Should I trademark my domain name of site?

Discussion in 'Legal Issues' started by ashoksharma, Mar 2, 2013.

  1. #1
    Hello,
    I am running a .com website. Should I get a trademark for that if my entire business is based on that site? And what if anyone else gets the trademark for that domain before I do or already has a trademark for that? Is there any resource available where I can check if trademark is already registered or not?
     
    ashoksharma, Mar 2, 2013 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2

    If you're using the term/s in your domain name to identify the source of that product/service in commerce, then you already have a trademark. But to make it easier to prove your trademark rights, you file for a registration at your jurisdiction's nationwide intellectual property office.

    While there's no authoritative, all-encompassing, all-in-one trademark database, next best thing is Google itself. Type "(word/s) trademark" and you'll at least have an idea.
     
    Dave Zan, Mar 2, 2013 IP
  3. browntwn

    browntwn Illustrious Member

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    #3

    That is not much help unless someone has used the word trademark next to their term. Since any usage which, as you already mention, that is used to identify the source of products or services will give someone a common law trademark, I think it is easier to just search the term itself, without the word 'trademark', and take a look what is out there. If someone is using the term in a similar area that you plan to use it then there is a good likelihood that someone already has a common law trademark in that particular area. That is not to say that you can't also use it, but your chances of preventing others from using it are substantially lower.


    To check for a US registered mark, I would just go to USPTO.gov and do a search.
     
    Last edited: Mar 2, 2013
    browntwn, Mar 2, 2013 IP
  4. ashoksharma

    ashoksharma Greenhorn

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    #4
    yes I have checked in both ways and there is not any existed trademark I found with same term. Thanks David and browntwn for your replies
     
    ashoksharma, Mar 2, 2013 IP