How are domain names and trademarks related?
A mark comprised of a domain name may be registered as a trademark or service mark in the U.S. Patent and Trademark Office. However, just like any other mark, the domain name is registrable only if it functions to identify the particular source of goods or services offered.
Is trademark and domain the same?
A domain name simply is an address on the Internet. A trademark identifies the particular source of goods or services and is essentially a brand name. In order to identify a particular source, a trademark must be something more than the generic name for the product or service.
Can You trademark a domain name on the Internet?
On the Internet, trademark protection may apply to domain names, websites names, website logos, and the “total image” of a website, among other things. Again, the essential ingredient for trademark protection is that the name, phrase, symbol, or whatever serve to identify the source of a good or service.
Why are domain names in conflict with trademarks?
As such, they are now coming into conflict with business identifiers such as trademarks that exist in “real space.” Two factors exacerbate this conflict. First, domain names must be unique – one string of words can link to only one site – while trademarks may overlap in different industries or different geographical locations.
When do you need to register a domain name?
When companies register new trademarks, they should include domains in their comprehensive trademark search plans. Given the many benefits of domain ownership, it has become nearly as important as searches of the Trademark Electronic Search System (TESS) and state trademark searches.
Why are domain names a valuable intellectual property?
First, domain names must be unique – one string of words can link to only one site – while trademarks may overlap in different industries or different geographical locations. Second, it is common practice for many Internet users to guess at domain names. Thus domain names based on intuition become valuable corporate assets.