Trade Marks and Domain Names
Posted by admin on May 4th, 2009
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One thing beginner marketers don’t realise is the significance of domain names. The choice of a domain name can make or break your business and great care should be taken when considering what name to choose.
When I first started internet marketing I was extremely naive and had no idea what to do. I believed everything, anyone told me. After all, these were the experts - right?
I paid a lot of money for a block of instruction, which basically consisted of a few half hour telephone calls at really awkward times, where the so called "expert" told me to go off and do certain things. However, he didn’t tell me how to do them or where to start.
I was supposed to ask questions if I had any problems, but as everything was a problem, I didn’t know where to begin. Also, as I’d paid for a specific amount of time, I needed to get as much instruction as possible even if I had no idea how to implement it.
Ultimately, I spent a lot of money and achieved nothing. I wasted a lot of time and made MANY mistakes. It would have been easy to throw in the towel, but there’s a saying - "When the student’s ready - the teacher will come" and thankfully, I’ve now found a mentor who not only tells me, but shows me what to do.
Now, I’d like to advise you of something you may not have considered. I hadn’t until recently.
If you want a web presence you need a domain name and there are numerous places to buy one. However, when you decide on an URL you must be a bit careful. The fact it’s available doesn’t necessarily make it safe to use.
Here’s my story.
Until very recently, I had a blog, which dealt with weight loss. It’s a subject, which affects many, and especially women going through the menopause.
The site was up for several months, and although I didn’t post often, I was proud of my efforts and other people linked to it. It was specifically NOT about dieting, but rather the need for healthy eating and exercise.
Anyway, I chose what I thought was a good domain name, based on the subject matter. Unfortunately, two consecutive words combined to make the name of a well known slimming club, and although I had never mentioned the company either in my posts or in my meta tags, after several months I received a letter from a firm of Trade Mark lawyers advising me I had to stop using the site immediately. I was required to hand over the domain name to their clients or risk legal action.
It appears the company had no objection to my blog or its contents, infact they liked it, BUT they were concerned I was piggybacking off their reputation.
I offered to make a statement on the site confirming I had no links to them and recommending anyone who wanted to actually go to a slimming club check them out. Their program is good (if you follow it) and I even wrote a poem about them once.
They declined and I can understand that, I suppose. So, although the use of their company in my domain name was completely unintentional, I relinquished control of the site because you don’t mess with these Trade Mark lawyers.
My point is, you need to check!
There are some people (including my mentor) who recommend piggybacking off their success, but not everyone is so obliging.
The problem is you won’t know when you buy a domain name whether you will face any objection. Many companies will sell you domain names if they are not already taken, but they won’t know (or care) whether parts of the names are Trade Marked or not, or in what categories they are listed. It is up to YOU to check.
Obviously if you use your own name you are safe, but don’t use words consecutively which make up Brand Names or Company Names, especially if you are marketing in the same type of niche. I did it accidentally and it was a real headache sorting everything out.
Apparently if I’d been in something completely different to health, weight loss, fitness, etc., i.e. internet marketing, the blog may still be there, but the company had registered their name in several categories in several countries, such was their desire to brand themselves.
It’s just something you should consider and if you are worried others may piggyback off your hard work you might even want to Trade Mark your particular name or product yourself!
By: Jean Shaw
Article Directory: http://www.articledashboard.com
Learn from a successful mentor and Get Your Secret List Building Formula In This FREE Report at www.jeansmenopausalmoment.com/list
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Owning your domain name gives your web site credibility. If you are running a business on the web, having a domain name will give your visitors a sense of legitimacy and that you are not some fly-by-night operation.
