Domain, Trademark - Two Different Things

Q: I have registered my business name as a domain name. Is that enough to protect my company's trademark?

A: Simply registering a domain name or your company name does not provide you with trademark protection.

Even though your trademark and your domain name may be the same word or phrase, it's important to understand that they are completely different things.

A domain name might be most simply described as an internet network address that is readable in human language. An available domain name can be obtained on a first-come, first-served basis, with relative ease via payment and registration of the name with a domain name register.

Generally, there are very few requirements to obtain/maintain a domain name, and there is no examination process, for example, to evaluate confusion with other domain names.

On the other hand, trademarks/service marks, collectively referred to as trademarks for convenience, might most simply be described as a source identifier for goods and services.

To apply for a federal trademark registration with the U.S. Patent and Trademark Office, the applied-for mark must undergo an examination process that considers, among other things, whether the mark is likely to cause consumer confusion with any previously registered marks.

Furthermore, to complete the registration process, an applicant will need to provide evidence of use in commerce, known as a "specimen of use." The Trademark Act defines "use" as "the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark."

As you can see, the manner in which a mark is...

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