Posts Tagged ‘Sydney Morning Herald’

Herald offers legal advice for domain owners

Tuesday, June 24th, 2014
Photo credit; Tristan The Booklight on Flickr
Photo credit; Tristan The Booklight on Flickr

The Sydney Morning Herald offers the following advice for domain owners to help them better protect their domains:

When you register a domain name you get a license giving you the exclusive right to use that domain name for a specific period. For .au domains this is two years.

Can someone register domain names that are similar to my business?

Yes they can. You have a license to use the specific domain names that you register. Other parties can register and use similar domain names.

Is this illegal?
No, simply registering domain names that are similar to another business’s domain name, does not breach current Australian law.
However, there are other serious considerations, including:
  • Australian Domain Name Authority (auDA) policy applies to all .au domains and all Australian domain holders. Australian domain names may only be registered to Australian businesses. com.au and net.au domain names must be “an exact match, abbreviation or acronym of the registrant’s name or trademark or closely and substantially connected to the registrant”. Failure to demonstrate this connection can lead to the domain name being cancelled, under auDA policy.
  • Using another trader’s registered trademark in the registered classes may be trademark infringement and a breach of the Trade Marks Act 1995.
  • Australian Consumer Law prohibits misleading and deceptive conduct, including false and misleading representations that one business has an affiliation with another business that it does not have.
  • Using another trader’s branding and/or trademarks, even if the branding is not a registered trademark, may be passing off.

How can I protect my brand online?

Legal solutions

  • Choose a brand that is clearly distinguishable from your competitors can be easier to protect and defend.
  • Include a copyright notice in your website terms that sets out your intellectual property rights.
  • Consider registering variations of your main domain name.
  • Register your business trade mark to give you the exclusive right to use this trade mark as a brand name for the products or services specific in your registration.
  • Check for infringement.

To read more on this story, click here.

Step-by-step guide to registering your own small business online

Friday, November 22nd, 2013
Photo credit; Midiman on Flickr

Photo credit; Midiman on Flickr

The Sydney Morning Herald recently published a step-by-step guide for who want to register their own small business online.

Here is what you need to do:

1. Decide on your business structure.

2. Apply for your Australian Business Number (ABN).

3. Check that your chosen business name is available.

4. Register your business name.

5. Register your website domain name.

Step 1: Decide on your business structure
When starting a business choose the business structure that best suits your needs.
Your business structure (aka applicant or entity type) refers to the way you will operate your business.
These include:
  • Sole trader: an individual trading on their own
  • Partnership: an association of people or entities running a business together, but not as a company
  • Trust: an entity that holds property or income for the benefit of others
  • Company: a legal entity separate from its shareholders.
You can change your business structure as your business grows.
Visit the Australian Taxation Office website for more information on each business structure.
Step 2: Applying for your Australian Business Number (ABN)
Your ABN is a unique number that allows you to identify your business to government and other businesses.
You can get your ABN online at the Australian Business Register.
Applying for an ABN is free and should take about 30 minutes.
Things you will need to provide:
  • your personal details
  • your business information
  • your associate details
  • reasons for your application
  • your business activity details and
  • a declaration that the information you have provided throughout the application is true.
Your new ABN will appear on the completed application screen and will be ready for you to use right away.
Step 3: Checking your chosen business name is available
You can check the availability of a business name online at the Australian Securities & Investments Commission (ASIC) website.
To check if your proposed business name is available:
  1. Search business names register on the ASIC Connect website.
  2. From the drop down menu select ‘Check business name availability’.
  3. Enter the name you would like to search in the field below.
  4. Submit your search by pressing the ‘Go’ button.
If your name is not available, keep searching until you find one that isn’t claimed.
Step 4: Registering your business name
After you have found an available business name, register the name with the ASIC to secure it by:
  1. Going to the ASIC Connect website.
  2. Signing up to create an account with ASIC prior to beginning your application. Once you have your account you can begin the application.
  3. Completing the application. This should take you around 15-20 minutes to complete and at the end of the application you will receive confirmation that your chosen name has been registered.
Applying for a business name costs $33 AUD for one year or $76 for three years. Visit the ASIC website for more information on business name payments and fees.
Your business name is only your identification and registering it does not give you full rights over the name. You should trade mark your business name, too.
Step 5: Registering your website domain name
Your domain name is your website address on the internet and gives your business an online identity or brand for your customers.
When picking a website name it’s best to go with a name that:
  • represents your business
  • is easy to remember, pronounce and spell
  • is three syllables or less.
If you want to buy a .com.au or .net.au web address you will need to have an ABN.
To register your domain name go to the .au Domain Administration Ltd (.auDA) website for links to registrars and resellers, and to confirm current fees and options.

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The Sydney Morning Herald offers you top tips for online expansion

Thursday, September 26th, 2013

Australians have spent $13.9 billion online in the past year, so that means if you’re a small or medium business owner or you have an idea that you think could fly online, now is the time to do it.

But don’t go in blindly, use these tips from the Sydney Morning Herald to help you.

Photo credit; SEOPlanter on Flickr

Photo credit; SEOPlanter on Flickr

1. Look beyond eBay – Many online businesses start off on eBay because the auction site makes it easy to get your toes wet in the online marketplace. But if you’ve found that you have an aptitude for it, don’t just stay stagnant with eBay, push your products out into more places to try and reach as many potential customers as possible.

The best way to do this is by using multiple channels. You can get e-commerce management software to help you utilise a comprehensive range of channels, from Amazon, Trade Me and Facebook to comparison shopping engines like Shopbot.

2. Inventory management -If you are thinking about selling across multiple channels, you do need to maintain careful management of orders and inventory levels so that products are distributed on each channel effectively.

3. Information is king – You should spend the time and effort to publish as much information about your products or services as possible. Smaller retailers often struggle to do this. However, the more information you have and put forward, the easier it is for shoppers to find your product on Google, comparison shopping sites and eBay.

4. If in doubt, get advice - There are several options that retailers can take up to kick-start or grow their online business. Web agencies or independent developers can help retailers get up and running online; some also specialise in different vertical industries.

5. Invest in your own website – For more seasoned eBay sellers, it’s worth considering investing in your own webstore, which lets you ‘take back control’ of the customer experience and control your branding. You will also own the customer data and thus be able to harvest these customer details for marketing purposes.

To read more on this story, click here.