Domain name registration is a simple task by it self. All you have to do is simply select a name that is domain of choice, make sure it's available and pay the registration fee to have the registration done. Although this really is real in most cases, sometimes the name that is domain by you can lead to a trademark infringement which could ultimately lead to legal battles and high priced settlements.
Domain title trademark infringement can be avoided easily if you're aware of the basic pointers which should be considered before registering domain names. This article is aimed at providing everything you require about domain name trademarks, how to get the trademark for a domain name, conflicting domain names, trademark infringement etc.
Domain Name Trademark - what exactly is it?
Domain names like Dell, Samsung, Lenovo or Canon easily qualify for trademark protection as they do maybe not contain words that are common daily life. If someone uses a Dell or Canon inside their domain name without the approval from the owners of those trademarks, it leads to a trademark infringement.
If a domain name consists of commonly used terms like ClothingLine.com or FoodDelivery.com, then they do maybe not qualify for domain name trademarks as you cannot stop people from utilizing terms like meals, delivery, clothes, etc., in their domain name.
How and when do domain names qualify as a trademark?
Then it is unlikely to qualify for trademark protection if your domain name consists of keywords or terms that are commonly used to describe your products or services. On the contrary by itself, it is more likely to qualify for domain name trademark and you can notify the U.S. Patent and Trademark Office (PTO) of the intent to use the name in commerce as a trademark and apply for trademark protection if you come up with a domain name like konduit.com that is unique. Although there is no appropriate requirement that you carry down a federal registration of your domain name as a trademark to utilize it for your business, it always good to register the name trademark to avoid unforeseen legal circumstances in the future.
According to a guideline by the Ninth Circuit U.S. Court of Appeals, if a domain name needs to qualify as a trademark, it should be in use by the continuing organizations for business -- that is, to offer goods or services -- before it can be protected as a trademark. What this means is for commercial selling and buying of your products or services that you can get trademark protection for a domain name only if you are actively using it. If the name just isn't earnestly used and you simply purchased it, it does not qualify for trademark protection.
Just how can a Domain Name be trademarked? The entire process of registering your domain name for trademark protection is easy. However, as stated before, it's important to ensure before the enrollment that true name indeed qualifies for trademark protection. The steps to trademark a name that is domain down the page:
Do a trademark search
The step that is first carry out before registering the domain name is always to do a trademark search on the US Patents and Trademarks Office site. You does not clash with an existing trademark, you can search for its availability and register it for your business when you are sure that the name chosen by.
Fill an application for registering the Domain Name as a trademark
Once you register your domain title and use it for your business that is commercial can make an application for registering it as a trademark with the US Patents and Trademarks Office. The government charges a nominal charge for filing and processing of applications. It is important to remember that the charge charged by the federal government is applicable whether or not your application for a trademark gets rejected for conflicting with an already registered and existing trademark. Its always better to take care that is extra ensure that the domain title you have chosen does not clash with an already registered trademark. What is the meaning of Domain Name Trademark Infringement?
Domain Name Trademark Infringement happens when there was a conflict between the name you have chosen and a domain name trademark that is already existing. If you try to register a domain name like "canonimages.com" -- where a trademark that is registeredCanon" is a part of one's domain name, it will be possible that a person visiting your site may assume that the site is either owned by or is affiliated to Canon leading to deception. Although your intention of utilizing the phrase Canon may not be to receive more clicks by utilizing an accepted name, such usage results in an infringement of an already registered domain name trademark Canon.com.
Some more information on Domain Name Trademark Infringement
· A domain that consists of the name of a product that is already existing service can result in a trademark infringement.
· a large amount of suggestive and unforgettable trademarks are protected by federal and state law. Make fully sure your domain name isn't one of these
· Some descriptive trademarks advertised and promoted extensively are protected under federal and state law.
· If two trademarks could cause confusion to potentially the consumers, it you could end up a domain title trademark infringement. The first user of the trademark wins in such cases.
· If your name ended up being registered after the original trademark, you may need to stop utilising the trademark and risk losing the domain as opposed to paying damages towards the user that is original. How can a domain name trademark disagreement be avoided? It will always be better to check the database regarding the U.S. Patent and Trademark Office at http.uspto.gov that is://www before registering a domain name so that future conflicts and disputes are avoided. All trademarks that are registered and pending registration with the US PTO are listed within the database. Aside from searching for the trademarks of your domain, it is also important that you seek out all trademarks that are similar to your domain.
After you do your search and discover the most relevant domain name, ask yourself these questions:
· Is my website adequate to compete with another site with a name that is similar offers similar products or services?
· could it be feasible that my website could possibly take business away from another site with a name that is similar?
· may be the name used by the other site really therefore well known?
· exactly What if my domain name is looked at as an imitation of another domain name that is similar?
Then you can safely register your domain without being worried about trademark infringement if your answer to all the above questions is NO.