Can Someone Trademark My Domain Name

Always bear in mind that infringement is based on the likelihood of customer confusion -- that is is a consumer likely to be confused that the. The big benefit of officially registering your domain name as a trademark with the USPTO is the option for legal recourse if someone begins infringing on your mark.

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Your domain name the word or phrase that identifies your Web site such as AllBusiness may qualify as a legal trademark if you use it in commerce or if you notify the US.

Can someone trademark my domain name. For example you might register your domain name with a domain registrar pay to have some business cards printed keep the receipt or even keep a copy of the form you used to file for a trademark. Trademark infringement depends on several factors the most important of which are 1 who used the name KINECT for commercial purposes first and 2 which goods or services were sold using that name. Fully understanding how someone can use a trademark as or part of a domain name is imperative for anyone running a business with a webpage.

Sometimes a person known as a cybersquatter registers a trademark as a domain name hoping to later profit by reselling the domain name back to the trademark owner. You can attempt to trademark your domain name or blog. You can sue the other company and recover financial losses you might have incurred.

1 someone registered a domain name with your trademarked name in it 2 she registered it with the sole purpose of attracting visitors using your trademarked name and 3 she had no legitimate purpose to own the domain except for taking advantage of the popular name. Sometimes it may be more necessary than others. The laws regarding how domain names and copyrights interact are fairly new however so there may eventually be changes to how these policies have been established.

If you believe that someone has taken a domain in bad faith you can either sue under the provisions of the Anticybersquatting Consumer Protection Act ACPA or you can fight the cybersquatter using an international arbitration system created by the Internet Corporation of Assigned Names and Numbers ICANN. Why Register Your Trademark. The History of Cybersquatting.

Patent and Trademark Office PTO that you intend to use it in commerce. Interestingly you do not need a federally registered trademark to prevent a competing business from using your business name in its website address. It generally refers to the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for a profit to those businesses.

But as my colleague has correctly noted your use of a domain name may or may not have acquired you trademark rights in the trademark that was presumably included in that domain name. It can be done but first ask yourself why you want to spend the money - and time - to trademark your name. The answer to that question is yes.

Fortunately trademark protection also applies in the digital world. When dealing with internet-related issues the confusion usually arises when a domain name which incorporates someone elses trademark misleads those who are searching for a particular. A trademark is any word name symbol or combination of those things that distinguishes a source of a businesss services or products offered to the general public.

When it comes to domain names a common form of infringement happens when someone else registers a domain that is a small typographical error from your domain. You can make a strong claim of trademark infringement if you can prove the following three things. The main reason being that the same trade mark can be registered for different.

You must also meet specific requirements to trademark your name with the US. Patent and Trademark Office USPTO. As a general rule if they started using the name on similar goods or services after you began using the name you have superior trademark rights.

Being the owner of a registered trade mark does not automatically entitle you to use that mark as a domain name. In general you cannot copyright a domain name though there are other forms of protection that are extended to domain names and domain names associated with works protected by copyright. Trademarking a Domain Name To protect your business or brand from infringement you may want to trademark your domain name in addition to a logo slogan or design.

Your rights will vary depending on the specifics of the case but unless someone registered the domain after you received your trademark registration you might be out of luck. It does have to meet several standards in order to qualify for trademark protection. Cybersquatting is registering selling or using a domain name with the intent of profiting from the goodwill of someone elses trademark.

A trademark is a piece of intellectual property that allows you to brand something so that no one else can copy or use it. In many cases you might not have any claim at all to a top-level domain if you do not already own it. If you register your domain names but dont use your website to sell your products and you dont trademark the name there isnt anything you can do to stop the other company.

A paper trail will show who was using the name first. If you trademark your domain name you have legal protection if someone uses your trademarked name. Merely registering a domain name does not give you trademark rights rather it identifies your website and generally will not prevent others from using the name.

If another business attempts to register a domain name that is a Web address or URL that is the same as your business name you can seek relief in court to stop them. Watch for trademark violations. The right question is can person As domain name infinge on person Bs trademark rights because person As domain name includes person Bs trademark.

Trademarking a domain name or blog is a must in some situations.

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