Literally you can buy any domain name that is available for registration. But that does not mean that you can legally have that domain because if there is any trademark registered for that domain name then you have to give it to that company’s owner when they claim for that domain name. Though most of the new companies try to buy a domain name first before choosing their company name so as they can keep the exact match of their brand name in their web domain.
Note: Let me give a basic idea of what I mean by trademark: a trademark can be a single word, a logo or a combination of a name and logo. A trademark word or a log is normally get registered with the registration agency in your country where you operate your main business.
If you are a business owner and find that your trademark domain name already has been taken by someone who has the only purpose of selling that domain, then you can solve this issue of acquiring your domain name by the use of domain name dispute policy guideline.You can find some useful information about domain dispute resolution at: http://www.icann.org/en/udrp/udrp.htm
Beware of Cybersquatting
Suppose that you have a business trademark “Joggpad” and your brand name is very popular but you just did not make any web presence. To make your brand’s presence online, you need to buy that domain name which has already been taken by a domain buyer in bad faith. The bad faith means that that the buyer sensed the brand value of your trademark and wants to make money in exchange of the domain name to you. These people who buy domain names which have trademark value are called cybersquater. There are laws that can protect your rights to have a domain name that has already been taken by the cybersquater. If a domain name is used by someone who is doing completely different kind of business than that you do then it will be extremely difficult for you to get that particular domain name and in most cases the law will favor the person who bought the domain name in good faith, and using that domain to do his business that is no way related or relevant to your type of business.
What you need to do before buying a domain name?
Before buying a domain name you can Google a bit with that particular name or phrase. For instance you decide to buy examplesite.com. Go to Google and search with examplesite.com, examplesite.net and some more top level domain names (for example .com, .org, .info, .net etc are called top level domain names or TLDs). If you do not find any result, then try searching with that name with exact search phrase such as type the domain name within double quote and then search it: type “examplesite.com” in Google and search. Do not forget to include the double quotes in your search phrase. If this search reveals any organization or company then avoid registering that domain name for you.
How to choose a domain name?
Technically speaking you are allowed to choose any name as your domain unless that name represent any established brand names. For instance you should not buy anything adidasshoes.com; since it already contains a trademark name in it. if you are unsure you can invent your own brand name such as Google or Kodak.Before choosing a domain name for you blog you need to do your math by a number of ways: search in Google with your domain name (with a double quote such as: “yourdomain”. Next you go to the website of US Government Patent and Trademark office and then click on TESS (trademark electronic search system). If you not find anything similar to your intended domain name then you can safely consider buying that domain name. And after the purchase, if you are a US citizen, you can register your domain as a trademark with the US patent and trademark office.
Further resources about domain law can be found at:
