When is a Domain Name a Trademark?
When a domain name is used merely to identify a domain's location or address on the Internet, it is not being used in the trademark sense. To function as a trademark, the domain name must also function as a "source identifier." This means that the name should be used to identify and distinguish your website as a source of particular goods and services.
For example, domain names like "ebay.com" or "amazon.com" or "directlegal.com" are used as source identifiers because they are not being used merely as an address, those are also the company names and they sell services or products under those names.
If, however, a company sells products or services under a name like "Abel, Baker & Charlie," but registers a domain name like "abc.com," that domain name is not being used as a source identifier. It serves only as an address where you can find the website. Consequently, it would not be protected as a trademark.
- 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
