Domain Name Trademarks

As your Internet business grows, the value of your domain name increases. The issue of a domain name trademark should move to the top of your list. You need to guard against unscrupulous competitors that may try to incorporate your domain name in their meta tags to obtain search engine rankings under your name. If you have a domain name trademark, you can go after these individuals and compel the search engines to remove their listings.

What Is A Trademark?

A trademark is a distinctive item that is used to identify a logo, product, device, package or service. The trademark identifies the item as being provided by a particular firm. To protect these items you can obtain a mark from the patent and trademark office that prohibits others from trying to gain economic advantage from your mark.

Domain Name

The patent and trademark office views domain names in a unique way. The office views the "http://www" element as a part of the file transfer process, not your domain name. The ".com", ".net", etc., designations are considered top-level domain identifiers and are also disregarded for the purpose of a domain name trademark. For example, our domain name is http://www.sandiegobusinesslawfirm.com. If we submitted the domain name for registration, only the "sandiegobusinesslawfirm" portion would be considered for a mark.

Locators Cannot Be Registered

A domain name is a locator for file pages. When you type in your domain name, a server locates and displays files. If a domain is used solely for this purpose, it will not be granted a mark. Instead, the domain name must be incorporated into the site. For instance, Amazon is recognized as an online bookstore and the site actually has the word "Amazon" on every page. Since "Amazon.com" is more than a locator, Amazon can apply for and receive a trademark. If Amazon used the domain name, bookstore.com, the company would be able to register "Amazon", but not "bookstore."

Generic and Descriptive Terms

Domain names that are generic or descriptive in nature cannot be registered because they fail to designate a distinctive product or service. For example, "sandiegobusinesslawfirm" is comprised of generic terms and describes who and where we are, to wit, a San Diego business law firm. This domain name cannot be trademarked. The same result would occur with bank.com, book.com, advice.com, etc.

You may be thinking, "What about 'Coke?' "Coke" is a trademarked term because it is a distinctive term for a soft drink product. It just so happens that a brilliant marketing plan has convinced most people to refer to soft drinks as "cokes", even if they actually prefer another brand!

Trademarks are an important factor in protecting your Internet business. Armed with a trademark, you can keep competitors from pulling traffic off the search engines when people search for your site.

Richard Chapo is with http://www.sandiegobusinesslawfirm.com - a law firm providing legal advice to California businesses. This article is for general education purposes and does not address every facet of the subject matter. Nothing in this article creates an attorney-client relationship.

---

Making Money with Expired Domains

There are billions of websites and thousands more popping up... Read More

A Winning Domain Name

The domain name is one of the most important decisions... Read More

How To Really Profit from Domain Names

Have you heard about domain names that sold for over... Read More

Internet Domain Registration ? Top 10 Most Frequently Asked Questions on Domain Name Registration

Here are the top ten most frequently asked questions regarding... Read More

Before You Register a Domain Name for Your New Online Business...

Recently I made a mistake that may cost a great... Read More

Expired Domains Explained

It is annoying to find that you have a great... Read More

How to avoid copyright infringment in your domain name

One of the most important aspects of choosing a domain... Read More

Why to Register md-Domains?

What is .md?.md is the web address that identifies you,... Read More

How To Choose The Best Domain Name

In this article we are going to look at the... Read More

Understand the Domain Name System

Ever wonder why DNS systems came into existence? Efficiency. Every... Read More

Protect Your Domain Name or Risk Losing It

Your domain name is an important part of your brand... Read More

The Power of Domain Names in Marketing

Purchasing your own domain is inexpensive and very effective for... Read More

Liberalization of in-Domains?

Communications and IT Minister Dayanidhi Maran has -as Hindustan Times... Read More

Domain Names More Choices than You Think

When you are choosing a domain name you will probably... Read More

Why El Cheapo Domains Will Cost You Money

You want your own online business? Good because it's one... Read More

Public Domain - Internet Gold Mine

With the advent of the internet and the ease of... Read More

8 Million de-Domains

DENIC, the registry of the German Top Level Domain (TLD)... Read More

Choosing a Domain Name - One of the First Stops for Your New Website

So, what is a domain name, or simply a domain?... Read More

Information on Domain Names

It's been two years since John started his online business.... Read More

Domain Name Registration Explained

Registering a domain name is a pretty straight forward process.... Read More

.info Freedom Frenzy

Whether you're someone that registers domain names on a regular... Read More

Its Raining ccTLDs

By now you've probably noticed the onslaught of unfamiliar domain... Read More

Domain Name Registration - Key Tips

Domain name registration is a necessary, easy, and strategically important... Read More

Cheap and Easy Domain Name Registration

Just like any business, your identity is very important. On... Read More

Warning: Your Domain Name Could Infringe On Trademark Rights!

If you have or are about to purchase a domain... Read More

Instant Traffic Using Expired Domains

Every day thousands of domains 'expire' and are put back... Read More

ICANN Registrar: za-Domains for Anybody

Cologne, 12.10. 2004. ICANN accredited registrar Secura announces today,that the... Read More

Secrets of Expired Domain Name Traffic

One of the biggest challenges to a webmaster is how... Read More

The Value of a Good Domain Name

Domain names to the internet are the as necessary as... Read More

A Very Simple 3 Step Process To Find That Perfect Domain Name Using Some Free Online Tools

So you finally decided you want your very own home... Read More

Domain Names Explained

If you are totally new to the internet then you... Read More

Is Your Domain Name On Someones Wanted List?

A good domain name is, and will always be, essential... Read More

5 Tips For the Perfect Domain Name

What is a domain name? A domain name is the... Read More