In today’s world it’s almost a given that your branding needs to harness technology to compete effectively. According to Google, online small businesses grow four times faster than those offline, and research from Nominet shows that a majority of people in the UK believe that an online presence will become a company’s most important asset within the next five years.
For brand owners looking to minimise the intellectual property risks and capitalise on the opportunities afforded online, there are three key phases: creation, monitoring, and resolving any disputes that arise.
Creating your brand
Think very carefully when choosing a new brand name, and carry out plenty of due diligence. Identifying a distinctive and effective online identity whilst avoiding legal problems is far more effective and a lot less stressful than costly disputes and potentially having to rebrand at a later date.
Come up with several options and check whether the terms are already trade marked in the territories that you are targeting. The UK Intellectual Property Office and its EU and US equivalents have free online access to databases of registered trade marks. Seek professional advice from a friendly trade mark agent or intellectual property solicitor if you need it. See what comes up when you enter your candidate brand names in each of the major search engines, and work out your SEO strategy. You should also check which domain names you’ll want to use for your web site and email. Check that they are memorable and easy to spell – and more importantly, whether they are actually available. Again any reputable domain name registrar will assist in identifying which names are free to register.
The current hot topic in domain names is the massive expansion of Top Level Domains (TLDs). Historically the choice was between a small number of three letter TLDs such as .com and .org or a two letter country TLD such as .uk or .nl. However there are now literally hundreds of new TLDs on the market, from .xyz and .guru to .london and .wales. Some country TLDs can now also be registered in Chinese and Arabic characters. So although it may appear bewildering, there is in fact a huge range of choice and opportunity.
The country TLDs are predictably popular for businesses originating in, or targeting an audience within, that country. In the UK, for example .co.uk consistently tops the rankings by a considerable margin in terms of consumer trust and preference. With around 112 million domains registered, .com remains by far the biggest domain worldwide and remains the clear second choice in the UK; new TLDs are as yet relatively untested, but some – such as .photography – may be worth exploring for certain niche markets.
As a result of the liberalisation in TLDs the country TLD rules are also changing and becoming less restrictive. For example .fr domains are now no longer restricted to French nationals, and Nominet now allows short .uk domain registrations such as stephenfry.uk as opposed to stephenfry.co.uk.
Monitoring your brand profile
Whilst the internet has brought about massive benefits and opportunities, the online world is also rife with examples of malpractice, ranging from people acting in bad faith to blatant criminality and fraud. Cases of innocent confusion are also surprisingly common.
It is therefore important to maintain constant vigilance in monitoring your brand online. There are specialist companies which can do this for you or can simply monitor search engine rankings yourself and keep an eye on any complaints or social media postings.
In terms of a domain name strategy, traditionally brand owners would defensively register their key trade marks and any obvious alternatives and mis-spellings across all TLDs. But with the expansion of TLDs that is now not feasible for all but the largest multinationals, although a law firm representing former New York City mayor Michael Bloomberg reportedly bought up 400 .nyc domains on his behalf, ranging from the straightforward (michaelbloomberg.nyc) to what appear to be efforts to pre-empt critics (bloombergsucks.nyc, bloombergistooshort.nyc). Registration of your trade marks with ICANN’s Trademark Clearing House will not block registration by third parties but will give you early warning in the event that a registration is made in one of the new TLDs which exactly matches your trade mark.
If you believe someone has registered a domain name which abuses or infringes your brand’s rights, or may lead to confusion, there are relevant authorities you can contact to investigate and potentially have it suspended or transferred. Part two of this article, coming tomorrow, will look at resolving domain name disputes, as well as looking ahead to the future of domain names.
By Nick Wenban-Smith, Senior Legal Counsel at Nominet.
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