Saturday, September 21, 2013

REVIEW

One of the most important and one of the most difficult decisions that a business can make is what to call themselves. A friend managed to put together a business model in few days. The same friend struggled for months to come up with a name to go with that model, and sent me emails every few days with different ideas (Hey, Bill, what do you think of this one…). He finally choose a name after much begging from me.
The challenge of finding a name to represent your goods, your services, and yourself has become harder because of search engines, and because of the global reach that a web site can provide…
A business can face this problem at more stages than just when they are first starting out. It can also come up when:
  • They decide to change the legal structure of their business from sole proprietorship or partnership to corporation or limited liability company
  • They decide to create an online presence and want to be unique
  • They move into new territories, perhaps from local to regional or to national or even global
  • They face some conflict with another company using the same name, which forces them to change
  • Their business or marketing plan changes, and a change of name makes sense
  • They come up with a product line or set of services under a legally protected name, and become better known under their trademark or service mark than business name
Before the Web enabled businesses to join a world wide community with the simple publishing of a Web site, some of these decisions could be made as a business slowly evolved and grew. Now, searches in Google and Yahoo and Microsoft are an early and integral part of picking a name for a business. The Web has created a new set of obstacles for someone choosing a business name.
Old Naming Challenges
Choosing a name used to mean finding something unique in your community. A few simple rules were often helpful to follow. Things like make your business name short, memorable, meaningful, easy to spell, easy to pronounce, and unique. If your name was Tom, and you decided to open a hardware store in a small town, you could call your business “Tom’s Hardware.” If you decide to bring your business online, you might struggle to be found against Tom’s Hardware. This section looks at some of the old difficulties facing people trying to decide upon a business name.
Legal filings
There are some significant benefits to moving from a sole proprietorship or partnership to a corporate structure, or a Limited Liability Company for many businesses. These benefits include the possibility of reduced taxes, and limiting the risk of losing your personal assets if the company finds itself in legal troubles. In the US, incorporation is done on the state level. Some states have online search functions that allow for the reservation of a corporate name, or limited liability company name. What state overview of the incorporation process means is that a business incorporated in Kentucky and another incorporated in Michigan can both legally have the same name, but businesses from the same state can’t. For a company that doesn’t do much business across state lines, that shouldn’t be much of a problem, at least until another company with the same name from outside decides to move into your territory.
Trade names/dba/fictious names
You may recognize the trade names of most businesses that you are familiar with rather than their business name if they’ve incorporated. A name that one uses to conduct business may often not be the official name of the business. For example, when you go shopping in your local mall, take a look around at the signs on shop windows, and see how many of them include an “Inc.” or “Corp” or “Ltd” on their signs. In the case of a sole proprietorship or partnership, that name on the sign may be the business name, but a legally formed business is required to have a legally recognized suffix at the end of their name.
If you want to protect the use of a trade name or fictitious name or “doing business as” (dba) name, you need to go through a separate registration process, which usually involves visiting a county courthouse or county level business registration office, to search and see if others are using the name, and to register it yourself. Most counties don’t allow you to search through these name lists online. This level of county registration is a remnant of a time before publishing a little HTML could stretch your audience base from a single county to a few hundred countries.
Trademarks
There are a number of different stories about the orgins of trademarks, and regardless of which are true, they mostly come down to craftsmen leaving signatures or symbols on their pottery or jewelry or furniture to help people distinquish between their works, and the efforts of others.
A trademark can be registered on a state level, a country level, and an international level. It can be unregistered, and still enforceable against others under common law if the trademark was used in commerce. So, how do you look to see if the business name that you are trying to decide upon might be someone else’s trademark or service mark? The answer is “carefully.”
There are commercial organizations that will perform trademark searches for reasonable rates, who have experience performing those searches. You can do some of this searching yourself at the major search engines, and through the trademark searches at the World Intellectual Property Organization (WIPO) pages. You can try to find a Trademark registration on the USPTO’s TESS service. Some states may even let you try to find a trademark online on their sites. But if a business has been using a trademark in the ordinary course of commerce, they may be entitled to use that name regardless of whether or not they have filed for a trademark.
As a small business owner, it’s often to your benefit to file for a trademark for your business, and for product lines that you might sell as well as applying for a service mark, for services that you offer if you are attempting to brand a service with its own name. This helps give others notice that the name is being used.
Changing a name
There are many reasons why it might be a good idea to change the name of your business. You may change the kinds of goods and services that you offer, and your name may not be a good match for those. You may move from one state to another, and decide to reincorporate. Someone else may lay claim to the use of your name, and force you to take a new one. Name changes don’t always just happen at the start of the life of a business.
New Naming Challenges
If you’ve tried to find a domain name for your business over the past couple of years, you know how difficult that can be. Small businesses cannot afford to spend a million dollars for the .com version of a name. Hours of typing name ideas into a whois search can end in disappointment. Back a few years, Budget Truck Rental was using the domain name yellowtrucks.com. They’ve painted their trucks white since then, and gotten a domain name that more closely matches their business name.
Using hyphens in domain names can make conversations involving those names sound like morse code, filled with dots and dashes and confusion. Domain names with abbreviations in them, when the company involved rarely uses abbreviations while referring to themselves, can make type-in traffic unimaginable. Merging words together into compound words for a domain name can result in potentially embarassing and unanticipated meanings. For example, the computer consultant community site Experts Exchange added a hypen between the “experts” and “exchange” in their domain name after initially starting with expertsexchange.com.
Intentional Misspellings and Spell Correction
In the world of Web 2.0 sites, we’ve seen companies come up with intentional misspellings for their names, from Flickr to Del.icio.us, Blnk to Skrbl. When you choose a misspelling for your name, and people start searching for your business on the web, they may see spelling correction suggestions at the top of search results, and overlook the link to your site (if it is even listed). Perseverance usually pays off after enough links and mentions online for the search engine to recognize that people actually meant to type your business name into a search box.
Trademark, Cybersquatting and Dispute Resolution
I mentioned trademark above in the context of the difficulties of finding whether someone else owns a trademark for a name. What happens when you register a domain name, spend time and money putting a site online, and then get a cease and desist letter from someone demanding that you turn your domain name over to them, and threatening a trademark action against you in court? A number of law schools have joined together to create a resource for people in that predicament at the Chilling Effects Clearinghouse. Their section on Trademarks is recommended reading for all business owners, small and large. It covers such things as the Anticybersquatting Consumer Protection Act and the Uniform Domain Name Dispute Resolution Policy, and has an excellent FAQ on Trademark Infringement.
If you decide to use an intentional misspelling for a business name, and a trademark holder with a similar name who offers similar goods and services finds out, you may find a cease and desist notice making its way towards your mailbox.
Changing a Domain Name
Changing your domain name is probably a big enough topic to deserve its own article, and it’s likely something that we will cover in the future. I linked in the first paragraph of this section to a blog post from Rich Skrenta on the decision to change the domain name of Topix.net to Topix.com. It’s not a major change, but he believes that it is one that will be worth making on the assumption that most people who will use the Topix site prefer a name with a .com top level domain (tld) instead of a .net tld.
When you change the name of your business offline, that means making what could be an incredible amount of changes to things like signs, stationary, and Yellow Page listings, as well as contacting clients and vendors and others. If you change your domain name to match, the task can become much harder and can involve technical obstacles with search engines as well as changes to links that you might have control over from directories and other sources, and changes that you can’t easily make to links from sites outside of your control.
The Web can make choosing and changing a name much harder in an online business community, but the benefits of being found online, available around the clock and around the world, can more than make up for the challenges.
Opinions expressed in the article are those of the guest author and not necessarily Search Engine Land.

