About Domain Name Trademarking

By Business Editor

While many people wish to secure their own domain name for personal use, the vast majority needs a domain name as a marketing tool to help their businesses flourish ...

As World Wide Web technologies become more ingrained into our everyday lives and the Internet becomes so essential to modern society in terms of how we communicate and interact with each other, find entertainment, search for information and conduct business, most business owners and even many individuals nowadays are finding they need to own their own domain name addresses.

A domain is a name which distinguishes IP addresses. For you to recognize a particular web page, domain names are needed. Every domain name has a suffix after it to indicate its category or what they call “top level domain,” (TLD). Some of the common categorical suffixes are:

  • .gov - denotes government institutions
  • .ca - denotes Canadian territories
  • .edu - denotes educational institutions
  • .net - denotes network associations
  • .mil - denotes the Military group
  • .com - denotes commercial establishments

While many people wish to secure their own domain name for personal use, the vast majority needs a domain name as a marketing tool to help their businesses flourish.

If you plan on choosing a domain name for business use, you must first pick an identifier from the above-mentioned suffixes. For the domain name you can:

1. Choose your own business name. For instance, if your business name is “Western Widgets” then you can have westernwidgets.com as a domain name.

2. Choose a new domain name. It is recommended that when choosing domain names, you should include the main keywords that you want people searching for your products or services to find you with. This is probably more important than picking a “catchy” domain name (unless, of course, you want to create a "brand"). For example, if your business manufactures blue widgets and gizmos, you should consider registering a domain name like "blue-widgets-and-gizmos.com", or even register a separate domain name for each type of product you manufacture, then link the domain name to each specific product or service you are offering.

3. Two people cannot register the same domain name, unless they register the domain name with a different suffix (e.g. Person A registers "blue-widgets.com" and Person B registers "blue-widgets.net"), or a different variation of the name (e.g. Person A registers "bluewidgets.com" and Person B registers "blue-widgets.com" with a hyphen).

To ensure that visitors do not confuse your domain name with a similar domain owned by someone else (and end up visiting their web site instead of yours), many domain name owners register several variations of the domain name with all available top level domain suffixes.

There are business owners, however, who are not satisfied with just having their own domain names. Some also want the domain name to be trademarked.

So ... can you make your domain a trademark? Sure you can!

While some people argue that it is difficult to make your domain a trademark, there are those who disagree. By following the proper rules, you can make your domain name a trademark:

  • Select a domain name that is distinct and crafty. By doing so, you will not encounter much difficulty in protecting your domain name as trademarks. Additionally, domain names that employ geographic identifiers or surnames are not likely to be given trademark protection.
  • You need to verify your domain name. There should not be two of the same domain names. If there are, you may find your application to have your domain name trademarked will be disapproved. Hence, it is highly recommended that you undertake a thorough research to see if your domain name has not yet been taken.
  • After you have gone through with your “domain name search,” and you found out that your domain name is exclusive for your use only, then the next step is to trademark your domain name.
  • To register a new domain name, or search to see if your preferred domain name is available or already taken, go here: domain name registration services.
  • If you plan to register a domain name to protect an idea that you will not be developing for a little while, a good idea is to "park and monetize" your domain name, to minimize costs and ensure that your domain name keeps working for you, even while it is sitting idle. Here is a great resource we recommend you check out that will help you understand how to monetize a parked domain name.

Some say that it is not necessary to have a domain name trademarked and registered. However, the majority of entrepreneurs recommend that you trademark and register your domain name. By doing so, you will have authority to exercise your rights when someone attempts to use your domain name.

To help you with the registration process, you can seek professional help from a lawyer who specializes in trademarking and who is also knowledgeable about internet technology.

A domain name can be trademarked with the United States Patent and Trademark Office (USPTO). You need to obtain an application from this office. Once you have completed an application form and complied with the requirements given by the office, then you can submit it for evaluation.

The evaluation may take months before you are given a result. As you wait for the decision, you may temporarily use the TM symbol to notify the public that you have rights over the domain name. Once the decision has been out and your application was approved then you can now lawfully use the trademark symbol, "®".

Once you have registered for your domain name as a trademark, you will have ten years protection. However, during the fifth or sixth month you will be asked to file an affirmation to continue the registration. If you do not file within the specified time, then your registration may be withdrawn.

There is no problem if you want to trademark your domain name; all you need to do is undertake the necessary steps to fulfill your goal. Although unnecessary in most cases as stated earlier, there may be some benefits in owning a trademarked domain name, particularly if the enterprise associated with the domain name becomes very successful.

Next article: Trademark Registration - The Application Process

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A Trademark Guide for Entrepreneurs - A Trademark Guide for Entrepreneurs provides the information business executives need to know about protecting their most valuable assets - their trade names, trademarks and service marks. In easy-to-follow language, Robert E. Lee explains how to register trademarks and trade names with both state and federal offices, police the marketplace for possible infringers and successfully exploit the marks through assignments, licenses, franchises and joint ventures. Most importantly, A Trademark Guide for Entrepreneurs teaches the corporate officer, director or manager how to select and use effective trademarks that will stand out in over-crowded market areas, thereby increasing market share and profit potential.

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For more information about Trademarking-related resources, see our Business resources section, subscribe to our Business Newsletter containing news, updates and insider tips, or go to more articles about Domain Trademark.

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