Trademarks and domain names
Trademarks, websites and domain names.
Entrepreneurs know the importance of securing a domain name or web site address to match the name of their new business.
Some entrepreneurs also mistakenly assume that once they acquire the domain name and start using it in connection with their business, a trademark for the domain name is sure to follow.
This is not the case.
Now, it is possible to have a trademark that matches your domain name. Amazon.com is a good example of it.
And it is also possible that your use of a domain name in connection with the sale of goods or services may help you establish your eligibility for a trademark. The fact that you own or have registered a domain name, however, is not how the Patent and Trademark Office determines if your domain name is eligible for trademark protection under federal law.
So, before investing in a company name, you should determine if the desired domain name is available and also determine if the name is available and eligible for trademark protection.
What if you don’t care about a trademark and just want to use the domain name? Well, if another company has a trademark that is the same or similar to your domain name, then you may be facing a trademark infringement action, depending on whether your use of the domain causes a likelihood of confusion. The fact that you registered a domain name is not a strong defense against a claim of trademark infringement by the owner of a federally registered trademark.
For the do-it-yourself crowd, you can apply for a trademark by going to the U.S. Patent and Trademark Office (USPTO) website, http://www.uspto.gov
If you would rather have an attorney guide you through the process, we offer a full range of trademark services, including trademark searches, eligibility analysis, trademark applications and trademark litigation.
If you would like to consult with us on a trademark matter, please contact us directly by email or telephone.
If you would just like to leave a general comment, please feel free to post your comment here.
