Monthly Archive for August, 2009

Australian Regulator Warns About Questionable Trademark and Domain Renewals

The Australian Competition and Consumer Commission (ACCC) has recently made a warning to Australian trademark holders about unsolicited letters that may appear to be trademark renewal notices, including letters purporting to be domain name registration renewals, as something businesses should be wary of.

Letters that look like domain registration renewals are usually touting for new customers, and rely on limited knowledge of the domain name systems.

“It is all too easy for the inexperienced not to notice or understand the subtle difference between a.com or .com.au domain name”, ACCC deputy chair Michael Schaper said. “Once the money is paid the business becomes the owner of a new domain and has not renewed their existing one.”

The ACCC has taken court action against a number of traders involved in false billing activity for conduct associated with their online directories and for domain name renewals.

The ACCC gives a few simple steps to help avoid signing up to unnecessary and potentially costly services:

  • don’t assume that any renewal notice is from your original supplier. You may receive many such offers from operators competing for your business or they could be scammers. Check all the details.
  • ensure that only authorized employees are responsible for payments and they should have ready access to important dates and suppliers. Update them on any scam or unsolicited service that may be targeting businesses.
  • if the service is something that you would like, shop around to see what deals are available and who are the most reliable suppliers.
  • if you receive letters of demand you may need to get legal advice to understand your rights.
  • alert your industry association or local business advisor about any offers that you think may be untoward or misleading. They may be able to warn others in your network.

“If you have any doubts about trademarks or offers of a legal nature it pays to get independent advice”, advises Dr. Schaper.

Romania Approved the Amendments to the Law on Trademarks and Geographical Indications

The Romanian government approved the Amendments to the Law on Trademarks and Geographical Indications.

The purpose of this amendment is to introduce new changes in registration procedure for national applications.

Moreover, it also explains the reasons why a trademark application can be rejected.
“For example, the application would be rejected if it is identical or similar to a prior community registration, even if it is filed for the goods and services that are different from the goods and services of the prior mark.

It would be rejected if the prior mark has a reputation at the community level, and if the use of the applicants mark would take unfair advantage of the distinctive character or the reputation of the prior mark.”