A domain name could be a unique name that is related to an IP address. Computers acknowledge the name and connect users to the IP address related to the name. for instance, "lenstax.com" could be a name. Lenstax is that the distinctive name and .com are that the suffix, or the last a part of the name, that is additionally noted because of the top-level domain (TLD).

 

There are varied suffixes offered, including:

 

• .org: Nonprofits
• .gov: Government agencies
• .edu: academic establishments
• .biz: Businesses
• .travel: Travel industry
• .mil: U.S. Military
• .net: Network-related entities

To view additional suffixes, visit the list of ranking domain names maintained by the net Corporation for assigned Names and Numbers (ICANN).

 

When will a domain name qualify as a trademark?

A trademark could be a name, symbol, logo, or different device accustomed to determine and distinguish a product or service from different competitors. Not each name can qualify for trademark protection. the utilization of common or generic names won't typically meet the factors of a trademark. name trademark appeal to a domain name if:

 

• It is distinctive or its distinction results from client association of the name and also the net business; and
• The owner of the name was the primary to use it in association with the sale of products or services.
• When trademark law protects a site name, the owner has the proper to ban the utilization of comparable names or misspelt names by others.

 

How do I check the provision of a domain name?

Because a domain name should be distinctive, it's solely offered to 1 user. the provision of a site name is determined by looking out the web site of an ICANN approved on-line registrar of domain names. The websites Inter NIC and ICANN list the prove registrars.

 

If a domain name is unavailable, it's straightforward to see the owner. a search on a web site like www.whois.net can retrieve the contact info of the owner. In some cases, it should be not possible to find the owner once the human provides false info to the individual.

 

If the owner could be a cybersquatter, an individual that registers, traffics, or uses a domain name with the intent to sell it for profit, it should be potential to still acquire the name once it's registered in unhealthy religion. There are 2 options: sue the squatter under the Anticybersquatter Consumer Protection Act (ACPA) or have the case arbitrated by ICANN. Arbitration is way more cost-effective than suing the cybersquatter.

 

How do I register a domain name trademark?

If a domain name is offered and isn't a protected trademark of another company engaged during a similar product or services business, an applicant will register for the name. ICANN provides a listing of approved registrars. The human can get to pay a fee, that is assessed yearly, and supply contact info. Once registered, the name owner has the prerogative to use the domain address, however, this right alone doesn't require others from mistreatment the name for a business or product.

 

How are quarrel resolved between domain names and an existing trademark?

If an organization already owns a federally registered trademark, it doesn't essentially forbid some other person from owning the domain name. here are some cases circumstances once a trademark owner will forbid the utilization of a domain name.

 

It infringes on a federally registered trademark: If another company uses a domain name that's almost like a trademark and is engaged in a very business providing similar product or services, the trademark owner might require its use beneath trademark law. this is often because the similarity between the trademark and also the domain name might confuse customers.

 

It dilutes a celebrated trademark: If the commercial use of a domain name dilutes or tarnishes the name of the famed trademark, the utilization of the name could also be terminated under trademark law.

 

Can a domain name trademark name be acquired to be used in the future?

Yes. the basis of a federal trademark application needs that the human has already used the trademark in commerce or has a true "intent-to-use" it. once the U.S. Patent and Trademark Office (USPTO) approves the mark, the applier should use it at intervals six months of the approval or request an extension. If the human fails to use the mark at intervals the closing date, registration won't be granted.

 

Would I like to contact an intellectual property attorney?

 

It depends. Following best practices could be a sensible begin, however, there might things wherever you wish the counsel of a legal skilled. as an example, you will need to file suit against a cybersquatter or defend against a legal challenge. notice a trademark lenstax lawyer close to you for help.

 

 

 

 

Additional Resources

 

 

• The U.S. Patent and Trademark office
• Conventional and Non-conventional Trademark
• Enforcing Trademark Rights
• Trademark Protection By Use or By Registration
• Top ten reasons to register your trademark
• What can't be trademarked in India?
• Should You Register Your Mark ?