Are domain names trademarks [With Tutorial]

Last updated : Aug 18, 2022

Is a domain name the same as a trademark?

A mark comprised of a domain name may be registered as a trademark or service mark in the U.S. Patent and Trademark Office. However, just like any other mark, the domain name is registrable only if it functions to identify the particular source of goods or services offered.

Do domain names need to be trademarked?

Domain name trademarks protect against infringements on your domain name. Trademarks are essential for online businesses. They should be used for branded domain names.

Do you copyright or trademark a domain name?

Copyright law does not protect domain names. Even though copyright doesn't protect domain names, that doesn't mean domain names are entirely unprotected. Trademark law protects web addresses.

How are domain names and trademarks related?

Domain name Domain names are used to locate and bring users to a specific website or place on the internet. Trade mark A trade mark is used to identify and distinguish your goods or services in the marketplace.

Can you get sued for domain name?

Using a domain name very similar to an existing one may result in trademark infringement -- the violation of someone's trademark rights. If you infringe someone's trademark, a court might order you to stop using the name and pay money damages to the other domain name owner.

Can a domain name violate a trademark?

Domain name trademark infringement occurs when a person or business uses a domain name that is protected by a trademark, thereby infringing upon another's trademark protection.

What happens if someone trademarks my domain name?

If you trademark your domain name, you have legal protection if someone uses your trademarked name. You can sue the other company and recover financial losses you might have incurred.

Who owns the domain name?

Who is the domain owner? Domain names are owned by whoever first registered the web address with an accredited registrar, such as Domain.com. In order for that person to maintain ownership, they have to pay registration fees and ensure that all of their contact details are up to date.

How much does it cost to trademark a domain name?

The typical filing fee for a domain name mark is $325 per class (2018 figure) if you file electronically using the PTO's Trademark Electronic Application System (TEAS ). It can cost more, however, if you will be offering a number of different services on your website.

Does someone own this domain?

Go to the website of the domain registrar (simply Google the name if it's not included in the WHOIS record), and look for their contact information. Give them a call or write them an email letting them know what domain you're interested in buying, and ask them to pass along your information to the owner.

What is the difference between a domain name and a website?

A domain is the name of a website, a URL is how to find a website, and a website is what people see and interact with when they get there. In other words, when you buy a domain, you have purchased the name for your site, but you still need to build the website itself.

How do I permanently buy a domain name?

Anyone can buy a domain name. The most straightforward way to do so is to visit a domain name registrar, such as A2, GoDaddy, Google Domains, or Namecheap, key in the domain you want to buy, and pay a fee.

What is the difference between copyright and trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

What does owning a domain mean?

A domain name is your website's location on the internet. It translates the digits that make up your IP address into something catchy that people can remember. Domain names are bought through Domain Name Registrars, companies that manage the reservation of domain names and point them to your website.

Does Godaddy own my domain name?

If you visit https://whois.domaintools.com/ or https://who.godaddy.com/ and type in the domain name, you can see who owns a domain name. While difficult to read because it's all one big block of text, you can see: The registrant is Michael Cyger (me) The email address and phone number are listed.

Can you have a website without a domain name?

A domain name isn't strictly necessary in order to create a presence on the web. However, having your own domain name gives you control over your online identity and the content you post – and a domain of your own is a must-have for building confidence in your brand or business.

Is your domain name your website name?

The domain is your address online, and the name that customers type in when they want to find your business. It's the 'Domain.com' in the URL in the address bar at the top of this page.

What is a domain name examples?

For instance, the domain name example.com might translate to the physical address 198.102. 434.8. Other examples of domain names are google.com and wikipedia.org. Using a domain name to identify a location on the Internet rather than the numeric IP address makes it much easier to remember and type web addresses.

How long can you hold a domain name?

When you register a domain name, you're able to use it for the period of time you registered it for, which is typically between one to ten years.

Why do I have to pay yearly for a domain name?

