Trade Name and a Trade Mark - Coursework Example

What is in a name Name: Course: Tutor: Date: Executive summary Technological advancements have revolutionized the world’s lifestyle through the internet e-commerce. Online access has given people of all kinds the opportunity to shop for close to everything online. The ease that an internet gives shopper has altered the perception of retailing. A lot of consumers visit online web stores to choose before moving to those stores or ordering deliveries online. Internet marketing is probably the best way to market products and services at the time. This paper documents issues associated with setting up a web advertising site first it defines trademarks and trade names, then gives the Importance of selecting a specific domain name for an e-Commerce site, The cost of registering a ' .com' (top level domain) name, The procedure for registering a domain name in the UAE , Options available when one discovers that the domain name you want to use is already taken, a list of three names and explanation as why they are good names for an e-Commerce web site and finally the legal rights one has and how one can protect a domain name which could be a trade mark, intellectual property or company name. Table of Contents Executive summary 1 Table of Contents 2 Trade name and a trade mark 3 Importance of selecting a specific domain name for planned e-Commerce site 8 The cost of registering this ' .com' (top level domain) name 9 The procedure for registering a domain name in the UAE 9 Options available to you when you discover that the domain name you want to use is already taken 10 List of three names and explanation as to why they are good names for an e-Commerce web site. 11 The legal rights one has and how can one protect a domain name which could be a trade mark, intellectual property or company name. 11 Conclusion 12 References 13 Trade name and a trade mark A trade name is simply an identity that a business adopts to identify itself. This can be unique from the legally registered name for normal status. An example is a scenario whereby a business might be registered as FOOTO Holdings and operates its business under a trade name “TOGRE productions, Inc.” Trade names can be or not be trademarked (Janice, 2004). According to Jeffrey (2009), a trademark on the other hand is a unique symbol or indicator applied by a firm, business, organization or legal parties to show that the services and products to clients which bears a trademark hail from a distinct source and to always uniquely identify its services and products from those of other parties (Jeffrey, 2009). A trade name is basically a name that a given business uses in undertaking commercial operations. Despite the fact that the trade name is registered, a different name may be used in taking contracts and other formal situations. For instance, Baseline Chemical Manufacturers Inc. may prefer to use Baseline Pharmaceuticals that sounds friendlier to the public. In this case therefore, Baseline Pharmaceuticals will be the trade name (Susan & Dennis, 2003). According to Richard & Stephen (2010), when an individual or a business organization use a sign that is distinctive in order to make consumers quickly identifies that the products bearing the same sign originate from one source. The sign is termed trade mark. This will be of importance to the business because consumer will get to differentiate the products that we produce from those of our competing entities. Trademarks are designated by three distinctive symbols. TM this represent unregistered trade mark, this means that it is used to either promote or brand goods. SM indicating unregistered service mark, they are basically used to either brand or promoting goods. Finally is the ® representing the registered trade mark. In simple terms, a trade mark can be word, phrase, symbol, logo, image, a design or even a composition of all these listed elements. On the contrary, there are other trademarks which are non-convectional which has marks that do not suit the above listed categories. Some of such may include; smell, color and sound (Richard & Stephen, 2010). After the trademark has been registered, it will be the duty of the owner to move on with legal proceedings for trade mark infringement so that the trade mark will not be used by any unauthorized person or business entity. In some regions, those rights that have not yet been registered in the sign may be enforced; these are termed common law rights. A sign that is unregistered indicated that it will only be protected in a given geographical area whereby it has used or where it is expected to expand to. Three names I choose Baselinebusiness.com Highriseenterprise.com Responsochemicalmanufacturers.biz Registrant: Domain Admin domains@hugedomains.com THIS DOMAIN IS FOR SALE HugeDomains.com 1422 Delgany Street Suite 400 Denver, CO 80202 US +1.303.893.0552 Registrar: Domainwards.com (http://www.domainwards.com) Domain Name: BaselineBusiness.com Creation Date: 6/29/2011 Expiration Date: 6/29/2012 Last Updated Date: 6/30/2011 Domain Locked: True Administrative Contact: Domain Admin domains@hugedomains.com THIS DOMAIN IS FOR SALE HugeDomains.com 1422 Delgany Street