Get the facts on domain trademarks. Don’t bother wasting money on a company name you can’t use due to trademark issues.
While conducting some research on domain names and the idea of trademarking one, I came across a great article. In it, the author delves into the concept of domain name trademarking and infringement on one. One mantra we live by at Brandings is, it doesn’t make sense to get a great domain name if you can’t use it. One thing that makes Brandings better then our competition is, we do the research upfront. Our team undertakes the preliminary trademark screening as part of our Comprehensive Brand Evaluation Report (CBER). A full description of which can be found at How Brandings Works.
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So you’re ready to start an on-line business and you’ve poured all of your creativity into a brand name you really like. You are now logged into a Go Daddy account and you’re ready to buy a domain…STOP! Don’t do it yet.
Checking Domain Availability
It would seem all you have to do is check to see if that domain name is available, but that is so “not true”. You see, it’s possible that you could pick a name that is trademarked by someone else. And the worst part, “I didn’t know someone had a trademark” is not going to work as a defense. All the trademark owner needs to prove is that they owned the trademark (and properly registered it) and you used it. That’s it. In many cases, there is $100,000 in statutory (automatic) damages awarded plus attorney fees. IP, or intellectual property, attorneys are very expensive and those attorney fees could run up another $50,000, bringing your total liability to $150,000.
So before you pick that name, you need to do some searching yourself. First, go to TESS, the Trademark Electronic Search System and select the free form search. Next, put in the domain you want (you will also want to put in variations that are logically close, such as synonyms and variant spellings) into the search term.
Domain Trademarks | Infringing on Trademarks with your Domain?
For instance, I see a lot of people creating sites like carboncopyproreview or carboncopyproscam. Those are completely infringing. See for yourself by typing in “carboncopypro” into the search term and click on submit query. You will quickly see that it is owned by JAY KUBASSEK, INC. CORPORATION.
If your search turns up any names that are the same or similar to your proposed domain name, ask these questions:
- Is your business/website going to offer goods or services that compete with the goods or services being sold under the similar domain name?
- Is your business/website going to offer goods or services that typically are distributed in the same channels as the goods or services being sold under the similar domain name?
- Is it possible your business/website could take business away from the site with the similar name?
- Is your business/domain name so similar to the other domain name that people search for that one end up on yours?
Even worse, now you have to start back at square one and pick out a new name for your business.
– Tommy Merlot mentors entrepreneurs. Tommy created TommyUniversity, which sold out in 24 hours. Now Tommy teaches others on how to lead with value. You can read more about me at my blog Tommy Merlot Blog. Pay it forward my friends…Article Source: Ezine Articles.com
Domain Trademarking Update
The more things change the more they stay the same. Every entrepreneur should always check to see if their startup name is available for use before you buy it. Our team of experts has pulled together some great information about trademarking and made it available. One tip we included is some free ways an entrepreneur can check their name for use. Please check out the Brandings About Trademarks and Other Questions article. And as always feel free to use it as a resource for guiding you though this issue.
Finally, please don’t forget, if you have any ideas, questions or tips please let us know by posting it below.