A website is a basic element for any business today. When creating a domain name, many businesses settle on something that fits their product, but fail to reap the full potential of domain-naming by failing to make it a trademark. If you want to make dual use of your domain name, as not only a place in cyber space and but also as a trademark in which your have an ownership interest, keep the following in mind:
- The standards for acquiring a domain name and a trademark are different. Just because a domain name is available doesn't mean it's capable of being trademarked. Trademark is governed by state and federal law and has completely different requirements.
- The purpose of trademark is to distinguish your business from competitors. Don't get fixated on a domain name that's identical to your business name. If it's available, great. But if it's not, you can probably come up with a domain name that echoes your business name and that is distinct enough to earn trademark protection.
- Think about trademarking early. Trademarking in cyber space is competitive. Tons of businesses establish an online presence every day. Business in cyber space happens so fast that your opportunity could be gone in an instant.
The above considerations are provided for informational purposes only. To find out the requirements for trademark, and whether your domain name could become intellectual property, it is best to consult with an attorney.
