MightyRecruiterThe unique name connected with an IP address is defined as a domain name. It is most typically thought of as the part of the web address after the “www.”. Sometimes the suffix, .com, .org, .net, etc. is included in the domain name, but really the unique name is the part between these two elements. As you try to set up a unique domain name for your business, there are a few things you need to understand. You have to choose the proper suffix, understand what constitutes a trademark, check availability of domain names, register your name as a trademark, understand the rules regarding using a domain name similar to an existing trademark and prepare for the future.
Choosing Your Suffix
There are a lot of domain name suffixes available. The most commonly used suffixes include:
- .org: Typically used by nonprofit organizations
- .com: Originally used by commercial and business websites
- .net: Used by network-related units
- .gov: Part of government agency domain names
- .edu: Implemented by educational organizations
- .biz: Commonly used by businesses
- .travel: Dedicated to businesses in the travel industry
- .mil: For use by the U.S. military
You have to choose a suffix that will complement your organization.
Qualifying as a Trademark
Before you go registering your domain name under a trademark, you have to know what qualifies to become a trademark. A trademark is usually thought of as something that is a logo, name, symbol or something else utilized to identify a product or service. Because of the definition of a trademark, not all domain names will qualify for the protection granted by a trademark. Trademark for a domain name will apply to the name of your online domain if it is original and you were the initial individual or company to use it in association with the sale of goods or services. If your domain name does qualify, you will be able to prevent the utilization of similar or incorrectly names by other organizations.
Checking Availability
You also have to make sure a domain name is available before you can register it as a trademark. Checking availability is rather easy. You can search the website of an Internet Corporation of Assigned Names and Numbers, which is a legitimate Internet registrar of domain names. There are two well-known websites that have an approved list of registrars: www.internic.net and www.icann.org.
Registering Your Domain Name as a Trademark
Once you find out a domain name is available, you have to register your name. To do this, you have to fill out an application with an approved registrar. There will be a payment, which could be annual. You will also have to give accurate contact information. After the domain name is registered, you are the only person or business entity allowed to utilize the domain’s unique address. However, this trademark does not prohibit other individuals or businesses from using the name for a product or business.
Using Similar Domain Names
On the other side of things, if a company owns a trademark, you may still be able to use a similar domain name. Only the following circumstances would stop you from being able to use a name that is part of an existing trademark:
- Famous Trademark: If your company uses a domain name that is similar to a famous trademark, the owner of the trademark can stop you from using it because it could blemish or weaken the reputation of the famous trademark.
- Federally Registered Trademark: Say your company uses a specific domain name that is similar to or the same as a registered trademark and you provide goods or services similar to those of the company that owns the trademark. The trademark owner has the power to prohibit you from using he domain name because it may confuse their consumers.
Preparing for the Future
Finally, you can use the registration of a trademarked domain name to prepare for the future by acquiring a domain name trademark for future use. You can do this if you have made use of the trademark already in business or if you have a genuine intention to use the trademark. You do, however, have to use the domain name within six calendar months of registering it.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.