REGISTERING YOUR
DOMAIN NAME
If you're ready to pursue a domain name registration then
you should acquaint yourself with some potential issues before you begin.
The policies and views associated with domain name registrations have changed over the years.
There may be trademark conflicts associated with a domain name proposed for use. Also, different domain registrars have different policies regarding the registration and use of your domain name.
Here are some sites where you will find invaluable information on trademarks and copyrights. We've added a separate page about registrars and registrar issues.
This page includes sites with Education content, sites maintained by Government,
sites offering Search services for a fee,
a list of Articles on this topic by leading
experts, some sources for Free Advise,
and a collection of Electronic Publications
that archive domain related topics. We suggest you visit at least the first three sections
and make return visits to the others from time to time.
Before you spend any money.
The most important time you will spend is the time taken to so some
free searches to see if and how your proposed domain name is currently used by others.
You should do these searches before you invest in any stationary, business cards, web site development or advertising.
One thing to search is current meanings of your proposed name. You can start by visiting sites such as
Webster's Revised Dictionary and
Roget's Thesaurus to see if your
proposed mark or domain name has a listed or secondary meaning. If you find an exact hit, you may
need to re-think your proposed name. If you find your name has a dictionary meaning or secondary
meaning you can check some Encyclopedias
to see how these meanings have been used. If the someone else's trademark has been used in association
with your products or services then once again you'll want to re-think your proposed name.
Once you make it past those first tests, next you'll want to see if anyone is using your proposed name
for their business. Here are a few places to begin your searches:
Another step will take longer. There are various phone-type directories you can access to search your name. You can find an
extensive listing of some of them at
Yahoo Search. You would be wise to search a number of these directories to see if someone has
already secured a listing for a business name similar to yours. If they have not, this is a worthwhile
project because you can then secure a free listing for your business with many of these directories. This is an excellent way to introduce yourself
to the Internet.
Government sites:
Great sources of information
Many countries around the world offer trademark protection. Not all
of these have web sites. However, almost 80% of the worlds registered trademarks
are in countries that do have Internet access. These sites offer a wealth
of information. We suggest you start by visiting the two largest Patent
and Trademark Office's. United States ("USPTO")
and Canada (CIPO).
To see a list of other Government sites click HERE.
Educational Sites
While Government offices have lots of great information it is normally
tailored toward the legal professional. On the other hand private sites
design their information for prospective clients. Here are some sites with
helpful information.
-
Arvic's Guide to Intellectual Property
-- is a complete layman's look at this subject. This site will provide
you with the basic fundamentals of Trademark use, procedures and how to
avoid conflicts.
- Intellectual Property Law Server.
This is one of the most complete intellectual property sites on the net.
- Law.Com - connects you to award winning national and regional law publications online. Some sections are subscription based.
- FindLaw - find a lawyer, and find answers.
Fee Based Search Sites
Prior to investing money in your domain name and the creation of a web site you can also obtain
assistance in searching for potential trademark conflcits. Several
sites on the Net offer this service. Here are a few.
-
MicroPat -- If you know how to
search for trademark conflicts then a visit to this site is a good idea.
Here you can spend all day doing as many searches of American Trademarks
as you want for a flat fee of $20.00 per day.
-
IsTeK Corp. -- Operates tmWeb.
This site allows you to order a tmSearch
American and Canadian trademarks and have it prepared by an expert searcher. They will also provide
opinions if requested.
General Inquiries
Free consultation
Many trademark attorneys on the Internet offer some sort of free
advise. We suggest you start by seeing if anyone in your community has
a web site and if so visit it. If you can not find anyone then you can
VISIT, OR E-MAIL
ARVIC, a firm of Canadian Trademark Agents, who offer Free Advise
on both Canadian and American trademark related matters.
IP Links that Deserve a Look
If you have ever wondered why two or more similar trademarks can co-exist
then perhaps a visit to the USPTO's Search
able Database for the Identification Of Goods and Services will offer
some solutions.
Articles and Blogs Written
About Domain Name Disputes
and Related Issues
Some the the worlds top legal minds are active on the Net. Many have published
articles. Here is a series of articles intended for business people who
want to further their understanding of trademark and domain disputes.
- Trademarks Along
the Infobahn
An excellent discussion of legal issues arising in conflicts between trademarks
and internet domain names, from the April 10, 1995 issue of the Richmond
Journal of Law and Technology.
- Internet Domain Names that
Infringe Trademarks
An article by Carl Oppedahl which appeared in the February 14, 1995 issue
of the New York Law Journal.
- Intellectual
Property on the Net
An article by Esther Dyson discussing what happens with intellectual property
on the Internet.
- Trademarks and Business
Goodwill
An excellent discussion of what trademarks are; what trademarks are not;
why marks are important, and how to choose a "good" mark, by
Thomas G. Field, Jr., a Professor at the Franklin Pierce Law Center.
- Registering
a Trademark
Step-by-step guide to registering a U.S. Federal Trademark ...from FindLaw.
- Intellectual
Value
An article by Esther Dyson. Worth reading.
- Designing
a Web of Intellectual Property
This paper includes a general overview of intellectual property law, analyzes
the impact on the web community, and provides evidence that web technology
has important implications with respect to copyright issues.
-
Intellectual Property and
the National Information Infrastructure
This Report, written by the Information Infrastructure Task Force (IITF)
Working Group on Intellectual Property Rights chaired by Assistant Secretary
of Commerce and Commissioner of patents and Trademarks Bruce A. Lehman,
explains how intellectual property law applies to cyberspace and makes
legislative recommendations to the US Congress to fine tune the law for
the digital age.
On-line Journals with Trademark Topics
There has been as much written about trademark disputes as there has been
about any other topic. Each of these journals has a topical index that
you can search to find related articles.
Other Nations Intellectual Property Offices
You can click the buttons to your left to find out more about what we
can do to help your business with a successful internet presence.
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WRITE to us at:
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