How to Obtain a Domain Name

In order to obtain a domain name, an applicant will typically approach the registrar of the applicable top level domain and request assignment of the desired domain name in accordance with the applicable domain name allocation policies of that registrar. In the US, domain name registration activity has been delegated to a number of registrars in a franchise type approach (some franchisees are Internic, Domain Bank, Register.com, Namesecure.com, and Signature.com). Most readers will be familiar with Internic operated by Network Solutions Incorporated (NSI). In the past the domain name policies of NSI have created some controversy and litigation.

An applicant for a domain name should consider the top level domain for which he or she wishes to obtain a registration. In Canada, the top level domain name is .ca, and the generic top level domain names in the United States include .com, .edu, .net, .us and .org. There are a number of Internet sites that make it possible to instantaneously check whether or not the domain name which you wish to register is available. Registration of a domain name will not prevent a party from disputing the validity of the registration. The applicant would be well advised to seek trade mark protection for any distinctive second level domain name which in relation to the services and transactions provided through use of the website, and otherwise, which may relate to the applicants products or services. Should the applicant’s present or future business activities occur in part in the US, it would be prudent to register a US Federal Trade Mark.

The most popular top level domain for business websites in recent years is the .com domain.

The applicant usually completes an electronic form to request a domain name. NSI will register almost any domain name provided the exact domain name has not already been registered on the applicable top level domain. For example, xyz.com can be registered even if xyz.net has already been registered. Unlike the .ca domain, there are no sub-domains in generic top level domains, and therefore, many businesses prefer the NSI domain names over geographical domain names since NSI domain names have a more global look and feel.