One of the most important steps when we are going to create a web page is to choose the domain name correctly. It must be related to the topic we are going to talk about, be our company brand or something that invites readers to access. You have to avoid, for example, a long sentence, names without much meaning, symbols … Now, how do you know if a domain name will be able to be used or will we have problems?
How to see if we can use a domain name or it is restricted
There is something known as trademark rights . This means that someone registers a name and no one else will be able to use it for commercial purposes. For example, we can think of a restaurant that is a franchise. We cannot open one on our own and put the name and logo on it.
Something like this can also happen with the web domain names that we use for our pages. It is important not to choose one that could cause problems for these rights. There is the Trademark Law that prevents misuse of some names.
This is also known as cybersquatting . It consists of using a domain name that is registered or even combining that name with any other word to differentiate it but that does not stop containing the main message.
Luckily we can go to the trademark registration at a national, European or international level. In this way, through the Patent Office we can see if a name that we want to use is registered. In case it was free we would not have any problem and we could use it with guarantees. We can even register our own name to avoid problems in the future.
This last thing we mention is important. Let’s say we choose a name for our website and the site goes very well and succeeds. Someone else may try to copy us and take advantage of that name. If we do not have it registered, it would have a free pass for it.
What domain names can be registered in the Trademark Law
It is necessary to take into account what types of domain names could be registered as a trademark and therefore not available to users. We could have legal problems if we use it without permission.
Trademarks and company names
The best known are the brands and corporate names that may be registered and therefore limited in use. We speak for example of a large supermarket, a car brand, etc. These domains are normally restricted.
But we are not talking only about the name itself, but also using it as part of the domain. Take CocaCola as an example. Logically that name is registered, but we would also have a limitation to register a page of the webcocacola type.
Names of natural persons
We could also have problems if we are going to use a registered natural person name. This is very common in famous names. They register your name precisely so that third parties cannot freely take advantage and create a page with that data.
This is another of the mistakes that we could make when creating a web domain. We could get into legal trouble if we use a personal name without permission.
Similar domains
On many occasions the important brands when they are going to register their name also register other similar names . In this way, when we talk about a web page, they are guaranteed that they will not use a similar name to supplant their identity and even be able to profit.
Let’s take CocaCola again as an example. They may also have C0caC0la registered or any name that may appear similar when written. Also common mistakes users can make when entering a domain.
Recognized names and titles
In this case we are talking about any name or title that can be recognized. The name of a series, title of a famous book, movie … All this could also be punishable in case a user decides to create a domain with these types of names.
In short, when creating a website we must take into account different aspects that are fundamental. One of them, as we can see, is knowing that that name is not registered as a trademark. If we use one that is, we could breach the legal regulations and have a significant financial penalty.