Tips on Choosing a Good Domain Name

Tips on Choosing a Good Domain Name

by Christopher Heng, thesitewizard.com
Before you rush out and choose your domain name or name your website, you might want to consider the following points:

Your Domain Name Should Be Your Website Name

Naming your site after your domain may seem obvious to some of you, but you'll be surprised to learn that not every website is named after the domain name even when the webmaster owns that domain name.
Naming a site after its domain name is important, for the simple reason that when people think of your website, they'll think of it by name. If your name is also your URL (ie, web address), they'll automatically know where to go. For example, when people think of thesitewizard.com, they don't have to wonder what web address to type into their browser to get there. The name of the site is also the URL.
Imagine if your business (or website) is called "Acme", but somebody else holds that domain name. Instead, you have some obscure domain name called, say, "mybusiness.com". What happens when your customers, recalling that Acme has a product they want, type "www.acme.com"? They'll end up at your competitor's website. One lost sale.
In the modern world of the Internet, where people automatically turn to the Web for information, it pays to have a domain name that reflects your site or business. There are just fewer things for your customers or visitors to remember. Moreover, you don't seriously think that they'll try to memorise ("memorize" in US English) an unrelated URL just because you want them to, do you? The only people who'll commit it to memory are your competitors who want to compare your prices.
What if you cannot get the domain name of your choice? It really depends on how committed you are to that particular name. If you have an existing brand name that you're known for, you'll probably not want to ditch that name just because you couldn't get the domain name. After all, it took you a lot of time and money to establish that name. If so, you might simply want to try to buy over the domain name from the current owner. Check up the "whois" information for the domain, and contact that person listed to see if they're willing to sell it. You probably should be aware that they are likely to want to charge a higher fee than you'll normally get when buying new domains (assuming they want to sell it in the first place).
On the other hand, if you're just starting out, you might prefer the cheaper alternative of trying to obtain a domain name first, and then naming your website (or business) after the domain that you've acquired. So if you've acquired, say, the domain name "acme.com", then your website and business might be named "Acme" or "acme.com". I know this seems a bit like putting the cart before the horse, but that's the reality if you don't want to lose out on the Internet.

