On the one hand, a trademark is a symbol, word, or phrase used to identify a particular brand or company as the source of specific products or services. In turn, trademark rights arise out of use in commerce; that is, when such a symbol, word, or phrase is used in commerce in association with a certain product or service. On the other hand, a domain name is simply a text-based address that identifies a website on the Internet. This text-based address may similarly distinguish a particular brand or business identity. With these things considered, you may now wonder whether a domain name qualifies for certain trademark rights and protections. Well, please continue reading to learn whether you can get a trademark for your domain name and how an experienced New Jersey domain name dispute lawyer at The Ingber Law Firm can help you go about this correctly.
Is it possible to get a trademark for my domain name?
First of all, domain names may be issued on a first-come, first-serve basis. This means that just about anyone can purchase an available one without needing to apply for or possess trademark rights over this text beforehand. As you can see, this may stir up trouble for trademark owners over certain names, as their name may be legally used as a domain name by any other third party.
This is all to say that you can and should get a trademark for your domain name. For this, though, you must confirm that your domain name meets the strict eligibility criteria for these rights and protections. Such criteria read as follows:
- It must already be in use or you have a bona fide intent to use it.
- It must be distinctive in that consumers can easily recognize it as a representation of your brand or business.
- It must be the first time it is being used in association with the products or services you are offering to the public.
- It must not be generic in that it simply refers to a general class of products or services you are offering to the public.
- It must not be confusingly similar to a domain name that has already been registered with the United States Patent and Trademark Office (USPTO).
How do I go about trademarking my domain name?
Once you confirm your eligibility to trademark your domain name, you must officially kickstart your application with the USPTO. Here, you, of course, must supply evidence of your satisfying the aforementioned eligibility criteria. Also, you may have to provide your personal information and information regarding your initial purchase of the domain name. Then, you must prove how your domain name is already being used as a trademark or service mark, such as its appearance throughout your website’s content, your online marketing campaigns, and more.
Your trademark application should not be processed without the wise legal counsel of a skilled New Jersey trademark lawyer. So please call to schedule your initial consultation with us at The Ingber Law Firm today.
