![]() ![]() “Having a trademark registration is very valuable. If the domain name is being used as the brand, then there will likely be additional use, such as prominent use on a website selling products or services, that the Trademark Office will accept. The Trademark Office requires proof that a mark is in use before it will issue a registration, and it will not accept a screenshot showing a URL with the domain as proof of use. What does that mean? Simply using a domain name as part of a URL is not going to be enough to secure a trademark registration. If they are using it as a trademark then yes, they should. “The question here seems to be whether a business owner should register their domain name as a trademark. would create rights in the mark-registration is not necessary. So applying a mark on a hangtag, label, packaging, sign, etc. “In the U.S., trademark rights are acquired by using a mark, not by registering it. The longer answer is a little more complicated. He told me that in short, yes, business owners should trademark their website domain names. Misthal is a trademark attorney with Gottlieb, Rackman & Reisman, P.C. Misthal, Principal, GRR Image courtesy of Marc P. Should you trademark your domain name?īelow, I’m sharing what they told me to help you decide when to consider seeing a trademark attorney for yourself. ![]() Now, because I’m not a lawyer and don’t pretend to be one, I went in search of people much smarter than me who could answer my simple question. This got me thinking about whether a brand or business should trademark a domain name. Copyright and trademarks have been on my mind a lot lately. In a recent post, I shared all I’ve learned about purchasing multiple domain name variations. Always consult an attorney or legal professional regarding your specific legal situation. This content should not be construed as legal advice. ![]()
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