Generic Names Or Brand Name Domains?

I know that a number of people seem to think that your domain name really must be some generic name like "cars.com" if you are selling cars. Witness, for example, how much money those generic names are being sold for. But seriously, if you were looking for a car, you'll probably already have some brands in mind, and you're more like to try out things like generalmotors.com or toyota.com rather than just cars.com.
For that reason, I personally feel that a domain name that matches your brand name is very important. The very name that you use to advertise your product is the name that you will want for your domain, because that is the first thing that people will try in their browser. It is also the easiest thing for them to remember, and whatever that is easily remembered, will be more likely to be tried out than the obscure domain name.

Long or Short Domain Names?

Domain names can be of any length up to 67 characters. You don't have to settle for an obscure domain name like avab.com when what you mean is AcmeVideosAndBooks.com.
Having said that, there appears to be some disagreement about whether a long or short domain name is better.
Some argue that shorter domain names are easier to remember, easier to type and far less susceptible to mistakes: for example, "getit.com" is easier to remember and less prone to typos than "connecttomywebsiteandobtainit.com".
Others argue that a longer domain name is usually easier on the human memory - for example, "gaepw.com" is a sequence of unrelated letters that is difficult to remember and type correctly, whereas if we expand it to its long form, "GetAnEconomicallyPricedWebsite.com", we are more likely to remember the domain name.
Some of these arguments are actually academic. It's increasingly difficult to get short meaningful domain names. I have not checked, but I'm fairly certain that names like "getit.com" and "good.com" have long been sold. If you manage to get a short domain name though, the key is to make sure it's a meaningful combination of characters and not the obscure "gaepw.com" in my contrived example above.
Long domain names that have your site keywords in them also have an advantage in that they fare better in a number of search engines. The latter give preference to keywords that are also found in your domain names. So, for example, if you have a site on free C++ compilers with a domain name like freecpluspluscompilers.com, it might fare better in a search for "free C++ compilers" than the corresponding page on my other website, thefreecountry.com.
Which would I go for? I'd go for the shorter name if I can get a meaningful one, but I'm not averse to longer names. However, I would probably avoid extremely long names verging on 67 characters. Aside from the obvious problem that people might not be able to remember such a long name, it would also be a chore typing it and trying to fit it as a title on your web page.

Hyphenated Names?

Should you get a hyphenated name? There are a few things to consider here:
  • Disadvantages

    1. It's easy to forget the hyphens when typing a name. Many users are used to typing things like freecpluspluscompilers.com but not free-c-plus-plus-compilers.com. They'll probably leave out the hyphens and end up at your competitor's site.
    2. When people recommend your site to their friends verbally, having hyphens in your domain name leads to more potential errors than when the name does not contain hyphens. For example, how do you think your visitors will refer to your site if it is named "acme-books-and-videos.com"? They might say, "I visited Acme Book and Videos dot com yesterday. It was fabulous." Their friends, remembering that comment later, might type into their browsers "acmebooksandvideos.com". Oops.
    3. It's a pain in the neck to type. Enough said.
  • Advantages

    1. Search engines can distinguish your keywords better and thus return your site more prominently in search results for those keywords occurring in your domain name.
    2. The non-hyphenated form may no longer be available. At least this way, you still get the domain name you want.
Personally, I prefer to avoid hyphenated names if I can, but I guess it really depends on your domain name and your situation.

Plurals, "The", and "My" Forms of the Domain Name

Very often, if you can't get the domain name you want, the domain name registrar will suggest alternate forms of the name you typed. For example, if you wanted website.com, and it was taken (of course it is), it might suggest forms like:
thewebsite.com
mywebsite.com
websites.com
and the like, if they were not already taken as well. The question is, should you take them?
My personal opinion is that if you take the "the..." and "my..." forms of the domain name, you must always remember to promote your site with the full form of the name. Otherwise, people are likely to forget to affix the necessary "the" or "my". For that reason, I always advertise my sites as "thesitewizard.com" and "thefreecountry.com" in their full domain name forms, rather than just "Free Country" or "Site Wizard" (without the article).
On the other hand, I would not take the plural form of the domain name (eg, websites.com) if I cannot also get "website.com", since the chance of the visitor failing to type the "s" in the name is very great. Think about the famous name tussle between etoys.com and etoy.com. Many people wanting to go to etoys.com were apparently going to etoy.com instead. If it happened to them, it can happen to you too.

COM, ORG, NET, etc?

