Or can you? I want to make a website that has the “R” in a circle after its name, so that it looks official-ish
, and maybe a little to protect it in case it gets big or something.
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"How Do You Trademark A Domain Name?" was posted on Sunday, October 25th, 2009 at 8:27 am.
4 Responses to “How Do You Trademark A Domain Name?”
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You submit an application to the Patent & Trademark Office. You can use a TM after the name without applying, but that doesn’t provide any real legal protection. A ® states that you’ve applied for and received a trademark from the government – use of that symbol without doing so could get you in trouble.
The process for filing for a trademark for a domain name is similar to any other name in terms of comprehensive research and analysis being a necessity.
Comprehensive research consists of looking at marks that are similar in Sound, Appearance or Meaning in the pending & registered Federal AND State trademark files as well as the US National Common-Law files.
There is one big caveat when it comes to trademarking domain names and it has to do with usage of the domain name.
“A mark composed of a domain name is registrable as a trademark or service mark only if it functions as a source identifier,” so says the USPTO. Okay, but what does that mean?
Basically, as long as your domain name is the name of your product and/or service, it’s likely registrable. Let’s look at some examples to illustrate this:
Example: The online auction site, eBay.com, has a Federal trademark for the word eBay because it’s the name under which they conduct business.
Example: The online seller, Amazon.com, has a Federal trademark registration for Amazon.com because it’s the name under which they conduct business.
Hope that helps! I wish you much success & happiness in all your ventures!
Using the Trademark Electronic Application System (TEAS) available at http://www.uspto.gov/teas/index.html, you can file your trademark application directly over the Internet.
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