Should you Trademark a Domain Name?

Discussion in 'Domain Names' started by Woodcs82, Jun 12, 2010.

  1. #1
    Should you Trademark a Domain Name?

    Im not to Clear on this..

    -C

    :cool:
     
    Woodcs82, Jun 12, 2010 IP
  2. RightMan

    RightMan Notable Member

    Messages:
    8,294
    Likes Received:
    450
    Best Answers:
    0
    Trophy Points:
    205
    #2
    If you intend to use it for long and use it as a brand.... it is not a bad idea to look to have the name trademarked! :)

    Regards,

    RightMan
     
    RightMan, Jun 12, 2010 IP
    Woodcs82 likes this.
  3. WallaceYeung

    WallaceYeung Notable Member

    Messages:
    3,377
    Likes Received:
    164
    Best Answers:
    0
    Trophy Points:
    230
    Digital Goods:
    1
    #3
    do you have any big project or budget to register trademark for this domain?
     
    WallaceYeung, Jun 12, 2010 IP
  4. Woodcs82

    Woodcs82 Well-Known Member

    Messages:
    2,588
    Likes Received:
    32
    Best Answers:
    0
    Trophy Points:
    150
    #4
    I was just curious ...i didn't know if it was necessary.

    Thanks for the replies :cool:
     
    Last edited: Jun 12, 2010
    Woodcs82, Jun 12, 2010 IP
  5. chandan123

    chandan123 Prominent Member

    Messages:
    11,586
    Likes Received:
    578
    Best Answers:
    0
    Trophy Points:
    360
    #5
    yes it depends on the usage and generic nature.

    twitter failed to get TM on tweet for example
     
    chandan123, Jun 13, 2010 IP
  6. Woodcs82

    Woodcs82 Well-Known Member

    Messages:
    2,588
    Likes Received:
    32
    Best Answers:
    0
    Trophy Points:
    150
    #6
    Did someone else snag the TM for Tweet???

    -C


     
    Woodcs82, Jun 13, 2010 IP
  7. bk871

    bk871 Well-Known Member

    Messages:
    2,442
    Likes Received:
    34
    Best Answers:
    0
    Trophy Points:
    150
    #7
    If it's a huge project that's going to become extremely popular and you're going to make a lot of money on it, go for it.
     
    bk871, Jun 13, 2010 IP
  8. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #8
    Forget most of what has been posted. You do not need to register a trademark in the US - it is automatic upon usage in commerce provided it can be trademarked. A registration does give you some additional rights and also helps prevent others (like some of the posters on this thread) from thinking it isn't a trademark because it isn't registered. You also do not generally register a domain name (i.e. microsoft is the trademark, that includes microsoft.com or anything else.) You also cannot go out and trademark a name that has already been used by someone else for a similar usage - You need to be the first, otherwise it can be contested or canceled. This is why twitter (which did apply for a trademark, was denied) - prior usage/confusion with existing - a fight which was still ongoing last I heard. They have also taken legal action against some sites using the mark.
     
    mjewel, Jun 13, 2010 IP
  9. Cheat

    Cheat Peon

    Messages:
    762
    Likes Received:
    11
    Best Answers:
    0
    Trophy Points:
    0
    #9
    How much cost to trademark a domain ?
     
    Cheat, Jun 13, 2010 IP
  10. Woodcs82

    Woodcs82 Well-Known Member

    Messages:
    2,588
    Likes Received:
    32
    Best Answers:
    0
    Trophy Points:
    150
    #10
    Thanks for the detailed clarification ! That really makes sense...

    -C

     
    Woodcs82, Jun 14, 2010 IP
  11. SiberForum

    SiberForum Banned

    Messages:
    1,536
    Likes Received:
    8
    Best Answers:
    0
    Trophy Points:
    80
    #11
    No you should not. Because if you trademark every domain name you are applying to that will make your domain names very expensive
     
    SiberForum, Jun 14, 2010 IP
  12. windy

    windy Active Member

    Messages:
    1,093
    Likes Received:
    3
    Best Answers:
    0
    Trophy Points:
    78
    #12
    you can trademark your domain if necessary
     
    windy, Jun 14, 2010 IP
  13. looking4vps

    looking4vps Peon

    Messages:
    1,495
    Likes Received:
    6
    Best Answers:
    0
    Trophy Points:
    0
    #13
    only if you intend to run any type business with it
     
    looking4vps, Jun 14, 2010 IP
  14. Pixelrage

    Pixelrage Peon

    Messages:
    5,083
    Likes Received:
    128
    Best Answers:
    0
    Trophy Points:
    0
    #14
    You can't trademark a domain. You can, however, trademark a brand name. Two different things.
     
    Pixelrage, Jun 15, 2010 IP
  15. feeyd

    feeyd Peon

    Messages:
    146
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #15
    I was about to say the same thing. i'll add...

    A 'trademark' is a mark, symbol or text that is used to portray an image of the brand or business to the customer or consumer, it does not have to be registered. Any logo or branding is usually a trademark and if you get the mark registered by the authorities then you are protected from infringement, you can also use the R sign.
     
    feeyd, Jun 16, 2010 IP
  16. SwimFinn

    SwimFinn Peon

    Messages:
    123
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #16
    You could trademark a domain name, if that your mark. But protection of "PetSmart.com" does not necessarily protect "PetSmart". However, if you own the trademark for "PetSmart" you could probably also separately trademark "PetSmart.com" -- perhaps because in the future you might rename your retail stores but wanted to keep the site-based products protected... but I suspect that "PetSmart.com" would normally be protected by the "PetSmart" trademark.
     
    SwimFinn, Jun 16, 2010 IP
  17. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #17
    There are cases where the mark is too generic to be trademarked, so the domain name is used. buy.com is an example.
     
    mjewel, Jun 16, 2010 IP
  18. jezzz

    jezzz Notable Member

    Messages:
    4,884
    Likes Received:
    190
    Best Answers:
    0
    Trophy Points:
    200
    #18
    I dont have any trademarks of any domains unless! i can say possess Branded Domains for some niche
     
    jezzz, Jun 16, 2010 IP