One common question I encounter is from people who can't get the ".com" domain of their choice, but find the ".net", ".org" or other country-specific top level domains (TLDs) available (like .de, .nu, .sg, etc). Should they try for these?
The answer is not as straightforward as you might think. If your website or business caters to the local community, such as a pizza delivery business or recruitment agency or the like, then it makes sense to get a country-specific domain. You actually benefit from having such a local domain because the people in your country know that they're dealing with a local entity, which is what they want. After all, if they stay in (say) the United Kingdom, they're not likely to want to try to order pizza from pizzaparlour.com, which suggests an international site. You'll have better luck calling it pizzaparlour.co.uk, ie, with a UK domain.
What if yours is a site or business that can benefit from an international audience? There are actually many schools of thought on this. I'll just mention a few common ones.
The first school of thought goes on the premise that it is better to have a domain name of your choice "myperfectdomain" even if it has a TLD of ".net", ".org" or some other country specific suffix, than to end up choosing an obscure domain name for the simple reason you can't get your first choice. Thus they would settle for domain names like "myperfectdomain.de" or "myperfectdomain.net" or whatever. Against this is the argument that if you get a country specific domain, people might think that your business only caters to that country.
Another school of thought finds that ".net" and ".org" extensions are actually quite acceptable domain names. For some, the ".org" suffix actually describes the non-profit nature of their organisation. So, for example, the famous Apache web server can be found at "apache.org".
Others settle for the ".com" suffix and no less. As grounds for their arguments, they cite the browser algorithms used to locate a website when a user simply types a name like "acme" into the browser. Apparently, the browser searches for a domain name "acme.com" before attempting "acme.net", etc. As such, people who do that will be delivered to your competitor's site if you do not also own the ".com" extension. Indeed, even if people do not rely on their browser to complete their typing, many simply assume a ".com" suffix when they type a domain name, so if your business is "Acme", they'll just assume your domain name is "acme.com" rather than "acme.net" or some other such name.
As you can see, there are actually good grounds for accepting any of the above views. My personal footnote to the above arguments is that if you get a domain name with a suffix other than ".com", make sure that you promote your business or website with the full domain name. For example, if your domain name is "dogandcatfood.net", make sure that when you advertise your site or business, call it "dogandcatfood.net" not "dogandcatfood". Otherwise people will assume a ".com" extension and travel to the wrong place.

In Conclusion...

In case the forest got lost in the trees (or the reverse) in my arguments here, let me reiterate the main point of this article: get that domain name before you start your site or business.
Don't make the mistake of attempting to retrofit your domain name to your business or website. My first site, thefreecountry.com did not originally start out with that name, and I encountered a huge hassle (and lost visitors) as a result of the URL changes. Don't make that mistake too.
If you need help getting that domain name, check out my other article on how to register a domain name. In that article, I also include a list of some registrars that you can use, distinguishing the well-established ones from the less established but cheap ones (so you have a wider choice, depending on what is important to you). The article can be found at http://www.thesitewizard.com/archive/registerdomain.shtml
O be some other name!
What's in a name? That which we call a rose
By any other name would smell as sweet.
- Shakespeare
Copyright 2000-2013 by Christopher Heng. All rights reserved.
Get more free tips and articles like this, on web design, promotion, revenue and scripting, from http://www.thesitewizard.com/

REVIEW

Ummm, Panabee?
Panabee is a simple way to search for domain names, app names, and company names. Or use Panabee to buy the online address associated with your personal name. Like this. Mock us for many reasons -- like our resentment of skinny jeans or our thoughts on Asian FOBs -- but not our name.
Suggestions
In case the perfect name is taken, we present plenty of suggestions inspired by your original idea. These are derived from phonemes, syllables, abbreviations, suffixes, prefixes, and popular domain trends. You'll love these alternatives ... or likely not. But you'll definitely love our sexy dance moves. Panabee's bringing sexy back.
Related Terms
Save a trip to the thesaurus and see words and phrases related to your idea. Sometimes exploring a connected concept can generate fresh thoughts or steer brainstorming down a productive path. For instance, cool picture might seed a few attractive ideas if you're inventing the next Flickr or Instagram.
Domain Name Search
We also simplify domain name checks. Enter a domain like dancepanabee.us and quickly see availability as well as multiple alternatives. Want to search with a different default extension like .io or .us? Simple. Unlike most sites, when you search with a domain like panabee.io, we default all future searches to use .io until you switch to another extension. Hotness.
App Name Availability
There are nearly 2 million apps, making it difficult to find a great name. Use Panabee to search the Apple App Store and Google Play while also checking domain name availability. We could check Microsoft and Blackberry’s stores, but are the extra 28 users worth the hassle? (The answer is, "No. No way." Which is the same answer to give, incidentally, when your girlfriend asks if the nice cashier lady looks skinnier than her. "Only because she looks younger" gets you two nights on the couch and one expensive trip to Saks.)
International Domains
Over 50% of Panabee's users are international. We designed the site to easily support popular international domains like .co.uk, .in, and com.au. Most other sites focus on dot-coms, but we know more and more entrepreneurs only need domains in their home country. Whether you're from China, Canada, India, Australia, or elsewhere, we can help find a domain name in your home country.
Social Media Usernames
Today's entrepreneurs and companies can't afford to consider only domain names and websites. Customers are everywhere, their attention fragmented across multiple services, which means you need a presence in multiple places as well. Panabee checks whether usernames are free for registering on the most popular social media sites: Facebook, Tumblr, Twitter, and Instagram.
No Domain Theft
Relax, we don't steal domain names. Because we're obedient Asians, and Confucius said stealing leads to negative karma. No robbing domains for us. Speaking of Confucius, read our peer-reviewed, empirically-based thesis on how he would earn a living in modern times and why Asian dudes can't grow facial hair.

