How Does a Website Get a Domain Name?

Most business owners today have an online presence. Even most brick-and-mortar stores have a business website. It's nearly impossible to compete in today's market without one.

If you already have a website, you likely have protections to ensure legal compliance and prevent trademark infringement. But, if you're an entrepreneur just starting or are still looking for the perfect domain name, we can help.

Here, we'll explain why creating a unique domain name for your business is essential. We will also describe the legal issues you may encounter when registering your website name. If you aren't comfortable creating your small business website, do what other small business owners do — talk to a professional.

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What Is a Domain Name?

If you run an e-commerce site or maintain a website for your small business, you likely know what a domain name is. Technically, a domain name is the unique part of a website's Universal Resource Locator (URL). The URL is the website's address. The domain name is the first part of your site's URL. It's usually the same as your business name.

For example, this website's URL is https://www.findlaw.com. The domain name is in the main part of the URL, findlaw.com. The suffix "com" indicates the type of entity that owns the domain name.

Of course, sometimes your business name isn't available as a domain name. In that case, you'll want to choose a domain name similar to your company name or indicating the specific goods or services you offer. You also want to use search engine optimization (SEO) tools when creating your domain name so your brand name appears high in the rankings in a Google search, Bing search, etc.

Types of Website Suffixes

As mentioned above, your domain name is the first part of your company's web address. The second part, the suffix, identifies the type of business or organization that owns and maintains the website.

There are several suffixes you can choose from, including:

• .com
• .gov
• .biz
• .org
• .edu
• .net
• .mil
• .travel

Unless you're working on behalf of the military, government, or educational institution, you'll likely register your domain name with the domain registrar as a .com or .biz. You must make this decision before signing up with a web hosting company.

Domain Name Register and Top-Level Domains

Before the internet, people relied on phonebooks to gather information about companies and individuals. The Domain Name System (DNS) is a phonebook for domain names.

Before setting up a new website, you can search various domain name registrars to see if your new domain name is available. Three of the best domain registrars are ICANN, Whois, and InterNIC. These search engines offer a great way to avoid infringement. The last thing you want to do is pay a website builder to create a domain name that already belongs to someone else.

When looking for the right domain name, these are the best places to start. You'll find the most popular top-level domains (TLD). You can also search to make sure which good domain names are available.

Privacy Protection is Important

Whether you deal in goods or services, domain privacy must be a primary concern when creating your domain. If you use a web hosting provider to build your website, you'll tell them what goods and services you offer. There's a good chance that the person in charge of your hosting services will build in pricing information and a payment portal for your customers and clients.

By law, you must ensure that whatever payment platform you use is safe for your firm, clients, and customers. For example, if you run a real estate company, you must offer privacy protection for buyers and sellers.

The same is true if you have an e-commerce site. People will entrust you with their private information — including credit card numbers — so you must ensure your hosting plan includes the necessary firewalls, data encryption, and other data security tools.

How Is a Domain Name Different from a Business Name?

Your website's domain name is often the same as the name of your business. For example, Barnes and Noble uses the domain name barnesandnoble.com for its website. Any potential customers who visit its website knows who it belongs to and the purpose of its site.

Domain names, like the names of products and services, can have trademark protection. When choosing a domain name, it is important not to infringe on another entity's trademark. Choosing a name for a business that serves a small local area may be relatively easy. But, choosing a domain name for a company that offers worldwide distribution is trickier.

How To Avoid Infringement?

A website operator applies to a domain name registration authority to get a domain name. Once the registrar assigns you a domain name, this is the only website that will share that name. This does not ensure that another entity somewhere doesn't have the same or a similar name.

To check for that possibility, you should conduct a trademark search or hire an intellectual property lawyer or search firm to conduct a trademark search for you.

Once you have your domain name, check to see if anybody else has tried using that name. For example, during your first year of having a domain name, you'll want to periodically check that no other companies or organizations are using the same or similar domain name with a different domain name extension.

By changing the prefix or suffix of a domain name, a person can trade in on your goodwill and reputation. Even if their primary domain name doesn't infringe on yours, they may have a subdomain that implies an association with your business.

Registering Your Domain Name

Registering a domain name as a trademark is a way to protect the owner of the name from losing the name. To register a domain name with the U.S. Patent and Trademark Office (USPTO), an applicant must show that their business offers online goods or services. The domain name must identify and distinguish your firm's goods or services from those of other businesses.

When you initially register your domain name, you'll enjoy protection for 20 years. Once the 20 years are up, you'll have the option of renewing your domain name. You may also have the option of an auto-renew.

Various companies can help you register your domain name. Some of these include:

• GoDaddy
• Wix
• Ionos
• Bluehost
• Squarespace
• Register
• WordPress
• Google domains
• Namecheap
• Domain
• HostGator

Many of these companies offer a free domain name. But you may have to pay for specific services.

When setting up your new website, remember your business plan. Know your target audience, your marketing strategy, digital marketing, social media plan, email marketing plan, and have an idea about the design of your site. You can use online templates or hire a person who specializes in web design.

Don't forget the basics, like your business description, FAQs, contact information and a contact form. Make your webpage as simple as possible to create an easy user experience for your potential customers. Running your own business is hard work, but so rewarding.

Get Help With the Details

FindLaw's DIY business formation services can help you set up your new business, but chances are you'll have questions somewhere down the line. That's where a local small business attorney can help. Consult a lawyer in your area to learn more about business law, trademarks, etc.

Meeting with a lawyer can help you understand your options and how to protect your rights best.