Domain Name Vs Trademark

The belief is by registering a domain name a trademark is no longer necessary to reserve rights to use the domain name. There are a few basic principles to keep in mind when you consider your domain name from a legal standpoint.

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State and federal laws protect trademarks that are memorable and distinctive.

Domain name vs trademark. Many states and local jurisdictions register business names either as part of obtaining a certificate to do business or as an assumed name filing. See what is a trade mark. If both the domain name holder and the challenger had trademarks on the name which is permitted under trademark law then the domain name was awarded to the existing holder of the domain name.

A trademark is a name symbol logo or other device used to identify and distinguish a product or service from other competitors. As stated above a domain name can be registered if the domain name is being used as the trademark. Not every domain name will qualify for trademark protection.

For example if I refer to a computer I have not told you anything about the source of the product. However only some types of commercial domain names qualify for trademark protection. A domain name is a unique string of letters that is a part of an internet address.

The rights derived from each are very different. The use of common or generic names will not usually meet the criteria of a trademark. A domain name does not have to be registered in respect of a particular class of goods or services.

A domain name is valid for a contract period as agreed between the registrant and the. To protect your brand from infringement you may want to trademark your domain name in addition to a logo slogan or design. With domain names if the exact domain name is available you can have it.

If the domain name is only being used as URL and not anywhere on the page then the use should be changed or alternately you can file an intent to use application for the domain name. Domain names operates at a global level and so no two companiespersons can be having the same domain name. 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.

They too are functional when they act as domain names but they have an additional dimension. They are primarily functional elements. Should I Trademark My Domain Name.

A trade mark shall be registered in respect of the class of goods or services as classified under the Nice Classification. Trademark rights flow from use of a mark for goods or services in interstate commerce or within a states boundary. The domain names are not given for every single product offered by a company.

It is common for a domain name to be the same or similar to a trade mark or a business name. Any names that directly reference services or products on the market are trademarks. Trademarks exist in actual as well as virtual marketplaces.

Examples include the use of the domain name on the actual pages of a website offering services offline use of the domain name as something more than just a URL address such as use of the domain name on marketing or promotional materials for services and use of the domain name on packaging for a product. However merely registering a domain name does not necessarily give you rights to use the domain name. A trademark identifies the particular source of goods or services and is essentially a brand name.

A domain name can be registrable as a trademark if it functions to identify the source of particular goods or services. With trademarks even if the exact name is not trademarked you wont be able to get it if there is another previously applied for or registered confusingly similar trademark. Domain names and trademarks are related but not the same thing.

Trademark can refer to or linked to a specific category of a product or products line. Domain name rights are derived by way of a domain name owners contract with a registrar. Distinctive business and domain names usually qualify as trademarks.

When you register a domain name it is true you are purchasing certain rights to use the domain name. Domain name trademark applies to a domain name if. Domain names exist solely on the Internet.

In order to identify a particular source a trademark must be something more than the generic name for the product or service. Of course trademarks are significantly more expensive to get than domain names. This is simply not true.

The first commercial user of a trademark owns it in case of a legal conflict with a later user. Use of a business name does not necessarily qualify as trademark use though other use of a business name as the source of goods or services may qualify it as both a business name and a trademark. One trademark legally conflicts with another when the use of both is likely to confuse customers about the products or services or their origin.

Registering a domain with a service like GoDaddy or Bluehost does not give you trademark rights. A trade mark is any sign which can tell apart your goods and services from those of your competitors.

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