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Choosing a New Business Name

All across the world, new and recently launched ventures like Funky Kitsch, BluDiffusion, Plinky Plonks, and Red Dinosaur are setting up in business!
Now, to be honest, we invented these names. In fact one of those company names is a company we started ourselves!
I'm sure you have heard these types of names before - none of them tell us what services the company provides or the products that they might sell.
When setting up a business you must think carefully about what you want to call it. You cannot simply call your business any name that appeals to you as there are rules and regulations governing both the form and the use of certain words and phrases in business names.

Registering a Business Name

You may be required to register your chosen business name with an official Government body, although this will depend on whether you operate as a sole trader, partnership or limited company.
Depending on what country you are registering your business in will make a difference as to what hoops you will need to jump through.

What makes a good business name?

Well this is a difficult one as it is subjective, one persons view can be different from another - and as there are around 7 Billion people on the planet - there is going to be a lot of different subjective views to your business name. However in saying that it is likely that your business name is often the first point of contact between you and your customers, so it is crucial to choose the right one for your particular circumstances. Before you decide you need to realise there are certain rules you must adhere to before choosing your business name...
Your business name should:
  • Be unique to your business (at least in the particular area where you do business)
  • Include any relevant legal information (for example, limited companies must include the word 'Limited' at the end of the business name)
Your business names should not:
  • Use illegal or offensive words
  • Use restricted or prohibited words (unless proper authority has been obtained)
Apart from those rules...
A good business name should also:
  • Be easy to remember - easy to promote something that is easy to remember
  • Reflect your business' character - words like 'funky' can describe the ethos of your company
  • Be easy for customers to find in directories and listings
And Business names should not:
  • Be complicated - if you have to explain your business name every time, it's going to be hard work promoting it.
  • Be confusing - if the name implies you sell a different product, you'll confuse your potential customers.
  • Use slang or jargon that will date quickly - words can go out of fashion
  • Be obscure - again what can be headlines news can quickly mean nothing in 5 years time when everyone has forgotten about that once great fad!

Forward Thinking

Okay time to come clean - we came up with the name Funky Kitsch - initially we just wanted to sell funky fabrics on the site - but rather than call it Funky Fabrics or Funky Kitsch Fabrics we decided that if we just called it Funky Kitsch then in the future we could sell anything, which is exactly what we do...funky stuff, funky children's clothing and accessories, Skummis, Noodolls. We even sell collectables such as maileg mice and sonny angels.
We didn't even know about half of these products before we started selling them on the site - and who knows what other things that site will sell in the future...and that is the point...you don't know what your business is going to be selling in 6 months time for sure - you might want to go in a different direction...the world is changing faster with better communication, better transport, the world is a smaller place.
Also before we agreed on the name we made sure the domain name was available in that form, otherwise we wouldn't have chosen that particular business name. In this day and age having a business web presence is critical.
Rentokil for instance used to just deal in pest control - now under the name Initial they also provide wash room services...so they changed their business name which would have clearly cost a lot of money in re-branding...if you choose a name that means nothing in particular you can then stick with it and build up the brand name and it won't cost you an arm and a leg to change the name not to mention all the upheaval.

Does the local Business Names Act apply to you?

A business name is a title used by any sole trader, partnership or company, which differs from his or her own personal name, for the purposes of trading as a business entity. The local Business Names Act will set out the requirements regarding the use of business names, and the disclosure of requirements of certain details of ownership. It's important that you understand that each country has their own act so you need to view the act that applies to your country.
Whichever country you are setting up a new business the purpose of the act is to ensure that businesses cannot use names that mislead the public into believing that a business has a size or status that is not justified. It is also designed to ensure that potential customers and suppliers understand fully which business they are dealing with.
The Act will apply to your business if you are:
  • A sole trader using words in your business name that are not your normal surname (with or without initials).
  • A partnership that does not use all the names of the partners in the business name.
  • A limited company trading under a name which is not its corporate name.
If your business falls into any of the above categories, you are required to comply with the Business Names Act's Disclosure Rules.
The Act will not apply to your business if you are:
  • A sole trader using only your own name.
  • A partnership using only the names of all the partners as a business name

Which words and phrases are restricted by law?

