Cybersquatting

Once you own rights to a trademark, you can also prevent others from registering or using that mark as a domain name. Even if you don't use the trademark as a domain name, you can still protect it and prevent others from using it.

Anyone who has registered a trademark or has a prior claim to a mark has the right to protect it and can prevent others from using that trademark as a domain name. For example, if you own the federally registered trademark "My Name," and someone else registers or uses the domain name www.myname.com, you may be able to obtain a transfer of that domain name under domain name dispute proceedings.

Cybersquatting refers to registering a domain name that is identical or similar to a distinctive trademark. It is not uncommon for a "cybersquatter" to register a domain name with the intention of selling it later on for a profit. Generally, under the Uniform Domain Name Dispute Resolution Policy (UDRP), a trademark owner can seek a transfer of a domain name registered by someone else.

If someone registered the domain name in bad faith (e.g., to sell it to you for a large profit) or has no legitimate interest in that trademark, your trademark rights can result in an ordered transfer of the domain name from the "cybersquatter" to you, the rightful trademark owner.

Along with preventing others from using your trademark, you also want to be sure that you are not infringing on the rights of others. Before registering a domain name, you should perform a trademark search to be sure that you will not be infringing someone else's trademark. Just because a particular name is available for registration, doesn't mean that no one else has rights to that name. Once you have determined that the domain name is available and is not infringing the rights of others, the best way to protect it is through federal trademark registration.

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