Comments on: How do you trademark a domain name? http://www.domrev.com/domain-name-trademarks-tm/how-do-you-trademark-a-domain-name Domain Names & Domaining Revenue Thu, 09 Feb 2012 06:44:25 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: TM Express™ http://www.domrev.com/domain-name-trademarks-tm/how-do-you-trademark-a-domain-name/comment-page-1#comment-5534 TM Express™ Sat, 31 Jul 2010 20:19:24 +0000 http://www.domrev.com/domain-name-trademarks-tm/how-do-you-trademark-a-domain-name#comment-5534 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! 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!

]]> By: Appy http://www.domrev.com/domain-name-trademarks-tm/how-do-you-trademark-a-domain-name/comment-page-1#comment-5533 Appy Sat, 31 Jul 2010 19:43:12 +0000 http://www.domrev.com/domain-name-trademarks-tm/how-do-you-trademark-a-domain-name#comment-5533 You can Find here http://www.tucktail.com/ You can Find here http://www.tucktail.com/

]]> By: jeremy_hancock http://www.domrev.com/domain-name-trademarks-tm/how-do-you-trademark-a-domain-name/comment-page-1#comment-5532 jeremy_hancock Sat, 31 Jul 2010 19:13:48 +0000 http://www.domrev.com/domain-name-trademarks-tm/how-do-you-trademark-a-domain-name#comment-5532 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. 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.

]]> By: Hank http://www.domrev.com/domain-name-trademarks-tm/how-do-you-trademark-a-domain-name/comment-page-1#comment-5531 Hank Sat, 31 Jul 2010 18:57:15 +0000 http://www.domrev.com/domain-name-trademarks-tm/how-do-you-trademark-a-domain-name#comment-5531 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. 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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