The fee you pay the domain name registrar is an annual fee. In other words, you "own" the domain only as long as you keep paying the yearly fee for it. In this sense, the "ownership" of the name is not like the ownership of a physical object (eg, a car) that you buy, where once you pay for it you own it permanently.

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Write a comment

all right Baron Branson asked me on Quora am I allowed to use a trademark word within my domain address such as Shopify I'm Andre mink of the father of trademark factory and here's my answer to Berens question I hate saying this but it really depends on a couple of things one it depends on what the word is how common it is outside of the brand that it's trademarked for like Apple right if you're selling apples nothing prevents you from using the word Apple in the domain name Apple and the other thing to look at is what your activity is are you trying to create the perception that you're somehow associated with licensed by or endorsed by that other brand and if you do such a thing but then the brand owner would probably have a pretty good case against you not being allowed to put their name and your domain name but if what you're doing has nothing to do with what they do then it should be okay right again two things how uncommon their word is and two are you trying to convince the world that you're somehow associated with them to the specific question of Shopify if Shopify is the word then it could be an issue because it's an invented word that they came up with a they trademarked and yeah so if they feel that whatever you're doing your domain name or your activity behind the domain name somehow threatens the integrity of their brand they'll probably go after you and they're probably gonna be able to win but the rule of thumb here is if you're not sure don't do that because it's a lot easier to build a brand from scratch that doesn't rely on you getting away with what might be perceived as an infringement versus you're just starting out with a name that's new that's unique that you can build some massive value on and claim it as your own this is what Shopify did they didn't call themselves my Amazon if I or you know Walmart fi or something else they came up with our own name and they made that into a name that everyone finds very valuable now Baron I hope this answers your question and if you absolutely hated this video but you watched it all the way up to here subscribe now because you post videos just like this every day so whatever held you watching this up to here there'll be a lot more to come so subscribe now get notified whenever the next one comes live until then I'll see you in the next video

Thanks for your comment Jermaine Carrousal, have a nice day.
- Shea Hokenson, Staff Member

I am Andre Minka the founder and CEO of trademark Factory and in this video I'm gonna show you how trademarks compare to domain names let's start with what's similar both trademarks and domain names help people find you and your business both trademarks and domain names operate on a first-come first-served basis meaning that you can easily check if a certain name is available but also just because it's available today doesn't mean that it won't be taken by someone else tomorrow at which point you're out of luck just because you were the first who thought it might be a good idea to own a name means nothing unless you actually act on it also you can build value around both trademarks and domain names and you can license or even sell them there are also a few differences the trademark you process is much longer and much more complex compared to getting a domain name it takes a few minutes to register a new domain name it takes more than a year to register a trademark anyone can register a domain name you need experience and specialized knowledge to successfully register a trademark you need to renew domain names every year you need to rename trademarks every 10 years in most countries and every 50 years in Canada with domain names if the exact domain name is available you can have it with trademarks even if the exact name is not trademarked you won't be able to get it if there is another previously applied for or registered confusingly similar trademark and of course trademarks are significantly more expensive to get than domain names so there you have it there's a lot of similarities and a lot of differences but what's important is that most businesses need to have both they need to have their brand reflected in domain names and they need to have their brands protected as trademarks this is just one of many short videos where I provide specific no BS answers to your questions about trademarks so subscribe now and be notified whenever the next video goes live and if you have a brand that you want to protect go to trademark factory com fill out the form tell us what the brand is and we'll help you protect it with a free comprehensive trademark search for a single all-inclusive flat fee with a hundred percent money-back guarantee I'll see you in the next video you [Applause]

Thanks Irving your participation is very much appreciated
- Shea Hokenson

About the author

Shea Hokenson

I've studied registrar at Maryville College in Maryville and I am an expert in conspiracy theory. I usually feel okay. My previous job was cameraman I held this position for 9 years, I love talking about model engineering and snowshoeing. Huge fan of Danica Patrick I practice american football and collect coins.