Can you register a domain name as a trademark [Must-Know Tips]



Last updated : Sept 14, 2022
Written by : Pearlene Nicolaisen
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Can you register a domain name as a trademark

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 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.

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.

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.

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.

Can a domain name infringe 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 long does a 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.

How do I know if a domain is trademarked?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS).

What do I do if someone buys my domain name?

If someone registered you or your business's name as a domain name, you have three primary options available to acquire the domain: Reach out to the cybersquatter or cyberpirate and try to informally resolve the domain name dispute, File a lawsuit based on cybersquatting laws to obtain the domain, or.

Should my domain name be public or private?

If you're just using it for a personal page, though, it obviously protects you from spam e-mails and people harassing you to sell your domain to them. For domain resellers, private registration can put you out of business because others will have a hard time getting in contact with you to buy your domain.

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.

How long does a trademark take to get approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

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

A domain name is registered so that there is an internet address. A trademark is registered to identify a product or service. A business name is registered to identify a business that wishes to trade other than with its own name. A company name is the name of a specific type of legal entity.

How do I get a domain name that is taken but not used?

  1. Try to buy it. Duh, right?
  2. Add a verb to your domain name.
  3. Extend your brand in the URL.
  4. Consider a ccTLD.
  5. Add your country to the domain name.
  6. Look at alternative TLDs.
  7. Use a domain hack.
  8. Experiment with abbreviations.

Can a company take your domain name?

Simply registering a domain name does not protect you if another company files a trademark infringement claim. If they hold a legal trademark, you can lose your domain name and even find yourself liable for the owner's legal costs.

Does a domain name expire?

Each domain name has its own registration and expiration date. Most domain names can be registered for a period from 1 to 10 years. They can be renewed, if necessary, while they are still active or reactivated after their expiration date.

What is the difference between a private registration and domain name?

Typically when you register a domain name, your contact information is publicly available. Private Registration offers a premium service to domain name registrants to protect their personal information from being displayed in the public Whois. You control who reaches you and when.

Is it worth getting domain privacy?

This can be a problem, especially for business owners, as most data breaches are financially motivated. Hence, domain privacy protection is one way to secure the personal data connected to your domain. Even though it adds a bit to your website hosting costs, the security value it offers is definitely worth the money.


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Can you register a domain name as a trademark


Comment by Jay Slocomb

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 Jay Slocomb, have a nice day.
- Pearlene Nicolaisen, Staff Member


Comment by Lesley

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 Lesley your participation is very much appreciated
- Pearlene Nicolaisen


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