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How Do I Trademark a Domain Name?

Written by: Shannon Moore

Article Overview: 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. There is one big caveat when it comes to trademarking domain names and it has to do with usage of the domain name.

How Do I Trademark a Domain Name?

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 seller, Amazon.com, has a Federal trademark registration for Amazon.com because it's the name under which they conduct business. Take a look at their site and you will see that the name is always shown with the .com extension.

Example: The insurance provider, Esurance, has a Federal trademark registration for Esurance because it's the name under which they conduct business. Take a look at their site and you will see that the name is always shown without the .com extension.

It really comes down to what you're putting out there in the marketplace. Are your customers going to come to know you & your products/services by your domain name? When you answer the phone, will you be saying XYZ.com? Answer these questions and it will become easier to understand what the next step to take is in trademarking your domain name.

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  How Do You Pick the Perfect Domain Name?

Article Tags: Amazon, domain name, Esurance, Federal AND State, Federal trademark registration



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URL change - Hi The AnonymousMan, When one has a Domain Name ie URL, I understand, it is not possible to change it. One has to take out a complete new Domain. Is that correct? However, if you can change it, how can you do it? Kindest Regards, Beat "Unlock People's Potentials!"
When choosing a domain. - Hi there, What factors are important when choosing a new Domain Name? One needs to be creative and selective to get an attractive name. What challenges have you had in choosing a new Domain Name? Which provider proved to be excellent? I am at the starting point to find a good hosting provider. I guess the choices are immense. Kindest Regards Beat Muelller "Unlock People's Potentials!"
Re: How Much Do You Need To Start? - In this age of Internet you might start with just $50 or nothing at all. To start an affiliate website with a squeeze page to collect emails you only need to start with this Domain name $9 Hosting $24 PPC to test your niche $17 This is $50. Though you will need to design and upload your site yourself.
Hyphen versus Full Stop - Hi There, It is astounding, as to how much variety can be used to create Domain Addresses. What about using a full stop or more commonly used as 'stop'? (.) It is easy to communicate. Interested to hear your views. Beat "Unlocking People's Potentials!"
Re: About: product production! - [quote="FreshGoods":1yq3rfuo]Most importantly,with all that has been said...when is it absolutely appropriate to patent your idea? Why do people file for patents if it is not necessary? I would really like to know this please. I appreciate your helpful tips a lot! THANKS.[/quote:1yq3rfuo] Hi FreshGoods, Don't forget that you can always patent your product yourself (or even incorporate your company or apply for a trademark or copyright) and without the help of a lawyer. It would save you a lot of money. For instance, if I got my Trademark filed by my lawyer, it would've cost about $1200+. But going through the process myself by simply reading the official brochure only cost about $450 total.


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