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Written by : Jorge Elbogen
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good morning Angela lying Lots trademarking business law attorney here going live like I do every weekday to answer people's trademark law questions so if you hear say hi send me a comment or a love heart or a thumbs up let me know you're here today I'm answering a question somebody asked me a little while ago they said Angela can I register a trademark for my domain name and I thought about that and I gave a very lawyer-like answer and the answer is it depends it depends on what your domain name is why is that well recall a couple of weeks ago I talked about how there are certain there are certain phrases and words that do not make good trademarks and among those are descriptive terms and a lot of times people will try to come up with a domain name that is good for some purposes like SEO purposes right for search engine optimization let's say that you sell cars and your domain is by cars.com right so you have a website and on that website people can buy cars or get information about buying cars well it so happens that by cars.com in that context is merely descriptive of the goods and services that you're offering which is basically an opportunity to buy cars and a website where people can go to buy cars so in that context your website domain name by cars.com is going to be considered merely descriptive for that website where people can go and buy cars and it is likely going to get a merely descriptive refusal unless the trademark examiner asleep that day I have in the past seen some merely descriptive trademarks get registered but again I think the trademark examiner was sleeping that day so in that case you would not be able to get a trademark registration for that domain now let's say that Oh what else what's a good example let's say that you have a made-up trademark so you have the same website where people can buy cars but this time you're your domain name is giggles.com where people can go and have fun buying a car right and you want to register giggles.com for these goods a website where people can where consumers can get information about car prices online giggles.com and you want to register that for those goods and services that would be perfectly fine because giggles.com has absolutely nothing to do with anything generic anything descriptive about your website which is where people go and have fun buying cars maybe they have fun but giggles is merely suggestive of something fun so that's the analysis the calculus that you have to do when you're trying to figure out if you can or cannot register a trademark for your domain so if you have any more questions feel free to message this page or leave me a comment and I will be back tomorrow with more scintillating trademark information so come right back like my trademark trademark doctor dotnet page here on face book and you will be notified every single time I go live so you won't miss a thing thanks and have a great day
Thanks for your comment Nakesha Majure, have a nice day.
- Jorge Elbogen, 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 Kera your participation is very much appreciated
- Jorge Elbogen
About the author
I've studied complex systems at Bryn Athyn College in Bryn Athyn and I am an expert in lti system theory. I usually feel restless. My previous job was disk jockey I held this position for 4 years, I love talking about polo and zebra watching. Huge fan of Lucy Liu I practice horse racing and collect phone cards.
Try Not to laugh !
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