Register Trademark – Domain Names

If you are pursuing an online business, you need to protect the site. A smart step to take is to register a trademark to protect your domain names.

Trademark Domain Names

A trademark is simply something used in commerce to identify a product, group of products or brand of one business from those of another. A classic example of this is the trademark for “Coke” compared to the “Pepsi” mark. When you hear or read either of these words, you know what they stand for. This is exactly what a trademark is meant to convey in the simplest of terms.

When it comes to a website, one runs the risk of having people encroach on your “virtual turf”. This often occurs when a competitor registers a domain that is strikingly similar to your own, but slightly different. The use of such a domain is undoubtedly confusing to consumers. The question, of course, is how do you protect domain name? Taking steps to register a trademark may be the smartest move you make.

If you are able to trademark your domain names, you are in the catbirds seat when it comes to pursuing competitors that are using similar domains. Depending on the nature of the mark, you are presumed to be the rightful owner and significant damages can be rendered in your favor if they are found to infringe upon your mark. At a minimum, you can also bring an action under the ICANN arbitration proceedings to have the competing domains transferred to you or terminated.

You might be surprised to learn that the registration of a trademark for domain names is not the easiest of things. The process is controlled by the Patent and Trademark Office, better known as the PTO. The PTO is not comfortable with the idea of registering domain names as trademarks. As such, the office will not let you do so if the domain is not incorporated into the site. If it merely points a visitor to a location, it is not enough.

Obviously, one has to give some thought and effort to overcoming this provision. The legal line separating domain names that can be trademarked from those that cannot is a moving target. If you would like to register a trademark for domain names, drop me a line to find out your options. All initial consultations are without obligation.

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