Domain Name Trademark Explained

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Domain name registration is a simple task by itself. All you have to do is just pick a domain name of your choice, make sure it is available and pay the registration fee to get the registration done. Although this is true in most cases, sometimes the domain name chosen by you can result in a trademark infringement which could ultimately lead to legal battles and expensive settlements.

Domain name trademark infringement can be avoided easily if you are aware of the basic pointers that should be kept in mind before registering domain names. This article aims at providing all the information you need about domain name trademarks, how to get the trademark for a domain name, conflicting domain names, trademark infringement etc.

Domain Name Trademark – What is it?

Domain names like Dell, Samsung, Lenovo or Canon easily qualify for trademark protection as they do not contain common words from daily life. If someone uses a Dell or Canon in their domain name without the approval from the owners of these trademarks, it leads to a trademark infringement.

If a domain name consists of commonly used terms like ClothingLine.com or FoodDelivery.com, then they do not qualify for domain name trademarks as you cannot stop people from using terms like food, delivery, clothing, etc., in their domain name.

How and when do domain names qualify as a trademark?

If your domain name consists of keywords or terms that are commonly used to describe your products or services, then it is unlikely to qualify for trademark protection. On the contrary if you come up with a domain name like konduit.com that is unique by itself, it is more likely to qualify for domain name trademark and you can notify the U.S. Patent and Trademark Office (PTO) of the intent to use the name in commerce as a trademark and apply for trademark protection. Although there is no legal requirement that you carry out a federal registration of your domain name as a trademark to use it for your business, it always good to register the name trademark to avoid unforeseen legal circumstances in the future.

According to a rule by the Ninth Circuit U.S. Court of Appeals, if a domain name has to qualify as a trademark, it should be in use by the businesses for commerce — that is, to sell goods or services — before it can be protected as a trademark. This means that you can get trademark protection for a domain name only if you are actively using it for commercial selling and buying of your products or services. If the name is not actively used and you just own it, it does not qualify for trademark protection.

How can a Domain Name be trademarked?

The process of registering your domain name for trademark protection is simple. However, as mentioned before, it is important to ensure before the registration that name indeed qualifies for trademark protection. The steps to trademark a domain name are listed below:

Do a trademark search

The first step to carry out before registering the domain name is to do a trademark search on the US Patents and Trademarks Office website. When you are sure that the name chosen by you does not clash with an existing trademark, you can search for its availability and register it for your business.

Fill an application for registering the Domain Name as a trademark

Once you register your domain name and use it for your commercial business, you can apply for registering it as a trademark with the US Patents and Trademarks Office. The government charges a nominal fee for filing and processing of applications. It is important to note that the fee charged by the government is applicable even if your application for a trademark gets rejected for conflicting with an already registered and existing trademark. It is always better to take extra care and ensure that the domain name you have chosen does not clash with an already registered trademark.

The Importance of Registering Your Trademark

What is a Trademark?

A Trademark distinguishes the goods of one manufacture or trader from similar goods of other and therefore, it seeks to protect the interest of the consumers as well as the trader. It may consist of device depicting the picture of animals, human beings etc., words, letters, numerals, signature or any combination thereof.

Since it indicates relationship in the course of trade, between trader and goods, it serves as a useful medium of advertisement for the goods and their quality. The object of trademark law is to permit an enterprise by registering its trademark to obtain an exclusive right to use, share or assign a mark. Closely related to trademarks are service marks which distinguish the service of an enterprise from the services of other enterprise.

Trademark helps in inaugurating a Brand name

  • It helps consumers to distinguish your products and services from that of your competitors.
  • It indicates the quality of your products and services.
  • Establishing the brand and earning goodwill is supported by registering your trademark.
  • It enables to get the name “Branded goods” which will add on the value of your product.
  • Advertising the product will reach easily if your product holds an attractive trademark.
  • It serves as the most efficient commercial tool that establishes the identity of your product.
  • Holding a registered trademark significantly increases the value of your brand to potential purchasers, and hence any purchaser of your business is likely to pay much more for the goodwill that is built.

Trademark serves as an Asset

  • Trademarks are one of the few Assets that provide a long-term competitive advantage.
  • It is the only business Asset that will get appreciated in value over time.
  • It provides value beyond the core business and an pave the way for expansion of the business.

Trademark – a communication tool

    • Trademark helps to register the product among the consumers which helps them to differentiate and select the desired product.
    • Trademark wraps a series of technical issues in a single logo such as:
      1. Company
      2. Reputation
      3. Products and services
      4. Consumers need
    • Trademarks will work across borders, culture and language.

Trademark increases sales volume

  • Trademark helps to find out the significant differences among competing products.
  • The brand can be an important factor to drag the consumer’s attention.

Trademarks are relatively inexpensive to protect

  • After successful registration of trademark it has an infinite lifespan by renewing it and the expenses are less when compared to other intellectual properties.
  • Trademarks are often the top-of mind address for an Internet user which helps the consumers to identify your product easily.
  • Trademark gives the consumers the ability to protect themselves by relying upon known brands of products and services.

Trademark also assures the owner as it helps him to protect his own product from other competitors even if they similar. The owner can protect his trademark by taking legal actions against his reviles if they try to infringe his own trademark. When once a company registers its trademark ownership it will have an exclusive right to use it nationwide and for all the products that are listed in the registration.

The trademark acts as a prima facie evidence of its validity once registered and gives an exclusive right to the owner to use the trademark in the commerce field.Registration of trademark prevents others from using your trademark and hence it is important to register it. In the event of anyone trying to infringe your trademark the owner can fight back legally only when your trademarks is registered.

