Trademark a Domain Name

Trademark a Domain Name

A domain name is a memorable unique address used for finding websites (and other services) on the Internet. When you browse to a domain name, the domain name is resolved into an IP Address (e.g. 192.768.141.7.2) so that your request can be routed to the correct server. Domain names are used as humans have difficulty in remembering IP Addresses.

When registering your domain name, you should first perform a trademark search as your use of the domain name may constitute trademark infringement.

While domain name registration only prevents others from registering the exact same domain name, a trademark can be used to prevent others from using the same and similar trademarks.

For example, one person can register flowersonline.com while another can register flowers-online.com, no problem. However, if someone has a trademark on ‘flowersonline’, then the user of ‘flower-online’ as a trademark would be trademark infringement given the similarity of the trademarks. At the end of the day, if the consumer is likely to be confused as to the owner of the trademark, such as by assuming that the owners of flower-online.com are the owners of flowersonline.com, then there is probably trademark infringement.

Furthermore, trademarks rights or proprietary rights – meaning you can own the rights and transfer them to others. A domain name registration gives no such right.

As such, when registering a domain name, you should consider filing a trademark for the domain name at the same time. Having a trademark registered for your domain name may be used for preventing ‘cybersquatters’ and those trading off you good name.

If you have a domain name in mind, consider filing a trademark application for your domain too.

Last modified:03/10/2013