As well as prohibiting offensive words in business names the local Business Names Act will list certain words and phrases that are restricted, either because their use may mislead the public or their use by unauthorised persons or organisations may constitute a criminal offence.
Using restricted words and phrases (also called 'sensitive names') in a business name requires approval regardless of whether you are a sole trader, limited company or partnership. Using restricted words in a name without approval is a criminal offence.
The restrictions to prevent misleading the public include:
  • The word Limited (this must not be used unless the business is properly incorporated and registered)
  • Words suggesting national or international pre-eminence (for example, American, British, European or International)
  • Words that suggest a business has a specific size or status (for example, Society or Group)
  • Words suggesting pre-eminence or authoritative status in an area of business (for example, Institute or Board)
  • Words suggesting a specific objective or function (for example, Registered or Co-operative)
  • Words suggesting certain professions (such as architect, optician, chiropodist, vet or dentist)
  • Words suggesting certain organisations (such as Olympic)
  • Words suggesting a charity (such as Free the Children)
  • Words suggesting a connection with the Government or a local authority (such as Police, Health, Royal, School or Council)
  • Translations of any of the above.
If you want to use any of these restricted names, you will require approval from statutory bodies before you can use the name.

Misleading the public, or 'passing off'

'Passing off' is the term in civil law for misleading the public, even if unintentionally, into believing a business is actually another business. For example, selling motor cars under the name Range Rova could be considered as 'passing off' and you may be sued by an injured party in a civil court.
Remember that registering your company is no guarantee against accusations of passing off.
In addition, if you are a limited company, any injured party may object to your use of a name by registering a complaint and if it is considered that your business name is misleading or unsuitable, you will be directed to abandon the name in favor of another. Likewise, if you discover someone is using a similar business name to your own, you should register your objection as soon as possible.
Similar complaints against sole traders and partnerships are dealt with by the civil courts and you should seek the advice of a solicitor.

What about Internet domain names for businesses?

Allocation of domain names is not currently policed by any Government agency. Each GTLD (Generic Top Level Domain, such as .us, .co.uk, .net, .com and so on) is subject to its own registration authority.
You can find a list of all the specific domain name country extensions here.
Several international and national bodies are responsible for managing records of domain name registrations.
Registration bodies include:
  • VeriSign (www.verisign.com) - operates the .com and .net domains
  • NeuLevel (www.neulevel.biz) - operates the .biz domain
  • Afilias (www.afilias.info) - operates the .info domain.
If you believe your business name has already been registered improperly as a domain name, you can make use of the relevant authority's dispute resolution service. Though the service has no legal powers, they will try to reach an agreement amenable to all parties.

Hints and tips

  • When choosing a name for your business, keep it simple; short names are most easily remembered
  • It is always wise to consult a solicitor before deciding on a business name. To avoid any problems, check your proposed name against business names in local telephone directories, trade journals, directories of professional bodies and the Trade Marks Register
  • If you want to have a business website, you should also register your business name as a domain name. Even if you have no intention of setting up a website, you might want to stop competitors using your business name on the web. Consider all variants (such as .com, .org and .net) when registering your domain name.
  • Create your business logo for free.
If you haven't already thought of a business to run then we have over 6000 business plans listed in our easy to find listings from 24 hour and DVD and Video Hire to Zumba Tuition.
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Saturday, September 14, 2013

How to Become a Trade Agent



by Diana Wicks, Demand Media
A trade agent is an entrepreneur who connects manufacturers of products to distributors or end users. You can start a small business trade agency and even work from home with minimal starting capital requirements. To become a trade agent, you do not need education in the import/export business, but you are required to have favorable skills and competencies to excel in the trade. Importantly, a trade agent must possess negotiation skills, have an eye for trends and must be very organized as the job entails making contacts, getting the product, shipping it and reselling it at a profit.
Customs Clearance & Transport from Durban to desired Delivery point
Step 1
Carry out market research to determine which products are in demand. Take into consideration factors such as: who will your customers be?; will they be hospitals, schools, car show rooms, government, restaurants?; which country will you facilitate importation or exportation to or from?; How will you sell your products-directly to your customers or through representatives and distributors?
Step 2
Establish contacts with the country or city you want to import from or export to. Contact the U.S. embassies abroad and ask them to provide you with a list of importers/exporters in the country they are located in. Visit or contact the Chambers of Commerce in any city you are looking to do business in; ask them to provide you with contacts of manufacturers, exporters, importers and distributors.
Step 3
Evaluate the reputation of the contacts you get by carrying out Internet searches and speaking with other trade agents or distributors who have done business with the import/export company. Check on how long the import/export company has been in operation, where it distributes its product and the financial status of the company in terms of solvency.
Step 4
Write an introduction letter to the import/export companies. Introduce yourself and indicate your interests in facilitating the importation or exportation of their product to distributors or to the end users. Write to distributors as well, informing them of your services and the type of product you can help them import or export. Provide your contacts where the exporter or importer and distributors may reach you. Follow up your introduction by calling, preferably a week after sending the letter.
Step 5
Establish a business agreement with the importer/exporter by negotiating a distributor agreement. Check that the agreement includes information such as the commission payable, mode of payment, length of the contract and, if it is renewable, under what condition you may cancel the contract. Note that you have the responsibility of making contact with distributors or end users to sell the products obtained from the importer/exporter.
Step 6
Establish a structure for transporting the goods from the manufacturer to the distributor. Ask other trade agents or distributors to refer you to a trustworthy freight forwarder or find one through the Yellow Pages. A freight forwarder is helpful in providing you with shipping rates, booking cargo space, arranging for merchandise insurance and making arrangements for storage before you forward the merchandise over to the distributors.
Step 7
Price yourself and the product based on the commission you receive from the import/export company, which is usually 10 percent of the product. Multiply the 10 percent with the import/export price to see how much commission you get from each unit of the product. Add this commission to the original price of the product to get the price you should sell the product to get your commission. Obtain the final price of the product by taking into consideration expenses, such as transportation, insurance and packaging.

