So you are starting a business, or maybe you already have an established business up and running, and you are concerned about your company’s trademark rights and website. Particularly, you are concerned with building a legally protectable brand, and you’re not sure if you can register a trademark that covers your company’s website domain name. Even if you can trademark your domain name, you are not sure if you should. I’m here to provide some insight on trademarks and how they relate to your company’s URL.
First, it’s important to understand exactly what is a trademark. A trademark is a symbol, word or group of words that is legally registered, or established by use, as representing a particular company or product. Not only can logos, slogans, and company names be eligible for legal protection as a trademark, but website URL’s (domain names) are generally eligible for trademark protection as well. When picking a trademark, you should consult a legal professional experienced in trademark law to discuss how to qualify for trademark protection.
Next, acquiring a web-domain name can be very easy – you simply need to register the name you want with an organization called ICANN through a domain name registrar such as GoDaddy.com. However, before purchasing a domain name, you should research and investigate whether the domain name you want is identical or similar to an existing trademark. This diligence should be included in your overall approach to securing a legally protectable trademark, and is a process that can substantially reduce the risk that your chosen domain name will infringe on an existing trademark, or that you may run afoul of other laws such as the Anti-Cybersquatting Consumer Protection Act.
A Google search is a great place to start with your search. If you cannot find a similar mark to yours through a Google or basic web search, your next step should be to access the United States Patent & Trademark Office’s website, and search their electronic system for registered marks. Again, it’s recommended that you have a legal professional experienced in trademark law to assist you with this aspect of the process, as navigating the USPTO’s database and records may prove to be challenging, and doing an incomplete or inadequate search may spell trouble for your company down the road. Once you have conducted one of these preliminary “knockout” searches, the final (and most comprehensive) option is to hire a third party search entity such as Thomson Compumark to conduct a thorough search. A trademark attorney will generally review the results, and render a legal opinion about the perceived risks of using the mark, and discuss with you any potential problems you may run into by using the mark. The attorney may also find very low risk, and give you the green light. This option is the most costly, but the safest way to ensure that your mark is not infringing on someone else’s mark, and therefore, may significantly diminish your company’s potential liabilities.
So, if your brand name is similar or identical to another trademark, which may include another’s domain name that provides the same or similar services, beware, you may be infringing on someone else’s trademark, and could face a Cease and Desist in the future, or worse, a federal lawsuit. If that is the case, it may be best to eliminate the risk and attempt to acquire a different trademark and domain name. On the other hand, if you have conducted competent due diligence on your mark, and you find that there is little likelihood of infringement of another’s mark, you can move forward feeling confident about building the a strong (and legally protected) brand both on and offline.
Obtaining and registering a trademark, and corresponding web-domain name, can be tricky stuff. If you have questions concerning this process, or would like to move forward in securing a legally protectable trademark that you can then use as a URL, please contact me today. I’m happy to discuss how I can help you.
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Telephone: 303-396-0270
A friendly disclaimer: The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. The information provided is of general nature and for educational purposes only. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction
