Domain Name Trademark Registration
Simply enter the web address you want to register into the search box. To complete the registration process you have to actually be using the domain name on a website.
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There are 4 general steps to getting trademarking a domain name as we covered here.
Domain name trademark registration. Registration of a domain name with a domain name registrar does not give you any trademark rights. The first commercial user of a trademark owns it in case of a legal conflict with a later user. Trademark agents by name or geographic location.
If the name you entered has already been registered well list any available alternatives. The applicant will need to pay a fee which is assessed yearly and provide contact information. For information about these types of trademarks see TMEP 120903 m.
One of the many benefits of trademark registration in the US. Patent and Trademark Office USPTO Monitor Your Application. It should also be checked that no other person or company owns that domain name.
For example even if you register a certain domain name with a domain name registrar you could later be required to surrender if it infringes on someone elses trademark rights. 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. Distinctive clever memorable trademarks are protected under federal and state law.
The key to registering a domain name as a trademark is that the name serves as a source identifier. Can I get help to find a domain. When you do start using the name and complete the registration process the application date will be treated as the date you first used the mark.
Cybersquatting happens when somebody registers sells or uses a domain name that incorporates the trademark or service mark of an existing company usually intending to sell the domain name to the marks owner at a profit. Fees for trademark filing registration renewal and other services. The role of the Trademarks Opposition Board and information about opposition and section 45 proceedings.
A domain name can also form the basis of email addresses or file transfers. You can obtain a domain name by purchasing it from the registrar for your particular domain name. If you register your domain names but dont use your website to sell your products and you dont trademark the name there isnt anything you can do to stop the other company.
ICANN the organization responsible for administering the domain name system publishes a beginners guide to domain names. Perform A Comprehensive Search. A domain name can be registrable as a trademark if it functions to identify the source of particular goods or services.
ENom Inc the 1 Reseller Registrar ICANN accredited - Domain name registration Web Site Hosting Email Services Club Drop and Web Site Monitor. If you buy a domain name that contains words that are trademarked you risk losing your financial investment in the domain name as well as legal fees and your time dealing with a potential legal issue. It must be perceived by potential purchasers to indicate a source and not merely as an address to website.
It includes any time somebody registers sells or uses a domain name in order to profit from a trademarks goodwill. To get a trademark a company will need to file with the United States Patent and Trademark Office or USPTO. But you can start the process if you intend to use name soon an intent-to-use application.
Determine whether a trademark application is right for you. If you believe that someone has taken a domain in bad faith you can either sue under the provisions of the Anticybersquatting Consumer Protection Act ACPA or you can fight the cybersquatter using an international arbitration system created by the Internet Corporation of Assigned Names and Numbers ICANN. If you trademark your domain name you have legal protection if someone uses your trademarked name.
If the domain is available follow the on-screen instructions to complete the registration process. The USPTO outlines six steps in the process of registering a trademark. A trademark is different from patents copyrights domain names and business name registrations.
File a Trademark Application with the US. You can sue the other company and recover financial losses you might have incurred. Sometimes a person known as a cybersquatter registers a trademark as a domain name hoping to later profit by reselling the domain name back to the trademark owner.
Distinctive business and domain names usually qualify as trademarks. Names that identify products or services in the marketplace are trademarks. If you are specifically seeking to protect brand names and logos you may proceed with the trademark registration process.
Understand and learn how to minimize your risk. Finding a trademark agent. The right to use a domain name is regulated by domain name registrars.
ICANN provides a list of approved registrars. Trademarking your domain name is an important part of protecting your intellectual property. Is it allows you to reserve rights to a particular name by filing an intent to use application.
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