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How do I Trademark a Domain Name?

Donn Saylor
Donn Saylor

In order to trademark a domain name, you should follow a three-step process that includes researching your trademark, completing the appropriate application forms, and ensuring your domain name trademark is protected. A trademark is a sensible safety precaution that makes it less likely you will fall victim to identity theft. It will also help guarantee that visitors to your website will remember your brand and not confuse it with other sites or products.

To trademark a domain name, the first step is research. You have to make sure the domain name you want does not interfere with established trademarks. If your domain name sounds similar to a recognized trademark or deliberately confuses consumers about the goods or services being offered, the laws surrounding trademark infringement could come into play, and you could find yourself on the receiving end of a lawsuit. To protect yourself, first conduct a search at the national trademark authority's website and make certain the domain name you want to trademark is yours and yours only.

An application to register a trademark.
An application to register a trademark.

Secondly, you should acquire the necessary paperwork to trademark a domain name from your national trademark authority. In the United States, there can be as many as three different forms to choose from. One form is for those who have already utilized their trademark for commercial purposes, another is for those who intend to use the trademark for commercial purposes, and the third is for those seeking trademarks who live outside the United States and have registered the trademark in a different country. You can handle this process yourself, or you can seek guidance from an attorney or other trademark professional who will be able to guide you through the process and advise accordingly. Third party assistance, however, comes at a price and is charged on top of the filing fee to register a trademark. As you submit your paperwork, you will likely be required to pay a filing fee.

The final step in the process is to protect your domain name. The easiest way to do this is to use the trademark symbol (™) or the service mark symbol (SM) beside your domain name. You can utilize either or these symbols without registering your domain name as a trademark. After you have registered the trademark and received approval from the national trademark authority, you can use the registered trademark symbol (®) to officially trademark a domain name. The usage of these symbols alerts visitors to your website that your domain name is your property and maintained only by you for business or personal use.

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    • An application to register a trademark.
      By: fuzzbones
      An application to register a trademark.