How to find the right domain name for your brand?
Domain names are prior rights that can be used against a trademark, just like company names. When choosing a trademark, it is therefore appropriate to
to check the availability of the corresponding domain names. Several hypotheses may then arise. The most favourable will be the "total" availability of the names checked. But it may happen that certain names are reserved. Should we then continue with this brand name or opt for another?
It would be too laborious to check all the extensions, as there are more and more new extensions. But it is recommended to check the availability of the trademark among the classic extensions: .fr, .com, .org, .net, .info. Depending on the territories in which you plan to use your trademark, it may be advisable to check the availability in the national domains (.de, .uk, .es...) as well as at the European level (.eu).
When all checked domain names are available
This is the most favourable hypothesis, it means that your name is truly original. It may be interesting to extend the search by making sure that variants are also available (for example, by looking at the noun with and without dashes, in singular and plural).
It is then advisable to quickly reserve the most coveted extensions (.com and .fr). For it often happens that ill-intentioned third parties systematically reserve the corresponding names for new trademark applications in order to resell them at a high price. This is an unfortunately widespread system, which can be likened to the "trademark system".
fraudulent letters received by trademark applicants.
When certain names corresponding to your brand are reserved
It is frequent that some extensions, in particular the .com extension, are already reserved during the availability search. Fortunately, you don't necessarily have to give up the name you have chosen. First of all, you should check what these reservations correspond to. If the address does not refer to an active site (error page, proposal to buy the name), no problem. This domain name cannot be used against you. You can therefore reserve another available extension.
On the other hand, if the reserved names refer to Internet pages, you must check whether the products or services offered on the site are close to those you are considering. If you are addressing an identical clientele by offering similar products/services, bad news:
the domain name can be opposed to your trademark. It will then be preferable to change the brand name, to avoid a future conflict.
Using new extensions to stand out
More and more companies are choosing their domain name even before registering their trademark. The appearance of new extensions allows more freedom to choose the Internet address that will be at the heart of their communication. These extensions can also make the domain name easier to remember. Take for example an architect named Paul Martin, who can now reserve the name "martin.archi". Or a restaurant called "Les Sources", which would have as its website "lessources.restaurant".
The new extensions are very varied. They can refer to a sector of activity, but also to a sport (.football, .ski) or even to a geographical location (.paris, .alsace). For brand owners, it is the perfect opportunity to define a digital identity in line with the brand, especially when .com is not accessible. There is even a .brand extension for trademark holders - but it is very expensive and difficult to acquire.
For more information on
the links between trademarks and domain names, see our guide.
anteriority, arnarque, availability, extension, domain name, website
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