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Trademarking & Domain Name hosting

Posted on 2001-06-24
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Last Modified: 2013-11-25
Hi,
I was wondering if anybody could help me out with this little problem I have.
I have a program I wish to sell and domain name I wish to register.
I have been told to trademark the name of my program so that no one else can use it as well as the domain name.Is this true?
And can anyone suggest where I might go about doing this as I live in Australia.
Also and other Ideas/Information would be greatly appreciated.

Thanks
Dave Steers
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Question by:dsteers
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CJ_S earned 50 total points
ID: 6223550
As far as I know it is so that once you have your own program you have the rights on that name of the program (if it is truly unique though).

For the webhosting you just need to check whether the domain already exists for which I always use http://www.vuurwerk.nl, but that's a dutch site, so probably not of use to you.

The domain name, however, will only be yours as long as you pay for it.

Regards,
CJ
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Expert Comment

by:Fenman
ID: 6223958
What country are you in?
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by:dsteers
ID: 6224306
CJ,
What about these "Free-domain name hosters",if you register your domain name with them who owns the domain name,them or you?.

Thanks
Dave Steers
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Expert Comment

by:CJ_S
ID: 6224319
They own it, but they let you use it. (They pay for it)

Regards,
CJ
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Author Comment

by:dsteers
ID: 6224333
Fenman,
I live in Australia as I stated in my original question.

Thanks
Dave Steers
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Author Comment

by:dsteers
ID: 6224417
So the only way to be reassured of owning a domain name is to pay for it.
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by:CJ_S
ID: 6224457
Yes :-)

Short answer, but also the only answer. That's also the reason why lots of companies buy thousands of url's, and sell them for a lot of money. For example microsoft.eu in the future.

regards,
CJ
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Author Comment

by:dsteers
ID: 6224603
Thanks CJ the points are yours.
Thanks also for the chat (delayed somewhat though).

Regards
Dave Steers
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Expert Comment

by:CJ_S
ID: 6224611
:-) Glad to be of service

regards,
CJ
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Expert Comment

by:Fenman
ID: 6224648
Sorry...didn't notice that.

I know the Q has been answered and accepted but..

Trademark gives the most protection - only for the jurisdictions covered. International trademark protection is granted by treaty and generally enforceable. Copyright is variable protection depending on which country you are in. In some countries - to get copyright registered you need to lodge approx 12 pages of code that 'uniquely identifies your program. Patents are stronger than copyright but difficult to get on software, usually because software is deemed to be a methematical system and mathematics can be derived.

In some countries a domain extension exists for registered Pty Ltd or Ltd companies. In the UK for example .ltd.uk is a valid domain class. The domain registrar rules dictate that only the duly registered LIMITED company can register that extension. The company registration number is required as part of the process. The same applies to .plc.uk as well. I cannot remember what the position is in Oz as it is some time since I have lived there.

To summarize, the best protection in order (my opinion - not a legal one)

FOR YOUR PROGRAM
----------------
Patent
Trademark
Registered Copyright
Claimed or Declared Copyright

FOR YOUR WEB ADDRESS
--------------------
.ltd.au (if this or its equivalent exists - I haven't checked)
.anything - as long as you pay the registration and maintain the registration and only valid for the countries involved.
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by:dsteers
ID: 6240811
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