Is My Domain Name Trademark
There are a number of important situations where acquiring a federal trademark over your domain name is recommended. Domain names as trademarks Domain names can be registered as trademarks upon fulfilling all the conditions that are required to be registered as a trademark.
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The right to use a domain name is regulated by domain name registrars.
Is my domain name trademark. Or try our Domain Broker Service where we can negotiate acquiring the domain from its current owner. You can obtain a domain name by purchasing it from the registrar for your particular domain name. Distinctive business and domain names usually qualify as trademarks.
The first commercial user of a trademark owns it in case of a legal conflict with a later user. If your brand name is not generic or purely descriptive and if you have a domain name that is your brand name then yes your domain name is a trademark. This can be valuable for online entities because while domain names are protected against theft and cybersquatting a domain name that is a registered trademark would also receive powerful federal trademark protection.
To check if a domain name is available just type it in GoDaddys search bar and well tell you immediately if someone else already owns it. Now for the long answer. Registration of a domain name however does not mean that youll be able to claim trademark rights of the name.
Before registering your domain name you need to do a search to verify that you will not be infringing on someone elses trademark. The basis of a federal trademark application requires that the applicant has already used the trademark in commerce or has a bona fide intent-to-use it. Avoiding domain name and trademark infringement is one of the main purposes of trademark lawWhile other forms of intellectual property reward an owner by way of property rights and incentivize a person to register a patent trademark law simply wants to keep a functioning market and avoid confusion or deception.
Can a domain name trademark name be acquired for use in the future. Domain name disputes can arise so having protection under USPTO law is beneficial. Domain names can represent your trademark or they can represent an address with no trademark characteristics it depends on your use Should You File for Your Domain Name Trademark Registration.
The more important question is when you should seek trademark protection in the form of a trademark registration for your domain name. One trademark legally conflicts with another when the use of both is likely to confuse customers about the products or services or their origin. So as you start to work on your initial ideas you should think about developing and secure all these aspects of your brand.
The short answer is yes. Generally a domain name registered as a trademark includes only the middle part of the domain name. Under the laws that protect trademarks possessing a domain name that could cause this kind of confusion among consumers is a violation of the trademark.
Consumers may be misled by a domain name for a product or service that is spelled or seen as similar to an existing trademark that they are familiar with. While unique domain names that align with your brand can be protected some domain names are not eligible for trademark protection. A common misconception is that a trade mark is the same thing as a business name company name or domain name.
It simply identifies your website and will not prevent others from using the name. Why are Trademark Domain Names Important. Patent and Trademark Office PTO that you intend to use it in commerce.
Registering a domain with a service like GoDaddy or Bluehost does not give you trademark rights. Your domain name the word or phrase that identifies your Web site such as AllBusiness may qualify as a legal trademark if you use it in commerce or if you notify the US. Your domain name can be a trademark.
And you would face an uphill battle to register a domain name that you use solely as an address and not a signifier of services. The PTO is particular about what can be registered as a domain name. A domain name can be registrable as a trademark if it functions to identify the source of particular goods or services.
However only some types of commercial domain names qualify for trademark protection. If you trademark your domain name your domain will have protection under the law. If your domain name uses broad and common terms that are associated with general topics or keywords in your industry they are not distinctive enough to earn trademark protection.
Not all domain names can be registered as trademarks. Domain Name and Trademark Infringement. If its taken you can search for your domain name using our WHOIS Lookup.
So we established that your domain name can be but is not necessarily a trademark.
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