can i use trademark in domain name [New Research]

Last updated : Aug 1, 2022

Do I need a trademark if I own the domain?

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

What happens if someone trademark 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.

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.

How much does it cost to trademark a domain?

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.

How do I protect my domain name?

Ask your registrar to put a transfer lock on your domain name. You can request that your registrar put a transfer lock on your domain name. Putting this lock on your domain name is not a fail-safe way to guard against unauthorized transfer or hijacking of your domain name, but it could be another layer of security.

Is domain name same as 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.

How long does trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Do hackers steal domains?

By using a variety of unethical or illegal tactics, a hacker can transfer the ownership of your domain from your name to someone else's, and effectively gain control of your domain. That's called domain hijacking and it's something you should be aware of and take preventive measures against.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can I change my trademark name?

Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is being examined or after your trademark has registered.

Can you lose a trademark?

You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.

Who legally owns a website?

Because copyright law states that the creator of the website's design and content automatically becomes the legal owner of said assets. What you own outright is the text you give them (if any) and photos you took.

Should your domain name match your company name?

Your business name and domain do not need to match. The primary difference between business and domain names is that a business name is used for identification, branding and legal purposes, whereas a domain name is a digital website address.

Can someone take my domain name?

You can get hacked Your domain name is registered with a registrar company, and your account on their website controls your ownership. Hackers steal domain names by obtaining access to this account, or access the e-mail address that “reset password” forms on their websites send emails to.

What are some 5 examples of trademarks?

• Under Armour®
• Twitter®
• It's finger lickin' good! ®
• Just do it®
• America runs on Dunkin'®

Who needs a trademark?

Business owners that have a distinctive business name, motto, logo, slogan, symbol to represent their product, service or business may want to consider registering it as a trademark from the U.S. Patent and Trademark Office, or USPTO, a federal agency, and/or a similar state agency.

What is a good trademark?

A trademark must be a mark which includes a device, heading, brand, label, ticket, signature, word, letter, name, numeral, packaging or combination of colors or any combination of the above attributes. It should be easy to speak and spell. A good trademark is such that the public can easily spell and speak.

Can I add logo to trademark?

Once a trademark application has been filed at the trademark registry, the applicant cannot request for changing the logo in a trademark application. A change in the graphical representation of the trademark may be possible if the trademark registry directs the applicant for the same.

Can I add a logo to my trademark later?

Answer: No. Once a trademark application is filed, you may no longer add additional classes to it. If you need to protect your trademarks for new product or service offerings, you must file a another, separate application.

How much does it cost to change a trademark?

A trademark can be updated by submitting an online application with the appropriate form number (mentioned above), paying the requisite prescribed fee (usually ranges between ₹500- ₹2500 per mark) and submitting the relevant supporting documents.

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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 Tyrone Noggle, have a nice day.
- Jacquie Jozsa, Staff Member

hello and welcome today we're going to be talking about if you own your own domain do you also have any trademark rights now the reason why this is important is because intellectual property is confusing or it can be confusing and so i really wanted to to nail or drill down on this to help you understand that there are different components and there are different ways of looking at things if you are new here my name is taylor darcy from think legal where i help you create the business of your dreams so welcome i'm happy to have you here also we go live every monday through friday at 11 so please join us except for holidays that's the only time we don't we don't go live and i'm excited to get talking about this all right so first of all a domain name is not intellectual property sir per se it a domain name is a it's a form that you you do own it but it doesn't intellectual property or traditional intellectual property is a copyright a patent a trademark that type of thing you want to keep that in mind is that a domain name is something that's relatively new compared to traditional uh intellectual property is it possible that there may be a federal someday registration that involves this the answer is yes that's possible is there anything out there yet no it's not anything that is permanent or federally registration that you know and it is evidenced by you're not paying the government for a domain name you're not paying the government to register a domain name you're paying a private company that owns that name and then you purchase that name and a domain name just so you understand context-wise domain name is words that point to an ip address there's something behind it that's not that's not part of it so those those words are just easy you can actually get to your domain from a different from typing by typing in digits and that's the foundation of the domain name at the the basic level so it's not intellectual property in the traditional sense and it does not protect your brand if you get a domain name there is no federal protection for it there's nothing you can do if someone takes your name business-wise federally speaking so that's the that's why there's this important distinction between those uh differences between an intellectual property that is where you can sue such as copyrights trademarks uh patents versus a domain name can't really sue over per per se uh or at the at based on intellectual property on to the next thing a trademark is federally protected in that instance you can sue if someone infringes on your trademark so think nike reebok quiznos any any type of place that has their name trademarked if you try to use it you can be sued for it so you want to keep that in mind that a trademark provides federal protection a domain name provides no protection whatsoever now that being said it doesn't provide the same type of protection if you register a trade or a domain name in the name of a business that's already existing and you don't it can be construed as cyber squadding and that is illegal so it you can't do that so if you the the proper order of operations is you want to establish your business get your trademark get your domain name all in that particular order or at least together now a trademark can take six months or longer to get because the federal government takes three months before they even assign it to their one of their trademark attorneys if you're looking at getting a trademark today is better than tomorrow because it's going to take a little while now i had a trademark that it took almost a year because of the back and forth that we had to do because what we provided wasn't good enough at the beginning and so we provided more and it worked we were able to get that trademark and then i've had trademarks get denied up to unfortunately 20 of all trademarks get denied and it's there's nothing you can do about it that's because they're too similar or there's a myriad of other reasons and so the sooner that you try it the less likely that somebody else will take it and the better off you'll be that's that's why you're you know today is better than tomorrow to do a trademark um and one of the things that i want to point out to people is that a the combination of registering your business name getting your trademark and doing your domain name is the best combination for your protection of your brand your business and your name because that gives you protection on every most every front that is exploitable if you will so you want to keep these types of things in mind as you are making these decisions with your business is that it's not as simple as saying oh i own my own domain name i don't need to register a trademark the the short answer is you do and you do not own it unless you do your own trademark so keep that type of thing in mind as you're running your business as you're making these types of decisions is that it's always better to prevent and save yourself the money than it is to have to litigate it later for something that you did if someone registers your trademark in in before you do it can be an issue because it just gets more complicated that way because it's first to register not first in use most of the time unless they did it with the intent of of defrauding you keep these thoughts in mind if you have any questions feel free to leave them in the comments i'm here to answer them again we go live every monday through friday uh at 11 except for holidays if you've gotten value out of this video don't forget to hit subscribe and like and we'll see you later you

Thanks Lou your participation is very much appreciated
- Jacquie Jozsa

About the author

Jacquie Jozsa

I've studied astrodynamics at Bryant University in Smithfield and I am an expert in cosmic-ray astronomy. I usually feel pessimistic. My previous job was property managers I held this position for 30 years, I love talking about video game collecting and animation. Huge fan of Charlie Chaplin I practice parasailing and collect barbie dolls.