domain names
 a short guide
 
 
 What is a domain name?
 A domain name is simply the address of a website. With so much
 business being done on the Internet many companies choose a domain
 name that consists of, or includes, a trade mark. However, it is
 important not to confuse a domain name with a trade mark, especially
 when it comes to registration.
 Should I register my trade mark as a domain name?
 If you do not intend to use your trade mark as your domain name then
 there is no real purpose in registering the trade mark as a domain name.
 If you do intend to use your trade mark as your domain name, then the
 answer is, yes. It is more important, however, to have your trade mark
 registered in the countries where you are doing business.
 Should I register my domain name as a trade mark?
 Yes. We would only advise including the designation ".com" or ".co.uk",
 for example, if you are genuinely using the entire domain name as a
 trade mark as in the case of "lastminute.com" and "hotels.com". If the
 domain name is used solely as the address of the website, we would
 recommend only registering the distinctive element of the domain
 name i.e. "marks-clerk" and not "marks-clerk. com".
 How do I register my domain name?
 The first step is to undertake a search to establish whether the domain
 name is available for registration. A normal search will simply indicate
 whether or not the identical name has already been registered in that
 country. A more comprehensive search will establish whether similar
 names have been registered in the same or other countries. If the
 search is clear, you should reserve the new name with the appropriate
 registry. Upon payment of the required fee, the domain name is
 registered and in some cases a certificate is issued.
 How long will my domain name registration last?
 In most countries the domain name is, initially, registered for 2 years. It
 must be renewed at the end of that period and annually thereafter.
 What if I forget to pay the renewal fee?
 If the renewal fee is not paid, the domain name becomes available for
 others to register on a "first come, first served" basis. Marks & Clerk will
 undertake, without obligation, to notify you when the domain name
 becomes due for renewal and to effect payment of the renewal fees
 on your behalf.
 Can I transfer my domain name to someone else?
 Yes, a domain name may be transferred or assigned. The transfer is
 effected once the correct paperwork has been completed and sent to
 the registrar and the register has been updated.
 However, in some countries a transfer can only be effected by
 simultaneously cancelling the existing registration and filing a fresh
 application for registration. If the two actions are not co-ordinated
 there is a theoretical possibility that someone else could reserve the
 name in the intervening period.
 What happens if there is a dispute regarding ownership
 of my domain name?
 Most domain name registries now operate a Dispute Resolution
 Procedure that is relatively quick and cost-effective. This means you do
 not necessarily have to resort to litigation in court.
 Will my domain name protect me in other countries?
 No, domain names are granted by national registries and are effective
 only in that country. Registration at one registry does not provide any
 priority for registration in other countries.
 Can I register my domain name in other countries?
 Generally, yes. However, in some countries it is necessary to have a
 local company or a real and effective place of business in that country
 before a domain name will be granted.
 How do I register my domain name in other countries?
 Assuming it is not necessary to incorporate a local company, the
 registration procedure is similar in most countries. The name is
 reserved and, once the fee is paid, the registration is granted.
 What if someone else registers my trade mark as a
 domain name?
 The activities of so-called "cybersquatters" are being gradually
 restricted. Generally, such activities can be curtailed if appropriate
 trade mark registrations are in place. It is more problematic when a
 legitimate business wishes to adopt a domain name that is the same
 or similar to your trade mark. The outcome may depend on whether the
 other company is involved in a similar business or whether they trade
 in the same country. The trade mark rights of both companies may also
 be a determining factor.
 domain names
 
 
 Is there anything else I should consider?
 With the increasing importance of the Internet in all aspects of
 business and the growth in e-commerce, it is important to ensure that
 your business is in a position to meet these challenges. We recommend
 the adoption of a domain name registration strategy as part of an
 overall trade mark registration strategy. You should consider carrying
 out an audit of your trade marks and domain names.
 How can Marks & Clerk help?
 Marks & Clerk advises on all aspects of intellectual property. For more
 information and to find out how Marks & Clerk can help you register
 and protect your domain name and manage your IP portfolio, contact
 your usual Marks & Clerk attorney or a member of our trade mark team
 at your nearest Marks & Clerk office. Full details are on our website
 www.marks-clerk. com.
 The information within this guide is intended to provide a summary of the subject
 matter. Readers should not act or rely on information contained in this guide without
 first obtaining specialist professional advice.
 a short guide
 
 
 www.marks-clerk. com
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 copyright Marks & Clerk 2007