How To Trademark Domain Name
First to Register in Good Faith. It is limited to direct matches phonetically similar similar in terms of translation or appearance by way of design.
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It must convey to whoever sees the URL what products or services are behind the name.
How to trademark domain name. The PTO is particular about what can be registered as a domain name. Conduct a trademark search. Perform a Trademark Search.
A website name is often registrable as a trademark if it functions to spot the source of particular goods or services. Trademark process Get ready to apply. You must establish that a domain name is identical or confusingly similar to a trademark in which you have rights the domain name owner did not have intellectual property rights or legitimate interest in the domain name and the domain name was registered and is being used in bad faith.
Prepare and submit your application. An application to register a website name under country code top-level domain eg. Once you determine that the type of protection you need is in fact trademark protection then.
Our Trademark Engine Federal State Common Law Search reviews the USPTO database the databases of all 50 states a business registry and the database of domain names. If a domain name is available and is not a protected trademark of another company engaged in a similar goods or services business an applicant can register for the domain name. Domain names can be registered as trademarks upon fulfilling all the conditions that are required to be registered as a trademark.
Conducting a trademark search is an essential but often overlooked step in. Fortunately its easy to register your domain name as a trademark. Hence any domain name which is unique capable of identifying.
ICANN provides a list of approved registrars. The way to choose a domain name that satisfies your own marketing needs and doesnt get in the way of anybody elses trademark rights is to search as many existing trademarks as possible spot possible conflicts and then pick a name thats unlikely to generate a nasty lawyers letter. The domain should function as a source indicator It must convey to whoever sees the URL what products or services are behind the name.
And the first place they should start is the US. The typical filing fee for a domain name mark is 325 per class 2018 figure if you file electronically using the PTOs Trademark Electronic Application System TEAS. Before you register a domain name conduct a trademark search to find any trademarks that conflict with the name you want.
Trademark owners are required to notify domain name owners that their registration and use of the domain name violates the legal rights of the trademark holder before requesting NSI to take action. Not all domain names can be registered as trademarks. Trademark Search Even before you register your domain name it is a good idea to do a trademark search on the website of US Patents and Trademarks Office.
If you use someone elses trade mark for your brand you may be open to legal action from the trade mark owner. For example you cant use generic words in your trademarked domain name. A domain qualifies as a trademark when it is a source indicator Your domain must convey the products or services associated with the name to whoever sees the URL.
To complete the registration process you have to actually be using the domain name on a website. Naturally youll want to see if the domain name is available but trade marks and business names should weigh on your decision. Patent and Trademark Office wwwusptogov.
A business had an innocent and legitimate reason for using a famous mark as a domain name and was the first to register it. If the trademark search is clear and you have used your domain name in commerce or have a. The USPTO has.
Once your domain name qualifies for trademark protection the actual process of registering the domain name as your trademark is quite simple. In such cases the owner of the domain name unfairly benefits from the deceptive domain name. To access the Trademark Electronic Application System TEAS you need to log in to.
Work with the assigned USPTO examining. It can cost more however if you will be offering a number of different services on your website. How do I register a domain name trademark.
Courts will find the domain name constitutes trademark infringement. Note that your domain name must follow USPTO rules. Apply with the USPTO.
Your first step in establishing an online presence will probably be licensing your domain name. How to Trademark a Domain Name 1. In other words merely reserving a domain name isnt enough.
Trademark Clearance Search In order to balance the need to identify a catchy domain name while also respecting the rights of a trademark owner a company should perform a comprehensive trademark search.
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