Googlebay – legal or not?

Google has successfully stopped the registration of Googlebay as a trade mark in Australia.

Dmitri Rytsk applied for Googlebay as a trade mark in 2006 to cover “Consumer market information services”. Although the Trade Mark Examiner approved the application, the standard process is for every approved application to be advertised, opening the door for anyone to oppose. At this point, Google Inc filed an opposition.

At the hearing, the Hearing Officer rejected the application, siding with Google. He said that while it was not “substantially identical” to Google, it was “deceptively similar”.

He also said that “the general public could readily see ‘googlebay’ as some form of new internet business” owned by Google Inc.

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