Suite 400 Denver, CO 80202 US +1.303.893.0552 Technical Contact: Domain Admin domains@hugedomains.com THIS DOMAIN IS FOR SALE HugeDomains.com 1422 Delgany Street Suite 400 Denver, CO 80202 US +1.303.893.0552 Name servers: ns1.namebrightdns.com ns2.namebrightdns.com Registrar: DOMAINWARDS.COM LLC Whois Server: whois.domainwards.com Creation Date: 29-JUN-2011 Updated Date: 30-JUN-2011 Expiration Date: 29-JUN-2012 Name server: NS1.NAMEBRIGHTDNS.COM Name server: NS2.NAMEBRIGHTDNS.COM Registry Status: client Transfer Prohibited Highriseentreprise.com-available Highrise-Entreprise.com-$11.99*/yr VegasHighriseEntreprise.com-$11.99*/yr LuxuryHighriseEntreprise.com-$11.99*/yr HighriseEntrepriseParis.com-$11.99*/yr Responsochemicalmanufacturers.com is available Pesp-On-So-Chemical-Manufacturers.com-$11.99*/yr RespOverSoChemicalsManufacturers.com-$11.99*/yr RespOverSoDrugManufacturers.com-$11.99*/yr RespOverSoBitterManufacturers.com-$11.99*/yr How to protect the domain name There are a number of people that close contact has to be maintained mainly when the domain is being registered. Registration comprise of these groups of individuals. First is the registrant who is legally owner of the domain. In many case business owners grant the web developers to be the owners of the domain which is not recommended (convention, 1982). Administrative contact in this case is someone who has full authority in the business to change the domain record. It is not necessary he/she be an owner but that person who has been entitled to the position of authority at the business. In some cases the web developer is always indicated. There is also a person who is in charge of any technical problems that may arise within the domain and is called the technical contact. An organization with a well network of administrators, IT personnel will be assigned with the duty of dealing with technicalities. It is recommendable that a person who is in charge of these technicalities should be within the business payroll (Susan & Dennis, 2003). More often there are mistakes that are repeatedly done thus leasing to permanently loss of domain. Those that are at great risk are those with multiple domain names. Bearing in mind that Importance of selecting a specific domain name for planned e-Commerce site It is vital to select a good domain as part of the web based business plan. The Domain name shows the customer who one is and directions on how you can be found on the net. It is the heart of your identity on the internet and since no two entities can bear the exact same URL address, it is wholly distinct to you. Normally owners of businesses assume a lot when deciding on the domain name for their businesses. One should bear in mind that shortcoming of choosing an ineffective name for domain could be just a blow as choosing a wrong geographical location if you were to begin a cultural material store. Hence one ought to dedicate at least as much concentration to your choice of domain name as you would the postal address of a physical shop location (Susan & Dennis, 2003). The cost of registering this ' .com' (top level domain) name VeriSign one of the biggest network facility providers, and via an agreement with ICANN, determines prices on .com and .net since it’s in charge of the domain name service for the two suffixes. The prices are paid by domain registrars for client registrations. It stood at $7.34 for a .com domain in 2010. ICANN also charges some fee for every registered domain name. The fee stands at 20 cents per domain. Domain registrars do provide domain name registration services at different prices that vary by companies. A company may demand $8.81 for a .com domain, and another charges $35 for the same. The prices for domain names vary much between top level domains. Normally a top level .com domain would cost $8 to $10 per domain for registration per year (Richard & Stephen, 2010). The procedure for registering a domain name in the UAE Domain name registration for domestic applicants via UAE can be done through the following steps. You first complete a Domain name registration form and give detailed and accurate entries. You then proceed to complete a payment Authorization letter also making sure that information given is accurate. Thirdly you hand over a copy of your identity card or passport for the payment method card holder. You then forward the above documents to the UAE registry on Fax No. +97142959876 the wait for your information to be processed normally it shouldn’t take long (Riad & al, 2006). Domain name registration for international applicants can be achieved via the following steps. First you complete a domain name registration form for application of course giving accurate information. You then complete a payment authorization letter providing accurate data. Thirdly you hand over a copy of your passport or identity card for the credit card bearer. Finally you forward the above documents to UAE registry on Fax No. +971 42959876 and wait for your information to be processed (Matsuura, 2003). Options available to you when you discover that the domain name you want to use is already taken If you find out that your desired domain name is already taken you first have to trace