NZ trademark question

[unclewilco]

i recently purchased an expired .com.

a few days ago i had an email from the owner of the .co.nz version of the name..

the owner said that is was a new zealand trademark.
i searched the Intellectual Property Office of New Zealand website
but could not find any mention of this trademark.

so the owner said

"
If you visit my site *******.co.nz you will see that ***** is our trademark and it is indicated by the TM that is alongside it. It is not necessary under NZ law to use TM - this indicates that it is an unregistered Trade Mark in NZ cannot be registered by others as it is covered under NZ copyright law which is also mentioned.

"

has any one got any views on this?

iam in the UK BTW.

thanks in advance.

 

[timechange.com]

TM's are established at the time of first use in commerce. To "secure" a TM you can register it.

He can sue you for trademark infridgement and pursuit the domain, if he can prove he had prior use of the TM.

Since you are not in NZ, he will probably have to file for UDRP instead of suing you directly.

 

[Chelsea]

Hi,
from what I know he can not sue you as NZ law suggests to officially register for you trademark. Only then you have certain rights-but only in NZ.
Found this - think it might be a help:

"
What is the effect of registering a trademark?
While you are not required to register your trademark, it is advisable to do so. When your application to register the trademark is accepted, your mark will appear on the Register of Trademarks, and this gives a number of benefits:


Registration gives you exclusive use of the trademark for the goods and services that it applies to, and is effective notice to other companies attempting to register similar trademarks. You can bring legal proceedings for any unauthorised use of your trademark.
Selecting and registering a trademark at an early stage can be a valuable company asset, as you can sell or licence the trademark.
You are also entitled to use the symbol "®" with your mark to indicate that it is a registered trademark.Registration in New Zealand does not provide similar protection overseas, and you must apply for protection under the trademark registration regime of the particular country. However, if you make your overseas application within six months of your New Zealand application, this may give you priority over others applying in the same country. "

http://www.piperpat.co.nz/tmlaw/tmact.html

 

[unclewilco]

many thanks for your postings, i will "suck" it and see over the coming weeks.. i don't want any hassle,

but as i cannot find any reference to a trademark (us,euro or nz) for the domain/business.. i will just wait...

cheers

 

[italiandragon]

hi...what did happen?

 

[unclewilco]

hi...what did happen?

nothing, still got the name, did not hear anything...
in fact totally forgot about it, until your post italiandragon !!!

wilco