Registered Agent: What You Need to Know

Part of series: Business Structure: What you need to know BizFilingsby BizFilings Topic: Business Planning
Registered Agent: What You Need to Know

Series: Business Structure: What you need to know


As you prepare to form your business as a corporation or limited liability company (LLC), you need to select a registered agent. Virtually all states require corporations and LLCs that are formed or foreign qualified (registered to transact business) there to have a registered agent in that state; however, many business owners have no idea what a registered agent is or does.
The registered agent is responsible for receiving important legal and tax documents on behalf of the business. Types of documents sent to the registered agent include Service of Process (sometimes called notice of litigation), which is the document that initiates a lawsuit; important mail sent by the state, such as annual reports or statements; and tax documents sent by the state’s department of taxation.
The registered agent must have a physical address in the state of formation or qualification. Post Office boxes or a private mailbox rented from a company, such as the UPS Store, are not allowed. The registered agent must also be available during normal business hours.
Additionally, the registered agent’s address is a matter of public record, which means that anyone has access to it. In states that do not require a company’s legal address be included in the formation or qualification documents, the registered agent’s address is the only address on file with the state for that company.
Individuals are allowed to act as registered agent for a business. For example, if you have a physical address in the state where you form your corporation or LLC, you could name yourself as the agent. You could not, however, name your new company as its own registered agent. In order for a company to act as a registered agent, it must typically be approved to do so by the state in question.
There are companies, such as BizFilings, that provide registered agent services to other businesses for an annual fee. You may be saying, “I’m a one-person company, why should I use a registered agent provider?” In reality, these companies provide a lot of value to even to the smallest of businesses, such as providing online access to Service of Process and providing tools to assist with the ongoing compliance requirements corporations and LLCs face. 
As you are evaluating who should be the registered agent for your business, below are some items to keep in mind and some situations for which using a registered agent service provider may be the best choice for your business. 
You’re forming your company in a state where you don’t have a physical location.
You are legally required to have a registered agent with a physical address (no P.O. box) in the state of formation. Using a professional registered agent provider helps you satisfy this requirement.
You use a Post Office box as your business address.
You cannot act as the registered agent for your business if you have only a P.O. box or a private mailbox as your only address. 
Your company does business in several states.
When you qualify your company to transact business in states other than your state of formation, you need a registered agent in each of those states. By using a registered agent service provider, one company is handling this important documentation for you in each state and allowing you to concentrate on your business. 
Your address changes frequently.
It is important to keep the registered agent address updated with the state, but changing it requires a formal state filing and may also require that a fee be paid to the state. If you name yourself as agent, you will be responsible for undertaking this process to keep your address current. By using a registered agent service provider, you never have to worry about this.
Your business is home-based.
As previously mentioned, the registered agent address is a matter of public record. That means anyone, including marketers, can access it. It is not uncommon for the registered agent to receive a lot of “junk mail” for the business. Using a registered agent provider can reduce the amount of unsolicited mail your business receives. 
You prefer to keep business activities private.
When a company receives a Service of Process, this document is often delivered by local law enforcement. Most business owners do not want the sheriff to show up in front of customers, employees or neighbors (as in the case of home-based businesses) serve them notice that their company is being sued. Using a professional registered agent ensures you receive any Service of Process discreetly.
You don’t maintain normal business hours.
The registered agent for a business must be available during normal business hours to accept important documents as they are delivered. If you set your own hours, you may wish to consider using a professional provider, so that you never miss these important communications.
You do not have a permanent worksite.
If your business requires you to move around frequently, for example an electrician who is making service calls all day, using a registered agent service provider ensures that important documents will still reach you and your business. 
You want one less thing to worry about.
Running your company is challenging enough without personally handling the necessary minutia. A professional registered agent can often help you by providing online access to your accounts and important documents and assisting with the annual filings states impose on corporations and LLCs. 
Service of Process has been mentioned frequently in this article and for good reason. It is very important that this document be handled properly and promptly. As previously mentioned, a Service of Process initiates a lawsuit against your company. The Service of Process also typically outlines the timeframe in which a response from your company must be received. If a response is not received in time, a default judgment may be issued. When a default judgment is issued, the other party wins, and your company may need to pay the damages outlined.
As you form or foreign qualify your corporation or LLC, give some additional thought to who will be the registered agent for your company. While the registered agent is a legal requirement, the right registered agent can also be an asset to your business.
This article was provided by our partner, BizFilings.com.
BizFilings is committed to helping entrepreneurs and small business owners learn about incorporation and its benefits, as well as helping them easily and affordably undertake this important business step without sacrificing quality.

