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An Expensive Lesson

AN EXPENSIVE LESSON - Avoid the mistake that put an online business out of business.

Just this morning I heard a radio advertisement for the new "dot" domain names. The "come on" contained in these advertisements is that many names that have been taken under "dot com" addresses are available for registration under the new extensions. If you missed out the first time, you can still get that "hot" name with the new extensions.

This really brings to light a very common problem that I have seen over and over again with startup Internet businesses. The business owner registers the domain name, spend a lot of money having graphics and web pages designed, spends money to have the site marketed, on an off line, then sits back and waits for the checks to roll in. And sometimes it actually happens. There are a lot of small online businesses out there making very respectable livings on the web.

But just when everything looks great, the shoe drops. A nasty letter or E-mail is received from some law firm with some official sounding names on the letterhead, informing the business owner that the name being used infringes with the trademark of his or her client. Unfortunately, it is at that point that many small businesses decide to do a trademark search. And sure enough, some company in California, or Utah, or Washington has been using the name since before the Internet was even conceived.

This can mean the death of many small companies. Once name identification is established with the name, changing business names and domain names can be devastating.

This can all be avoided by taking the simple step of ordering a trademark search before you put money behind marketing a domain name. Just remember one important fact. Trademark rights arise upon USE of the name NOT upon registration with the Trademark Office. If you really want to avoid problems in the future, a complete common law search needs to be performed.

Many owners of startup businesses cringe when you mention another expense. But the modest fee for a common law search is nothing compared to the devastating affect not having one performed in advance can have on your online business.

For more on Trademark Searches and to find out where to get a trademark search, click here.

To order a trademark search now, click

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