Why Trademark Search?

It is not uncommon for an online business to develop a website and start doing business when a cease and desist letter arrives from a law firm - advising that the domain name infringes someone's trademark!

The reason this occurs is because the mere registration of a domain name does not confer any trademark rights in the name or provide any right to use that domain name for commercial purposes. As long as the domain name is not already registered, it is considered "available" by the domain name registrars. However, when selecting a domain name, you need to know more than that your chosen name is available. Trademark rights must also be considered.

Should you infringe someone's trademark, you could be prohibited from using the domain name and be liable for money damages and attorney's fees. Having to start over under a new domain name would certainly cause consumer confusion, a loss of website traffic and customers and could even destroy your online business.

The way to avoid this situation is by performing a Comprehensive Trademark Search before using any domain name. Because trademark rights can be established by use, a prior user somewhere in another state could have superior rights in a name in association with the same or related goods or services as yours - even if they don't have a website and haven't registered a domain name.

Before starting any online business and using a domain name in interstate commerce, it is imperative that you first determine that your chosen name does not infringe anyone's rights and is available for your intended use. Only a Comprehensive Trademark Search can help you make this most important business decision- before its too late!

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