the person or organization owning the domain name. If no website exist by that URL address or no form of contact is given on the site then look up for the owner at WHOIS. You can attempt trying to convince the owner for the domain name or simply request him/her to back-order any nearing expiration date domain. Though placing up a request for a domain name when it expires does not guarantee that you will be first considered when the name expires. When a domain expires the owner is given a period of 30-45 days to allow him/her to renew it. In case he/she does not renew it then it goes into an auction where all the persons who placed back-orders and those interested can bid on the domain name (Jeffrey, 2009). If one does not succeed to secure your desired domain name, then there is an alternative for other cheaper Dot-com domains available for registration using alternate dimensions of your organization or company name. Of course search engines benefits to tracing certain keywords included in your domain name exist. One can try hyphenating an organization name that stands you’re your main products or services which is capable of putting your site in an organic search results listings (Jeffrey, 2009). List of three names and explanation as to why they are good names for an e-Commerce web site. Lion Brand agency, Global point partners And Corporation international The names are short enough to warrant easy remembrance by all our customers, easily sellable and recognizable. Since the marketing brand company would market an international product, the names would be appropriate for their international nature. The above names are also appropriate since no registrations have been made as with regard to Domain names no trademarks have been registered whatsoever. The names do also reflect the international nature of the business through corporation and global point parts of the names. The legal rights one has and how can one protect a domain name which could be a trade mark, intellectual property or company name. Your company name is the most basic and important asset in form of intellectual property you have. Your company reputation is attached to your name else it would be risk if someone else traded on it. If your company’s name is unique to your products and services, then you might be able to take legal action against anybody who might try to use it in the same business environment. Further protection is given if the name is registered as a trademark (Janice, 2004). If you want to protect your name on the internet then one has to consider registering the domain name together with your company’s name and the trade marks you have. One can also use the URL Dispute Resolution Policy founded by ICANN and adopted by all registrars accredited. From this one can begin a cheap way to challenge existing domain name only if he/she has a trademark. Protection of your intellectual property is vital to your company’s success (Campbell, 2007). Of course intellectual property covers products that have been distinctly created and give one some benefit economically. One can also make use of trademarks which protect a products name locking out other businesses from marketing or selling any product under the same name. It attempts to safeguard consumers from confusion or deception by ensuring that other businesses or companies do not use the same name or a name that is confusing to yours. For services we have the service mark. It is however, important to be the first to use the name for long term use of it filing on the other hand is crucial for enforcement purposes. Conclusion Shoppers at this century have advanced to be quite smart. They have been empowered to easily decide on prices, products and options of delivery making shopping much of fun, cheap and less timely. Today’s online shoppers have become very smart consumers very quickly. Presently internet users are increasingly concerned about easy shopping without having to queue deflecting them to taking advantage of e-commerce websites. However, there exist challenges for the enactors of this e-commerce websites. Adhering to best decisions when building e-commerce sites will help safeguard company’s interests and all the benefits and processes involved in setting up e-commerce websites References Campbell, D. (2007). The internet: Laws and Regulatory Regime. New York: Gardners Books. convention, I. F. (1982). Trademarks and Trade names:creation, developement licensing and protection. Las Vegas: St Paul, MN. Janice, R. (2004). The complete e-commerce book : design, build & maintain a successful Web-based business. San Francisco: CMP Books. Jeffrey, L. .. (2009). The Essential Attorney Handbook for Internet Marketing, Search Engine Optimization, and Website Developement Management. Oro Valley: Esquire Interactive. Matsuura, H. J. (2003). Managing intellectual assets in the digital age. London: Boston Artech House. Riad, A., & al, e. (2006). International business: theory and practice. New York: Armonk. Richard, S., & Stephen, E. (2010). Trade Mark: Legal care for your business and product name. Calif: Berkeley. Susan, W., & Dennis, C. (2003). E-Commerce: Law and Jurisdiction. New York: The Hague Kluwer. Read More