|
||
Many webmasters erroneously believe that just because their domain name registrar says a particular domain name is 'available' that it truly is. This is not necessarily so. Even if a domain name is physically available, it may not legally be open for use. Why? It's because there might already be a company that has the rights to the keywords used within the domain name.
If this happens yet the webmaster claims the domain name anyway, they are at risk of losing it through a domain name arbitration proceeding. They could even be charged with trademark/copyright infringement if things get really ugly. For this reason it's best to make sure the keywords used in a domain name aren't protected for someone else. This article will explain how webmasters can make such a determination.
First, webmasters need to check and see if their chosen domain name resembles any existing trademark that is on the books. They will want to do this before actually investing any money in the domain name. To search existing trademarks, webmasters can visit the website of the U.S. Patent and Trademark Office which is USPTO.gov. From here they can search a database that contains current trademarks as well as those that are pending.
If a domain name is similar to a registered or pending trademark, webmasters need to evaluate whether the domain name is still worth taking. Usually, if a site is not selling the same types of merchandise or services that the other business is selling and the trademark is not popular, a webmaster probably won't get into legal trouble if they decide to go on and register the domain name. To be completely sure, webmasters can run the domain name by a trademark attorney. It shouldn't cost too much for an hour consultation.
Of course, if a webmaster would prefer zero percent risk, they can simply try to think of another domain name. When they go about doing this, they need to be more generic and less creative in what they come up with. Using search engine keywords for a domain name is one such strategy. Webmasters can also look into using dictionary terms. If all else fails they can take a generic term and combine it with a term that is less likely to be taken, such as their first and last name.
Either way, once a suitable domain name has been chosen, webmasters should consider getting it trademarked themselves, especially if they are using it to help brand their business. With an official trademark, a webmaster has more legal power should another company try to take them to court. And since there's no shortage of domain name bullies, (companies that try to steal profitable domain names from smaller enterprises), a webmaster should use all legal avenues available to protect the rights of their business.
In conclusion, by checking whether or not a domain name has keywords that are part of a trademark, webmasters lessen the risk that they will have legal problems in the future. If there are problems, and a domain name arbitration proceeding does not rule in a webmaster's favor, they can turn to The Domain Name Rights Coalition.
Branding your business on the Internet starts with your domain name. Buying the right domain name is an important part of your planning process. Even if you don't plan on using the domain name right away you should purchase it anyway before someone snatches it. You can buy a domain for under $10 so it is one of the least expensive investments you will make. To put it in numbers, there are about 70 million .com, and about 10 million .net registered domains in the world.
Don't think that all the good domain names are gone. There are more great domain names available to you than you will ever need. Even though there are about 100 million top-level domain names registered already, there are many more to choose from. Don't believe it for a minute that you won't be able to find a domain name that will work for your business. A little bit of research and creativity will go a long way in your efforts to the find the right domain name for your company.
The name registration is a simple process. There are many domain registrars you can choose from. Some of the larger registrars are godaddy.com, enom.com, and networksolutions.com. All registrars have simple a registration process; a few clicks and you are done. The interface is user friendly, and you could register your domain name in less than ten minutes.
Registering a domain doesn't mean you own it permanently. Think of it as a car lease without getting stiffed with expensive lease termination fees. You have the right to use it, but you don't own it indefinitely. You are simply registering it for your business or personal use for a certain duration. You can register your domain for one year or multiple years. It is best to register business domains for multiple years. For additional protection, select auto renew as an option. Auto renew ensures that your domain is renewed even if you forget about it. You've probably heard horror stories about companies letting their domain names expire. If it happens to you, it could have devastating effects. In the worst case, you may be forced to go out of business. If your domain name becomes part of your brand, losing it could mean losing your business.
Once the registration expires you have to either extend your registration or let it expire, so someone else can grab it. If you are forgetful, you may want to select the auto renew option, so you don't let your domain name expire against your wishes. Don't think nobody will want you domain name, there is an entire market that is dedicated to profiting from expired domain names. Don't fall victim; take your domain name registration seriously.
All of the larger registrars are reputable companies, and you should have no difficulties registering your domain with them. A word of advice, watch out for the up sell. Most registrars make most of their money through the up sell such as providing hosting services, e-mail solutions, shopping cart software. I don't recommend hosting your Web site with the registrars. Register your domain with them, but don't fall for the up sell. Let the registrars do what they are the best at, registering domain names.