HOW TO START YOUR OWN INTERNET CAFE


How to Start Your Own Internet Cafe Business
January 28th, 2008 357 Comments
With the growth of the online gaming industry and the influence of the internet in our daily lives, a lot of people are in need to be “connected”. Unfortunately, not everyone here in the Philippines has access to good hardware and a decent connection. But all of that is changing now, especially with the frenetic rise of Internet Cafes in our country.
For the local MMORPG industry, roughly 80% of our business comes from the cafes. So it’s important to have a good relationship with our “partners”.
Meanwhile, I’m certain that a lot of individuals or friends (mostly thru gaming) are considering opening up their own shop. Mind you, it’s no joke. A business is always serious.
I thought I’d share with you some practical tips on how to start (and maintain) your own Internet Cafe.
One more click, faps…
HOW TO START YOUR OWN INTERNET CAFE BUSINESS
  • Budget – An internet cafe with around 20 seats will push you back P700 to P1M in capital. Of course, the more seats, the more money you will need. If you don’t have the cash, you can find partners to pool in money. I believe that the optimum number of partners for this project will be 4. Expect an ROI (Return of Investment) of 1 to 2 years. Also, I would suggest against forming a business with your close friends. The chances of ruining your friendship is high. Just note that.
  • Location – Aside from the moolah, location is one of the KEY FACTORS FOR SUCCESS. Keywords to look for when scouting; near a school, heavy foot traffic, not too many competitors in the area. You should try to look for a place that’s easy to spot (from the customers perspective, ok?). A good monthly rental is P15,000 to P25,000 a month, more than that and you’ll have to work double time for the return.
  • Hardware – Try to budget P25,000 to P35,000 per PC. Remember, I always tell potential entrepreneurs to “invest for the future”. Do not scrimp out on memory, processing power or video cards. The logic here is that a) okay, so you save a few bucks but your computers will be trash in less than a year and b) you should have a faster PC than your competitors – it’s your “edge”. And hey, if you can get LCD monitors for all computers, do so! The cost savings on electricity will more than pay for itself.
  • Connection – again, a faster and decent connection in your cafe will be a key selling point. Don’t worry too much about marketing, if you have the best computers and the fastest connection in your area, sheer WORD-OF-MOUTH will drive customers through YOUR door. It’s a fact. So try to get the best kbps package that you can afford. Also, if you have the money, you can always get another as back-up in case your primary connection goes down.
  • Set-Up – if you’re a techie, you can probably do the wiring and the setup of the routers and switches yourself. But if you can’t, there are professionals who can do it for you. If you can’t find one in your province or city, grab a copy of Buy&Sell or discreetly ask the tech guy at the PC shop where you bought your hardware if he can do a little moonlighting for your new shop.
  • Software – if you plan to start small, you don’t have to pay to install MMORPGs. The installers are free. Just tell me if you need it delivered to your new shop and I’ll get the Sales boys on it right away. For office applications, openoffice is free and mimics Micro$oft. For a good, free billing solution, try handycafe
  • Other services – Food is always a good extra source of income. Check out my post on Gamer Food 101 and you’ll see what gamers need and want. Printing, Fax and Xerox (photocopying) are other good sources of supplementary revenue.
  • Staff – If you’ve formed a partnership, take turns with your partners manning the shop. Just make a schedule. If you’re going to hire someone, hire someone you can trust. You have to set “check and balance” systems (such as an advance billing system) to avoid fraud and theft. It may be tempting to hire an avid gamer to staff your shop but if he has friends and he let’s them play for free… you know what that will bring you. Speaking of free play, tell your all your friends that you can’t allow them to play for free. It IS a business after all. But tell them you can give them a discount. If they really are your friends, they’ll understand.
So there you have it…
Best of luck in your business. Questions? Type ‘em below.