Online Basics

Do You Need a Trademark For Your Domain Name?

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Category: Online Basics , Choosing A Domain Name

Registering a domain name for your online business is an essential step towards getting online. Your web address will become your online identity -- the word or phrase that people will use to find you on the Internet whether using a search engine or typing directly into their browser. For some online businesses, trademarking a domain name is either unnecessary or impossible. However, others acquire a trademark to provide them with the legal recourse they’ll need should infringements against their domain occur.

After all, why let someone else profit from the hard work you’ve put into developing your brand -- and your website -- if there is a way to prevent it?  With a trademark in place, you may be able to challenge any company who uses a similar domain name and sells similar products and services.

Keep in mind that your domain name may be especially vulnerable if:

You are an online-only business

If your business only operates online, your domain name is essentially your entire identity. With such importance placed on your web address, your need for protection is much greater.

You use a branded domain name

If your domain is your company name, corporate identity theft becomes a larger issue. While it is not possible for someone to register the same domain name, they may use a “spin-off” of your web address that accomplishes the same goal. On the same note, trademarking a domain is probably not a solution for someone who uses a vague domain name that describes the products and services offered by a company, rather than the company itself. In fact, acquiring such a trademark could be impossible.

You don’t register alternate extensions of your domain name

When registering a domain, it’s typically a good idea to register alternate extensions and common misspellings before your competitors can. For example, the website janesbagels.com might also register janesbagels.net or jansbagels.com. While the cost of maintaining multiple domain registrations can certainly add up, it may still be less expensive than obtaining a trademark for your domain name.

 Before applying for a trademark for your domain name, consider your business’ vulnerability to brand theft.  If you are high-risk – and your budget will allow the extra cost – it could be a worthwhile investment.