opinion Five questions you should ask yourself before registering a domain name

[infosec3]

How do you know if a domain name you are about to register has a chance of selling for at least a few hundred dollars? Here are five questions and answers you should consider before you start registering domain names that you are planning to sell, especially if it is a GEO or keyword-rich name.

1. Have I already identified a list of potential buyers for this specific domain name?
Many domain investors tend to register names and then think of who the potential buyer of their domain is. In our opinion, this is the wrong approach. The best way to have a good idea if your domain could sell is to explore if there is already of list of potential buyer. How do you do this? As is most Internet research questions, Google is the answer. A very helpful exercise is to check the keywords on your domain using Google and checking if there are companies that come up and are using those keywords, either in their domain or as part of their business. We are not talking here about two or three Google results, but a substantial number of them: 10, 20, 30, etc. Of course, you must register the domain name before you offer it for sale, but it is essential to determine if the domain is marketable.

2. Is the syntax or phrasing or my domain name the most common or proper form?
Generally, it is better to register names that match the way people refer to things. For example, if the most proper or popular expression is Boston Plumber, registering Plumber Boston might work, but the first order of words would be the preferable form. Now, it is appropriate to mention here that plumbing names are such hot-sellers that the latter also have a good chance of selling. When considering the syntax or phrasing, think also whether the most popular form is the plural or singular.

3. Are there possible good alternatives to my domain name that the end-user can register instead of buying mine?
If you own or are about to register MiamiRoofs.com and MiamiRoof.com is also available, ask yourself: Why would an end-user buy my domain if he can already get the singular version for registration fee? In our experience, end-users check whether good alternatives are available before buying the name you are offering to them.

4. Are other domain investors selling similar names?
An amazing tool you can use to check whether similar names are selling is NameBio.com, which contains historical data on domain sales. For instance, if you are about to register TampaGoldBuyer.com and you see that many other gold buyer names have sold, such as SeattleGoldBuyer.com, DenverGoldBuyer.com, etc., this may be a good indication that the name you are about to register has some value.

5. Is the name I’m about to register generic or a trademark?
The real business in domain investing is in generic names. Acquiring trademarked names is not only worthless, but a source of headaches for the registrant.

 

[deez007]

Nicely done mate...

Well written post and some very valid points!

 

[ezcoms]

I really like your write up. I think most importantly does the domain make sense? Like registering cubateascarves.com -- Some of the auctions or for sale BIN are kind of funny.

 

[Addison]

Another question I ask:

Would I be happy if this domain name was on my business card?

 

[Blueforever]

I have a question. If I own a name, someone tried to purchase the name off me, and we didn't agree on a price. A few months later they register a trademark on that name...will they be able to claim it? I think something is about to boil over regarding the name I own..

 

[katia meza]

Nice information shared.

 

[WatchDogue]

That is a nice pre-purchase list of questions for consideration.

 

[Bullock]

I have a question. If I own a name, someone tried to purchase the name off me, and we didn't agree on a price. A few months later they register a trademark on that name...will they be able to claim it? I think something is about to boil over regarding the name I own..

You could be in a risky zone:

"The problem that arises is when you decide to purchase a particular domain name with the intention of using it at some later time in the future. The issue is that by not using the domain name now, you would be unable to establish common law trademark rights. Where this becomes problematic is when a competitor decides it would like to use that name (or a confusingly similar name) for the same type of goods or services, and then files for a federal trademark. If successful, the result is your competitor would have a legal right to take the domain name away from you. In other words, you would need to find a new domain name."

By: https://onlinetrademarkattorneys.com/faq/domain-name-trademarks/


But I think this is the point of view of other side...

 

[Bullock]

I have a question. If I own a name, someone tried to purchase the name off me, and we didn't agree on a price. A few months later they register a trademark on that name...will they be able to claim it? I think something is about to boil over regarding the name I own..

I've found another advice that matter in this issue:

"... having trademark rights that come into existence later than registrations of corresponding domain names only gets complainants to first base; they have standing but no actionable claim. I also noted a nuance (not a difference in substance) in standing requirements between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA). However, standing depends upon the specific facts of the case, so that for example, if the domain name is registered between the time of an in use trademark application and the issuance of the certificate, the critical date is the date of the application. Standing can also be established on the basis of unregistered rights but requires substantive proof, and even assuming proof is persuasive weak marks are likely to favor registrants if their use is consistent with the semantic meaning of the characters, and unlikely to support forfeiture."


More: http://www.circleid.com/posts/20160..._to_corresponding_earlier_registered_domains/

 

[Blueforever]

I've found another advice that matter in this issue:

"... having trademark rights that come into existence later than registrations of corresponding domain names only gets complainants to first base; they have standing but no actionable claim. I also noted a nuance (not a difference in substance) in standing requirements between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA). However, standing depends upon the specific facts of the case, so that for example, if the domain name is registered between the time of an in use trademark application and the issuance of the certificate, the critical date is the date of the application. Standing can also be established on the basis of unregistered rights but requires substantive proof, and even assuming proof is persuasive weak marks are likely to favor registrants if their use is consistent with the semantic meaning of the characters, and unlikely to support forfeiture."


More: http://www.circleid.com/posts/20160..._to_corresponding_earlier_registered_domains/

Thanks again for your advice, I owned the name about 5 months before the trademark application in 2015, the trademark was granted march 2016.
The name isn't parked or put up for sale any longer. So hopefully nothing more comes of it. I will probably develop the name.

 

[Bullock]

I will probably develop the name.

... certainly you'll assume a stronger position.