Do .tel

Starting on 3 December, trade marks owners will get first look-in on obtaining the new .tel top level domains that publish contact data directly in the DNS, not on html based websites. So brand owners should probably ensure that they are first in to register each corresponding .tel address. Internet Corporation for Assigned Names and Numbers (ICANN) has sanctioned a new top level domain name called .tel that has been set aside purely to integrate contact information directly into the heart of the internet - the world’s first global e-directory. 

A .tel domain name will enable the creation of an interactive and live communications hub to take control over how and where others communicate with peeps and businesses. .tel users will be able to publish all contact details including phone, mobile, fax, email addresses, as well as store web links, geo-location data and keywords describing a business.

.tel has already been termed the “the Google of online address books” and over 100 ICANN-accredited registrars have signed on to sell the .tel domain names.

How .tel works

The technology publishes contact data: phone numbers, SIP addresses and so on directly in the DNS, rather than on html-based websites. This uses the Internet addressing system in a quite original way. According to the communications director at Telnic, Justin Hayward: “what we do is a fundamentally different use of DNS”. To date new top level domains such as .com or .edu have been mapped to IP addresses for web sites or other servers. However, .tel is not associated with a specific website which contains all the contact information that businesses wish to publish. All contact information can therefore be updated without having to maintain a website since the .tel information is not tied to the Web.

The value of a .tel domain lies with the ability to host contact information directly in a DNS that is universally accessible. This can be contrasted to the typical use of the DNS for other top level domains (TLDs), in which the DNS only provides mapping between domain names and IP addresses.

For those interested in testing out the functionality of the .tel domain visit the Telnic website HERE.

Why register a .tel domain?

There are a myriad of reasons and benefits to register a .tel domain name. In short, it offers simple access to contact information that may be easily maintained. 

.tel will be usable by a wide variety of devices and applications. In addition to resources, code, toolkits and .tel management console, Telnic have also released beta versions of applications on the site that can be used on Blackberry® hand-held devices and iphones. These applications integrate with the address book and allow them to dynamically update information stored in a .tel domain.

Now look HERE for a full brief on the advantages of registering for .tel domain.

Relevance for Trade Mark Owners

Since a .tel domain is not a website, customers viewing contact information may not be sure that they are viewing the correct information. As such, trade marks owners will want to ensure that they are first in to register each corresponding .tel address.

A regulatory framework has been put in place to enable trade marks owners to protect their valuable names. However, a registered trade mark is required to register a .tel domain during the (so called) ‘sunrise’ period which commences on 3 December 2008 and goes for 3 months. The ‘sunrise’ period allows trade mark owners to have the first right to register a .tel domain name to ensure that their names are protected before the public free for all which commences on 3 February 2009.

Trade marks must have been applied for prior to 30 May 2008 and registered prior to the date the ‘sunrise’ application is submitted. Applications may be based on both word and figurative (device) marks that consist exclusively or predominantly of words. Sunrise registrations will carry a three-year term.

Disputes regarding .tel domain names will be subject to the Uniform Domain Name Dispute Resolution Policy (UDRP).

For a comprehensive guide to how the .tel sunrise period will operate including a detailed discussion of ‘eligible trade marks’, click HERE.

Nicholas Weston moves to browser-based trade mark management

Nicholas Weston, the law firm behind the Australian Trade Marks Law Blog has moved to so-called 'cloud computing' technology architecture with the adoption of the WebTMS browser-based trade mark management system. According to Nicholas Weston, this infrastructure purchase will significantly strengthen this practice area and prove a real asset to the firm.

WebTMS enables Nicholas Weston to offer clients browser-based trade marks portfolio management applications that utilise the same infrastructure powering major US and UK law firms, and US Fortune 500 corporate IP departments. A list of users can be found HERE.

Key Features of WebTMS

The following key features of WebTMS are set out in detail below and can be summarised as follows:

  • the most secure, robust and advanced trade mark management and docketing system available and has been used by the world’s leading firms for over 5 years;
  • real time access for Clients to the cases Nicholas Weston is handling for them with 24/7 worldwide secure access to a Client's trade mark portfolio details from any computer with an internet connection;
  • foreign Agents can update the cases they are handing for Nicholas Weston;
  • a repository for all trade mark and intellectual property data, with images and supporting documents;
  • database links to the trade marks offices of 12 jurisdictions, for click throughs, data audits and automatic data loading;
  • built in trade mark searching for the 12 online trade marks offices, with search results management;
  • workflow wizards to maximize efficiency;
  • designed by trade mark attorneys for trade mark attorneys, and supported by extensive user input.

