As your Internet business grows, the value of your domain name increases. The
issue of a domain name trademark should move to the top of your list. You need
to guard against unscrupulous competitors that may try to incorporate your
domain name in their meta tags to obtain search engine rankings under your name.
If you have a domain name trademark, you can go after these individuals and
compel the search engines to remove their listings.As your Internet business
grows, the value of your domain name increases. The issue of a domain name
trademark should move to the top of your list. You need to guard against
unscrupulous competitors that may try to incorporate your domain name in their
meta tags to obtain search engine rankings under your name. If you have a domain
name trademark, you can go after these individuals and compel the search engines
to remove their listings. What Is A Trademark?A trademark is a distinctive
item that is used to identify a logo, product, device, package or service. The
trademark identifies the item as being provided by a particular firm. To protect
these items you can obtain a mark from the patent and trademark office that
prohibits others from trying to gain economic advantage from your mark.Domain
NameThe patent and trademark office views domain names in a unique way. The
office views the http://www element as a part of the file transfer process, not
your domain name. The .com, .net, etc., designations are considered top-level
domain identifiers and are also disregarded for the purpose of a domain name
trademark. For example, our domain name is
http://www.sandiegobusinesslawfirm.com. If we submitted the domain name for
registration, only the sandiegobusinesslawfirm portion would be considered for a
mark.Locators Cannot Be RegisteredA domain name is a locator for file pages.
When you type in your domain name, a server locates and displays files. If a
domain is used solely for this purpose, it will not be granted a mark. Instead,
the domain name must be incorporated into the site. For instance, Amazon is
recognized as an online bookstore and the site actually has the word Amazon on
every page. Since "Amazon.com" is more than a locator, Amazon can apply for and
receive a trademark. If Amazon used the domain name, bookstore.com, the company
would be able to register Amazon, but not bookstore.Generic and Descriptive
TermsDomain names that are generic or descriptive in nature cannot be registered
because they fail to designate a distinctive product or service. For example,
sandiegobusinesslawfirm is comprised of generic terms and describes who and
where we are, to wit, a San Diego business law firm. This domain name cannot be
trademarked. The same result would occur with bank.com, book.com, advice.com,
etc.You may be thinking, What about Coke? "Coke" is a trademarked term because
it is a distinctive term for a soft drink product. It just so happens that a
brilliant marketing plan has convinced most people to refer to soft drinks as
cokes, even if they actually prefer another brand!Trademarks are an important
factor in protecting your Internet business. Armed with a trademark, you can
keep competitors from pulling traffic off the search engines when people search
for your site. ABOUT THE AUTHOR Richard A. Chapo is with
SanDiegoBusinessLawFirm.com - This article is for information purposes only.
Nothing in this article is intended to address the readers specific situation
nor does it create an attorney-client relationship.
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