Technology and changing business methods have made domain names an important component of intellectual property, requiring them to be managed and maintained with the same professional care as trade marks. Schindlers has recognised this change and has accordingly extended its intellectual property services to cover domain names. We are now in a unique position to offer our clients the following new services:

  • Domain name registrations and renewals
    • A domain name registration ensures brand / trade mark protection and establishes a business identity on the Internet.
    • We are able to register domain names in over 200 countries.

  • Domain name transfers
    • A registrant transfer involves a change of the “legal owner” of the domain name while a registrar transfer is the change of the company responsible for the maintenance of the domain name.
    • We co-ordinate and administer all domain name transfers on behalf of our clients.

  • Domain name watch service
    • Our watch service monitors the use of our clients trade mark on the Internet as well as identifying any potential conflicts / disputes. A detailed search report is prepared every second month, which includes guidance and advice on how to resolve potential conflicts / disputes.

  • Domain name consolidation
    • A domain name portfolio usually consists of numerous domain names that are maintained by several different registrars, which could lead to domain name accounts being forgotten or deleted due to poor administration. Domain name consolidation brings the entire domain name portfolio under one roof, so that they can be managed as a collective.

  • Domain name strategy
    • A domain name strategy is the cornerstone for establishing policies and procedures for the registration, management and use of domain names. The absence of a domain name strategy could lead to domain names being owned by a corporation’s advertising agency, internet service provider, former employee or web developer. We offer our clients expert advice for developing domain name strategies.

  • Domain name audits
    • A domain name audit determines the current status of a domain name portfolio, identifies risks, incorrect or inconsistent domain name information, conflicts and redundant domain names. It also involves comparing a trade mark portfolio with the corresponding domain name portfolio to ensure they mirror each other and/or identify any gaps in the portfolio.

  • Domain name recovery
    • Domain name recovery is the process of taking non-legal action to retrieve a domain name that was erroneously deleted or registered by a cyber squatter (domain name opportunist).
    • We provide our clients with various cost-effective options to recover wanted domain names.

  • Domain name disputes
    • Domain name disputes usually arise from the registration, by an unauthorised third party, of a domain name which is identical or confusingly similar to a company name, personal name, trade mark or government organisation. Depending on the nature of domain name a domain name dispute can either be resolved by approaching local courts or through a dispute resolution service or by negotiation. We offer strategic and legal advice on how to resolve domain name disputes.

  • Domain name management
    • Domain name management is essential for maintaining a domain name portfolio. It involves: monitoring renewals, keeping domain name information consistent and updated.

.Asia

The growth of the Asian market has necessitated the development of a Top Level Domain (TLD) that will give recognition to this market on the Internet. The result is the release of the .asia TLD. It is anticipated that this TLD will surpass .com in popularity. In order to afford trade mark owners protection against domain name opportunists the dot asia registry has implemented Sunrise periods that will allow trade mark owners to secure its trade mark as a dot asia domain name before it is released to the general public. The Sunrise periods are divided as follows:

Sunrise 2a (9 October – 30 October 2007)

  • Trade mark registration must have been applied for before 16 March 2004
  • Applicant must have demonstrable usage of mark (in the class if applicable) as registered
  • Registrant must be owner, co-owner or assignee of the mark
  • Documentary evidence is not mandatory required, but required upon request

Sunrise 2b (13 November 2007 – 15 January 2008)

  • Trade mark registration must have been applied for before 6 December 2006
  • Registrant must be owner, co-owner or assignee of the trade mark
  • Documentary evidence is not mandatory required, but required upon request

Sunrise 2c (13 November 2007 – 15 January 2008)

  • Mark must be eligible for SR2a or SR2b (application for domain in SR2a/b is not a pre-requisite)
  • Domain name applied for may be constituted with a trade mark plus significant words from the class description in the Nice Classification system
  • E.g. mark for “XYZ” in Nice Class 1: “Chemicals” may apply for “XYZChemicals.Asia

Sunrise 3 (13 November 2007 – 15 January 2008)

  • Domain name applied for must correspond with the registered entity name(i.e. company name / organisation name)
  • The juristic entity must be registered on or before December 6, 2006 within the .Asia community
  • Documentary evidence (e.g. certificate of incorporation, etc.) is required and must be submitted
  • Submitted documents will be posted publicly

Each domain name application must have a contact within the Asia region, however if you do not have one we can provide an address for service on your behalf.

Please contact Waldeck@schindlers.co.za  if  we may be of assistance to you.