Domain title registration is a simple task by it self. All you have to do is simply select a domain name of your choice, make certain it is available and pay the registration fee getting the registration done. Although this is certainly real in most cases, sometimes the domain name chosen by you can lead to a trademark infringement which could ultimately lead to legal battles and high priced settlements.
Domain title trademark infringement could be avoided easily if you might be aware for the fundamental pointers that will be kept in mind before registering names that are domain. This article is aimed at providing all the details you need about domain title trademarks, just 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 not include words that are common lifestyle. If someone uses a Dell or Canon inside their domain name without the approval from the owners of these trademarks, it leads to a trademark infringement.
If a domain name consists of commonly utilized terms like ClothingLine.com or FoodDelivery.com, then they are doing not be eligible for domain name trademarks as you cannot stop folks from making use of terms like meals, delivery, clothes, etc., in their domain name.
How when do domain names qualify as a trademark?
If your domain name is comprised of keywords or terms that are commonly used to explain your services or products, then it is unlikely to qualify for trademark security. Quite the opposite in the event that you come up with a domain name like konduit.com that is unique on it's own, it is more prone to qualify for domain name trademark and you can notify the U.S. Patent and Trademark Office (PTO) of the intent to utilize the name in commerce as a trademark and submit an application for trademark protection. Though there is no appropriate requirement that you carry away a federal registration of your domain name as a trademark to utilize it for your business, it constantly 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 has to qualify as a trademark, it should be in use by the companies for business -- that is, to offer goods or services -- before it can be protected as a trademark. This implies 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 true name is not earnestly used and you just purchased it, it does not be eligible for trademark security.
How can a Domain Name be trademarked? The process of registering your domain name for trademark protection is straightforward. However, as stated before, it is critical to ensure before the enrollment that true name indeed qualifies for trademark protection. The steps to trademark a domain title are given below:
Do a trademark search
The step that is first carry out before registering the domain title would be to do a trademark search on the US Patents and Trademarks Office internet site. Whenever you are sure that the name chosen by you will not clash with an existing trademark, you can search for its accessibility and register it for your business.
Fill an application for registering the Domain Name as a trademark
Once you register your domain name and use it for the commercial business, you can submit an application for registering it as a trademark with all the US Patents and Trademarks Office. The government charges a fee that is nominal filing and processing of applications. You should note that the fee charged by the federal government is relevant whether or not your application for a trademark gets rejected for conflicting with an already registered and current trademark. It is always better to take extra care and ensure that the domain name you have chosen does not clash with an already registered trademark. What's the meaning of Domain Name Trademark Infringement?
Domain Name Trademark Infringement happens when there was a conflict between the name you've selected and an already existing domain name trademark. If you attempt to register a domain name like "canonimages.com" -- where a trademark that is registeredCanon" is a part of the domain title, it's possible that a person visiting your site may assume that the web site is either owned by or is affiliated to Canon causing deception. Although your intention of utilizing the term Canon may well not be to receive more clicks by utilizing an established title, such use results in an infringement of an already registered domain name trademark Canon.com.
Some additional information on Domain Name Trademark Infringement
· A domain that consists of the name of a product that is already existing service may lead to a trademark infringement.
· a lot of suggestive and trademarks that are memorable protected by federal and state legislation. Make fully sure your domain name isn't one of them
· Some descriptive trademarks advertised and promoted extensively are protected under federal and state law.
· If two trademarks may potentially cause confusion to the customers, it could result in a domain name trademark infringement. The first user of the trademark wins in such cases.
· If your name had been registered after the original trademark, you may have to stop utilizing the trademark and risk losing the domain in the place of paying damages to your user that is original. Just How can a domain name trademark disagreement be avoided? It is usually advisable to check out the database associated with the U.S. Patent and Trademark Office at http.uspto.gov that is://www before registering a domain name in order that future conflicts and disputes is avoided. All trademarks that are registered and registration that is pending the US PTO are listed in the database. Aside from searching for the trademarks of one's domain, its also important that you search for all trademarks that are similar to your domain.
Yourself these questions after you do your search and find the most relevant domain name, ask:
· Is my website good enough to compete with another site with a similar title that offers similar products or services?
· Is it feasible that my web site could possibly take business away from another site with a name that is similar?
· may be the title used by the other website actually therefore well understood?
· What if my domain title is looked at as an imitation of another similar domain name?
If your answer to most of the above questions is NO, then you can safely register your domain without being concerned about trademark infringement.