 

Hostgator.com Latest Hosting Review : Pros and Cons

HostGator is a prominent web hosting company that has been providing hosting services since its inception in 2002. Based in Houston, Texas, USA, HostGator has grown to become one of the leading hosting providers, catering to millions of customers worldwide. With a focus on affordability, reliability, and excellent customer support, HostGator has earned a reputation as a popular choice for individuals, small businesses, and even larger enterprises looking to establish and maintain an online presence.

HostGator offers a wide range of hosting solutions, including shared hosting, cloud hosting, virtual private servers (VPS), and dedicated server hosting. Their services encompass hosting options for various needs, from basic personal websites to resource-intensive e-commerce platforms and corporate websites.

pros and cons of using HostGator as a web hosting provider:

Pros:

  • Affordable Pricing: HostGator offers various hosting plans, including shared hosting, VPS hosting, and dedicated hosting, with competitive pricing, making it accessible to many users, especially beginners.
  • User-Friendly: HostGator’s user interface and control panel are relatively easy to use, even for individuals with limited technical knowledge. They provide cPanel, a popular control panel, which simplifies website management.

  • Reliability: HostGator claims to have a robust and stable infrastructure, with an uptime guarantee of 99.9%. This means your website should be available to visitors most of the time.
  • Customer Support: HostGator provides 24/7 customer support via phone, live chat, and ticket system. This can be beneficial, especially if you encounter technical issues that need quick resolution.

  • Website Builder: HostGator offers a website builder tool that can be helpful for those who want to create a website without much technical expertise.

Cons:

  • Upselling: Like many hosting companies, HostGator is known for aggressive upselling during the checkout process. Some users find this annoying and off-putting.

  • Limited Backups: HostGator’s backup options might not be as comprehensive as some users would prefer. While they do provide some backups, it’s always advisable to maintain your backups independently

 

 

 

Outsourcing in the Software Development Industry

Outsourcing is a phenomenon that can transform a business model and lays foundation for better economy. Outsourced software development offers significant business advantages over in-house development in several situations. Simply the farming out of services to a third party, a deal that enables the business entity to hire the services of an outsourcing firm in a different geographical location to complete the tasks. Reasons for Outsourcing of IT services and other associated services involve shortage of valuable resources.

Considering the growth of the business, business process outsourcing is utterly appointing other businesses to deliver the work you need, so that you can concentrate on the core activities. By Outsourcing you get improved quality in the work done, reduce development time besides cost. Business people believe that outsourcing business processes is a win-win phenomenon. The Outsourcer can get maximum profit and recruit more labor than he could perhaps do otherwise as he is able to outsource his work to an outsourcing firm that provide quality services at cost effective prices.

Mostly outsourcing is done by nations like USA & UK from countries like India, Malaysia, China, Philippines, and several eastern European countries where English speaking hard working, technologically strong, computer literate workforce are available to perform the job in a better way and also at a low cost compared to that of their equals in UK & US.

In order to take advantage of outsourcing, the prime factor that ought to be looked for efficient management of your project is does the company has requisite technological and domain expertise. The service methodology might differ from one business to the other. Usually we should look for software service provider with responsive process methodology which comprises of iterative software development within a restricted environment.

Finding a first-rate offshore software development service providing firm is not an easy task. But if you do deliberate search, then discovering an outsourcing company that go with your business objective will be of great ease. Software development outsourcing is just the transfer of software development process to a third party Software Development Company. In selection of a firm it is necessary to match your views with that of the vendor you select for performing the business process at present and that in the near future. While selecting, evaluate certain things such as outsourcing firm’s manpower their technological skills etc.

In outsourcing, software development maintenance and implementing a good reporting system to inspect even the smallest segment of the task is the first and the foremost challenge. The greatest challenge here is to report the work status accurately and in a timely manner to the outsourcer, which in turn helps them to have a supervisory control on the project by tracking whether each person of the team is briefed clearly about the objective and whether he puts in the best practices and processes in order to achieve the requirement on time, on budget and on target. Outsourcing firms when start sharing such essential data related to the project development to their outsourcer can definitely witness greater levels of confidence.

 

Managed Internet Security Software & Services

We take what is given to us, whether that is free security software or off the shelf software but most of us know very little about it. We really don’t know if we are secure or not. Here is a fact; it takes less than 8 seconds to get hit with viruses if you have absolutely no protection on your computer.

The security software supplied for free and or off the shelf is without a doubt ineffective to handle the bombardment of attacks that come across the internet these days. With over 500 new virus’s each and every month, and that’s being conservative, it’s no wonder this security software can’t keep up with the demands. Software that is not being updated and upgraded every single day is not sufficient to protect your computers.

The demand to have the best technology keeping us secure is of the utmost importance or at least it should be to all those who surf or operate a business online. Here is the unfortunate thing; the security software is only as good as the people who develop it. Many companies do all their security development in house. They rely solely on their technicians to come up the latest greatest protection, but even they fall short. Why? Well, there are so many cyber criminals looking for away to break those systems down and gain entry into the network that their security software programs are already outdated by the time it hits the market. Even the updates are outdated

There are ways to solve this issue. The best possible method is to have a number of security companies who focus on specific aspects of security software. You need the best firewall, the best anti-virus and the best spy ware or as we call it best of breed technology. Most of these so called security suites cannot keep up with what is going on. Cyber criminals are making more money then drug dealers these days it’s a fact and with money being the prime motivating factor for all criminals, cyber criminals will do anything to try to get into your system.