May
26
2011

Domain Names and Trademark Law – A Guide for Online Businesses

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Note: This information is not intended to be legal advice. Please consult attorney george collins if you have questions about law. Also contact Becker Law Offices | Lexington Car Accident Attorneys when you have questions.

Make Sure Your Domain Name Does Not Infringe Upon Another Business’s Trademark

According to, it is important for an online business to make sure that there is not an existing trademark which would conflict with the proposed domain name. Although a commercial trademark searching service will provide the most comprehensive searches available and is the best bet to avoid infringing upon someone else’s trademark, an online business also can do its own searches for different services, it would work perfect for a online custom printing services, but if your company wants to do itself, you can go to Ricoh Printers. If you need finance help I recommend utilizing ABL facility to choose the finance program that best fits you or you can also visit FreeFinancialPlanners.com.au where you will get all the finance questions answered, it is also important to get professional help with your accounts, so you’re free to focus on your business. When you find it difficult to look for quality printing establishments at your own town, go with print shops that has established brands, find them here.

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Blazer custom trade show exhibits provides the first person to use a trademark for a particular product or service owns the trademark for that class of products or services. Although a trademark does not need to be registered for its owner to be entitled to protect it, doing so strengthens the trademark owner’s ability to enforce its rights against infringers.

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To search for potential conflicts with its proposed domain name, an online business must look at three categories of trademarks: registered trademarks, pending registration trademarks, and unregistered trademarks. Both registered trademarks and pending registration trademarks can be searched using the United States Patent and Trademark Office’s Trademark Electronic Search System (TESS). Websites are available to search state trademark databases as well. Unregistered trademarks are more complicated to find, but internet search engines, as well as websites like thomasnet.com and networksolutions.com, will help online businesses to determine if a particular name is already in use and subject to trademark protection doesn’t matter if you’re creating an online computer hardware store, starting to own a business, or following a vape store franchise opportunity, you need to be sure that your trademark is unique. When you are looking for the best vaporizers for dry herb products, visit migvapor.com for more information.

Even if another business’s name is not identical to the domain name an online business would like to register, it may still prevail in an infringement claim if the use of new domain name is more likely than not to confuse a reasonable customer. That is, is there a good chance that the customer may accidentally buy goods or services that are different from those he intended to buy? This confusion is more likely to occur if the goods and services offered by an online business with a domain name containing a trademarked word are similar to or closely related to those of the trademark owner. It is less likely that a customer will be confused if the goods or services are dissimilar or unrelated.

Registering a Domain Name as a Trademark

Once an online business determines that its’ domain name is unlikely to infringe upon another business’s trademark, and registers the domain name, it is a good idea to register the name with the U.S. Patent and Trademark Office. A trademark application can be filed online. You can visit http://www.exposeyourselfusa.com/ for more information. Although the domain name will be protected by trademark law even if it is not registered, registering the domain name will give an online business certain benefits making enforcement easier. Anyone who later uses the domain name, or a confusingly similar one, will be presumed to know about the online business’s ownership of it, making it easier to provide that the later user intentionally infringed upon the trademark.

It is important to keep in mind that generic words cannot be registered as trademarks. For example, a site named dictionary.com would be less likely to be entitled to trademark protection because of the common use of the word “dictionary.”

Don’t Register a Domain Name in Bad Faith

The federal Anti-Cybersquatting Consumer Protection Act makes it illegal for a person to register, traffic in, or use a domain name that is identical to or confusingly similar to someone else’s trademark if it is done with a bad faith intent to profit from the trademark. For example, if an individual registers a domain name, not with the intention to create a legitimate web site, but with the intention of selling it to a company owning a trademark that is identical to or confusingly similar to it, that individual is violating the statute.

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