My understanding of the situation (and this is not legal advice and should not be a statement) is that any trade mark is valid from the point of first use.  Even if A register a trade mark if it can be proven that the mark has been used by another party B prior to A's use if push comes to shove then A's monopoly can be opposed and orders made for A and B to share the mark.  

With domain names the adr decisions range and are made on a case by case basis.  However, I understand it that it is from the point of first use of a name in the shape of a business name, trade mark or or other use in the eye of the public that would entitle an owner to challenge a domain owner.  Usually a trade mark is irrebuttable evidence of use however if the domain has been used in business prior to a registration of trade mark then that use could be presented in a udrp or audrp hearing as evidence of prior use.  

Joint use is never an outcome in domain adr.  

There are other factors under the udrp and subsidiary dispute agreements such as audrp which require a bad faith use.  

I run a domain name reclamation service.  The cost for a udrp challenge in adr fees is around $1,000 US.  The cost for audrp that is .au is $1,000 Aus.  Advocacy fees would range from $1,000 depending on the number of domains at dispute and complexity of issues.

Another interesting development is the bringing of an action in rem against a domain name where there is no identifiable registrant.  If this is the case then a transfer should be ordered.  Non-registration of details would amount to a bad faith use.

The benefit of a trade mark is that you can sue for damages for infringement in any media.  Domains only offer a transfer option.  You also get to cover spin off domains.  Trade Marks really trump business and company names.  I could trade as a company and use a different trade mark to my company name.

Hope that is satisfactory.  Remember I have done this off the cuff so no one rely upon it rather seek your own legal advice..

> On the subject of trademarks,
> 
> I was browsing the Atmoss database, as one does from time to time ;-), 
> and noticed a growing trend towards the registration of domain names as 
> trademarks. A percentage of which were "generic" or "desirable" 
> domains. While the majority were registered by the current registrant 
> of the domain name, some apparently were not.
> 
> My question is, does the registration of the domain as a trade mark 
> give (in the eyes of the governing body) the trade mark holder the rite 
> to the domain name above others. Even if the trademark application was 
> made after the domain was registered by a different party? I think I 
> understand the theory of different classes, but obviously if you 
> trademark a business name as a com.au you would expect your domain name 
> to be the same.
> 
> 
> Thanks
> 
> Ian