Distinctiveness
Even if the domain name is used to identify and distinguish your products and services, it must also be "distinctive." To benefit from trademark protection, the domain name cannot merely be a generic term or simple description of your goods or services.
For example, if you sold apples and registered a domain name like "apple.com," it would not qualify as a trademark because that is the generic, common term for that item. For Apple Computer, however, the term "apple" is used in an arbitrary way to identify and distinguish its computer products and is therefore accorded trademark status.
A domain name that is merely descriptive would also not qualify as a trademark. Although a company that sells coffee might be using a domain name like "FreshCoffee.com" as a source identifier, the mark merely describes the product and would not be protected under trademark law. (However, it might be with a name like "iFreshCoffee.com" or "FreshCoffeeOnline.com.")
When selecting a domain name, consider also:
- How it looks when written.
- How it sounds when spoken.
- What it means.
- Introduction
- Domain Names as Trademarks
- When is a Domain Name a Trademark?
- Forget the ".com"
- Distinctiveness
- Identify Your Products and Services
- What Trademarks Protect
- Benefits of Trademark Registration
- If You Don't Register
- Acquiring Trademark Rights
- Use in Commerce
- Intent to Use
- Trademark Search
- Why Trademark Search
- Electronic Filing
- Registration Refusal
- Post-Registration
- Trademark Infringement
- Cybersquatting
- Non-Infringing Use
