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Written by : Shea Hokenson
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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
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.
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