Understanding Domain Ownership and Trademarks

Domain Registration: A Guide for SMBs and Nonprofits

Whether you’re starting a new venture or growing your existing organization, securing the right domain name is a crucial step for establishing a trusted online presence. But domain registration can be tricky, especially when it comes to ownership and trademark issues. Here’s a straightforward guide to help you understand how to choose, register, and protect your domain name.

What Is Domain Registration?

Domain registration is the process of purchasing and securing a domain name, like yourbusiness.com, through an ICANN-accredited domain registrar (e.g., IONOS or Namecheap). This domain will be your business’s unique web address, making it easy for customers and supporters to find you online.

Key Tip: Always register your domain in your organization’s name. Registering under a personal account or third-party company can complicate ownership if your organization ever changes hands.

Understanding Domain Ownership and WHOIS Privacy

When you register a domain, you become the legal owner (or registrant) of that domain for the registration period, which is typically one to ten years. Your ownership information is recorded in the WHOIS database, a public directory where anyone can view domain registration details. To protect your privacy and reduce spam, many registrars offer WHOIS Privacy Protection to mask personal details in public records.

Trademarks and Domain Names: What You Need to Know

Owning a domain doesn’t automatically give you trademark rights. A trademark is a legal right that protects a brand name, logo, or slogan associated with your products or services. To protect your brand name, consider registering it as a trademark with your country’s trademark office. This can prevent others from using similar names in ways that might confuse customers.

If you encounter a domain similar to your brand’s name that could mislead your audience, there are ways to challenge it. For example, you could file a dispute with ICANN’s Uniform Domain-Name Dispute-Resolution Policy (UDRP), especially if the domain is being used in bad faith or to exploit your brand.

Real-World Example: Suppose you register mycharity.org, and later find that mycharity.net is being used by another party to solicit donations. If you hold a registered trademark for “My Charity,” you may have grounds to claim the domain.

Protecting Your Domain and Brand

Here are some steps to protect your domain and brand online:

1. Register Variants: Consider registering similar domains (like .org, .net) to avoid brand confusion.
2. Use WHOIS Privacy Protection: Conceal your information in the public WHOIS directory to reduce spam and maintain privacy.
3. Monitor for Infringement: Regularly search for domain names and trademarks similar to yours. Promptly address any conflicts through your trademark office or ICANN.

By understanding domain registration, ownership, and trademark protection, you can safeguard your organization’s online presence and reputation.