As your Internet business grows, the value of your domain name
increases. The issue of a domain name trademark should move to
the top of your list. You need to guard against unscrupulous
competitors that may try to incorporate your domain name in
their meta tags to obtain search engine rankings under your
name. If you have a domain name trademark, you can go after
these individuals and compel the search engines to remove
their listings.
What Is A Trademark?
A trademark is a distinctive item that is used to identify a
logo, product, device, package or service. The trademark
identifies the item as being provided by a particular firm. To
protect these items you can obtain a mark
...month; Other companies that conduct a trademark search prior to adopting a trademark would most likely NOT adopt a mark closely the same or similar to the company s trademark; A registration on the Trademarks Register can be the basis ...
trademark office that prohibits others from trying to gain
economic advantage from your mark.
Domain Name
The patent and trademark office views domain names in a unique
way. The office views the http://www element as a part of
the file transfer process, not your domain name. The .com ,
.net , etc., designations are considered top-level domain
identifiers and are also disregarded for the purpose of a
domain name trademark. For example, our domain name is http://www.sandiegobusinesslawfirm.com. If we submitted the
domain name for registration, only the
sandiegobusinesslawfirm portion would be considered for a
mark.
Locators Cannot Be Registered
A domain name is a locator for file pages. When you
...operation of law. Can a copyright work be registered in the UK? There is no system of registration. However, copyright registration can be obtained in the USA for certain copyright works. What types of works are protected by copyright? Copyright ...
your domain name, a server locates and displays files. If a
domain is used solely for this purpose, it will not be granted
a mark. Instead, the domain name must be incorporated into the
site. For instance, Amazon is recognized as an online
bookstore and the site actually has the word Amazon on every
page. Since “Amazon.com” is more than a locator, Amazon can
apply for and receive a trademark. If Amazon used the domain
name, bookstore.com, the company would be able to register
Amazon , but not bookstore.
Generic and Descriptive Terms
Domain names that are generic or descriptive in nature cannot
be registered because they fail to designate a distinctive
product
...different industries with the same or similar names should not be an issue to one another. But, of course, like with so many issues dealing with names, there are grey areas and each situation differs from the next. While there ...
comprised of generic terms and describes who and where we are,
to wit, a San Diego business law firm. This domain name cannot
be trademarked. The same result would occur with bank.com,
book.com, advice.com, etc.
You may be thinking, What about Coke? “Coke” is a
trademarked term because it is a distinctive term for a soft
drink product. It just so happens that a brilliant marketing
plan has convinced most people to refer to soft drinks as
cokes , even if they actually prefer another brand!
Trademarks are an important factor in protecting your Internet
business. Armed with a trademark, you can keep competitors
from pulling traffic off
...of the claimant s trade mark in the defendant s advertisement fell within s.10(6) because the mark was identifying the service provided by the defendant; and ▪ the advertisement was not dishonest but rather a form of comparative advertising. The ...
for your site.
Richard Chapo is with http://www.sandiegobusinesslawfirm.com -
a law firm providing legal advice to California businesses.
This article is for general education purposes and does not
address every facet of the subject matter. Nothing in this
article creates an attorney-client relationship.
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