Benefits of the WebTMS system

For Nicholas Weston

The central trade mark repository created by the WebTMS system gives Nicholas Weston unrivalled management control over a Client's trade marks portfolio, and at the same time lets the firm share the information and collaborate with professional colleagues worldwide. If the firm needs to instruct outside counsel for a new project, or change a foreign Agent, the new representative can be given immediate and effortless access to the Client's trade marks portfolio.

Every trade mark record, and all its supporting documentation, is available for review and updating no matter where the practitioner is located: in the office, at home, on the road or at selected associate firms around the world. All the functionality of WebTMS is available: the firm can run a docket and update it, check the status of applications and renewals, and print and email reports -- all from a web-browser.

For Clients of Nicholas Weston

The Client Access Module enables Nicholas Weston to give its Clients view only secure access to summary details of trade mark applications and registrations. A Client can check the status of applications and run its own listings and reports. The firm can include guidelines and other advice on display screens.

For Barristers engaged by Nicholas Weston

The firm can provide access to selected modules of the trade mark database and supporting documents to barristers on a temporary, ad hoc basis, just for the period of their involvement. They can be given rights to update Infringement and other records as appropriate. This can cut down the workload of the firm's staff, as Counsel can do their own research on Client records. Fees attendant to double-handling are avoided.

For Nicholas Weston's Foreign Agents

Agents can use the Agent Update Module to update records of the applications and registrations for which they are responsible. All changes they make to the firm's records are logged in an audit trail for security. The burden on the firm's staff may be cut dramatically. For example, a multi-country trade mark filing program can be prepared in minutes using the New Filing Wizard, which automatically creates the basic trade mark records. The Agents then update the data in these records as the filing, prosecution and registration data becomes available. They can also scan and add the supporting documents to the system. Again, fees attendant to double-handling are avoided.

Direct Trade Marks Office links for data downloads and auditing

WebTMS links directly to the official online trade mark databases in these jurisdictions: Australia, CTM, Ireland, Switzerland, Benelux, Germany, Philippines, United Kingdom, Canada, Hong Kong, Singapore, United States, WIPO (Madrid IR)

When WebTMS displays one of the firm's trade marks records in these jurisdictions, the operator can 'click through' to the corresponding Trade Marks Office record, to compare the data in each record or to check the most up to date official status. Nicholas Weston can also run an individual audit on the record, and transfer missing data from the Trade Marks Office records to the firm's own record with one click. This makes it easy to validate and update the data in the firm's database.

The Data Import Wizard can load complete trade mark records from the 12 Trade Marks Office databases automatically into WebTMS, without re-keying any of the data. If Nicholas Weston takes on responsibility for the marks of a new company, the firm can load their records in these jurisdictions within the hour.

WebTMS provides complete docketing for statutory deadlines and personal reminders and email reminders of critical dates.

Cost savings to pass on to Clients

The so called 'cloud computing' ASP model requires no investment in hardware, as it is hosted on a secure third party file server. The developer of WebTMS takes care of upgrades and bug fixes on its own servers at its own cost. The cost savings are reflected in the Nicholas Weston's lower overheads and passed on in its fee structure. In this way it is possible to have the infrastructure of the major international firms without their price points. Oh, and personal service. Really.

About Nicholas Weston

  • Founded in 2005, Nicholas Weston is an unstuffy Australian law firm. Nicholas Weston was created and thrives as a leading-edge legal services business, focusing on brands, creative companies and sectors where technology is transforming business. Our clients are sophisticated buyers of legal services, principally entrepreneurial companies, and intellectual property owners, whom we advise in matters ranging from contracts to litigation.
  • Nicholas Weston claims practical implementation of thought leadership. Examples include a 'cloud computing' technology architecture with the adoption of the WebTMS browser-based trade mark management system and Web 2.0 marketing; Nicholas Weston is the law firm behind the Australian Trade Marks Law Blog.
  • Nicholas Weston’s Trade Marks practice is rated by the Managing IP World Intellectual Property Survey 2008 as one of the leading firms for trade marks prosecution in Australia.
  • Each Nicholas Weston professional is a dual qualified lawyer and registered trade marks attorney.
  • The firm is located on Collins Street, Melbourne in the historic Assembly Hall.
  • More information on Nicholas Weston's services can be found at www.nicholasweston.com