Can Trademark Be Used As Domain Name
Trademark law can be complicated and there is no for sure rightwrong scenario. This can be valuable for online entities because while domain names are protected against theft and cybersquatting a domain name that is a registered trademark would also receive powerful federal trademark protection.
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The belief is by registering a domain name a trademark is no longer necessary to reserve rights to use the domain name.
Can trademark be used as domain name. If another company uses a domain name that is similar to a trademark and is engaged in a business providing similar goods or services the trademark owner may prohibit its use under trademark law. Not all domain names can be registered as trademarks. This is simply not true.
The PTO is particular about what can be registered as a domain name. Registering a domain with a service like GoDaddy or Bluehost does not give you trademark rights. Not all domain or blog names can be registered as a trademark.
The proprietor can register certification mark whereas association of persons can register collective. However only some types of commercial domain names qualify for trademark protection. How certification mark is different from collective mark.
However merely registering a domain name does not necessarily give you rights to use the domain name. Trademark confusion is a fairly simple concept and it boils down to whether the use of a name a domain name in this case would confuse a customer as to the product. This can be considered cybersquatting or a trademark violation and either way you could lose your domain name.
What Types of Domain Names Can Be Registered. For example if you chose to create a shoe brand named Nikey potential customers may well have thought they were buying Nikes when they bought your Nikeys. A domain name can qualify as a trademark when it is used in connection with a website that offers services to the public.
The owner of a registered trade mark has the exclusive right to use the trade mark in relation to the goods and or services for which the trade mark was registered. There are some circumstances when a trademark owner can prohibit the use of a domain name. Not all domain names can be registered as trademarks.
Of course domain names are more than just addresses since they can be selected by the addressee and are usually closely associated with a particular service or product. Make sure you dont use any trademarks in your domain name. Now for the long answer.
Your domain name can be a trademark. If a domain name is Musicstore you probably wont be able to get a trademark however if the domain name was Georgesmusicstore you could receive trademark protection. The PTO is particular about what can be registered as a domain name.
The trademark can be used as domain name. This has happened to people who included the WordPress trademark in their own domain name. Generally a domain name registered as a trademark includes only the middle part of the domain name.
The good news is that this is easy to avoid. However only some types of commercial domain names qualify for trademark protection. Being the owner of a registered trade mark does not automatically entitle you to use that mark as a 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. Domain Name Trademark Infringement Domain name trademark infringement occurs when a person or business uses a domain name that is protected by a trademark thereby infringing upon anothers trademark protection. Sometimes well-known trademarks are used as domain names by hoaxers so as to deceive the customers.
The short answer is yes. Certification mark provides quality whereas collective mark both quality and source. Domain name can be regarded as trademark and trademark can be used while registering a domain name but it is only beneficial if the same company does so.
Your rights will vary depending on the specifics of the case but unless someone registered the domain after you received your trademark registration you might be out of luck. Registration of a domain name however does not mean that youll be able to claim trademark rights of the name. This does not include use as a domain name.
In many cases you might not have any claim at all to a top-level domain if you do not already own it. Before registering your domain name you need to do a search to verify that you will not be infringing on someone elses trademark. To protect your brand from infringement you may want to trademark your domain name in addition to a logo slogan or design.
A trade mark is used to differentiate your business from your competitors. The main reason being that the same trade mark can be registered for different. Should I Trademark My Domain Name.
When you register a domain name it is true you are purchasing certain rights to use the domain name. It infringes on a federally registered trademark. And you would face an uphill battle to register a domain name that you use solely as an address and not a signifier of services.
This is because the similarity between the trademark and the domain name may confuse consumers.
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