Registering a Domain Name as a Trademark
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If you have a registered domain name
that doesn't infringe upon any trademarks, you may be able to register a
trademark. Registering a domain name as a trademark isn't easy, but it can
be done. Although you can't register the http://www.or the .com, if the use
of your name fits the laws criteria, it can be registered. You should consult
with an attorney familiar with the Internet, trademarks and the laws prior
to registering your domain name as a trademark.
For a complete explanation,
click
here.
As stated by the United States
Patent and Trademark Office,
"A mark composed of a domain name is registrable as a trademark or service
mark only if it functions as a source identifier. The mark, as depicted on
the specimens, must be presented in a manner that will be perceived by potential
purchasers as indicating source and not as merely an informational indication
of the domain name address used to access a web site."
In other words, the use of a domain name must not be used simply as an address
to direct customers to your web site, but must be used to identify the products
or services of the business claiming the trademark, which provides products
or services via the Internet.
If you're in the market for a domain name, you may want to consider searching
the
Trademark
Electronic Search System, prior to registering a domain name. By researching
the trademark regulations and knowing your rights, whether you hold a trademark
or a domain name, you may be able to avoid the possibility of
litigation.
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