Domain Name Trademark Search
Registration of a domain name with a domain name registrar does not give you any trademark rights. Before registering a domain name you must first determine if it is available by conducting a search on the Canadian Internet Registration Authority CIRA website.
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Final word on trademarks and domains.
Domain name trademark search. The domain should function as a source indicator It must convey to whoever sees the URL what products or services are behind the name. Trademarking your domain name is an important part of protecting your intellectual property. You should search not only for your proposed domain name you also need to search for other names words or marks that are obvious close synonyms and variant spellings such as baloney and bologna and baskets and basketry and medicines and medicine and so forth.
The way to choose a domain name that satisfies your own marketing needs and doesnt get in the way of anybody elses trademark rights is to search as many existing trademarks as possible spot possible conflicts and then pick a name thats unlikely to generate a nasty lawyers letter. However the CD-ROMs do not contain images of the design marks. Performing this search is well worth the effort and as you will see below is not very difficult to perform.
A trademark identifies goods or services as being from a particular source. Domains are parsed into words and checked with the USPTO. Here are a few specific instances in which it would be advisable to look at acquiring a federal trademark over your domain name.
To check if a domain name is available just type it in GoDaddys search bar and well tell you immediately if someone else already owns it. If you find that a domain name is already taken its possible to locate information about the owner of the domain name. Type in the domain name choice and the registrar will determine if it is available.
Reasons to Trademark Your Domain Name. Federal and State SearchOnly 149. Apple fox we attempt to determine the risk factor based on the trademark holder and their history of filing trademark disputes.
To check if there are conflicting trade marks try our Trade Mark Assist tool. Since virtually all words are trademarked ex. Use of a domain name only as part of a web address does not qualify as source-indicating trademark use though other prominent use apart from the web address may qualify as trademark use.
If its taken you can search for your domain name using our WHOIS Lookup. Search firms are often listed in the yellow page section of telephone directories under the heading Trademark Search Services or Patent and Trademark Search Services Patent and Trademark Resource Center PTRC The Trademark Electronic Search System TESS is available in all PTRCs. The availability of a domain name can be determined by searching the website of an ICANN approved online registrar of domain names.
Paste in one or more domains in any format from CSV to text to HTML. Trademark owners are required to notify domain name owners that their registration and use of the domain name violates the legal rights of the trademark holder before requesting NSI to take action. A domain name and a trademark differ.
The way to choose a domain name that satisfies your own marketing needs and doesnt get in the way of anybody elses trademark rights is to search as many existing trademarks as possible spot possible conflicts and then pick a name thats unlikely to generate a nasty lawyers letter. Also these libraries have CD-ROMs containing the database of registered and pending marks. Every registrar provides a searching system to determine if a domain name is available.
Search for your name slogan or logo with the USPTO and all 50 States and receive a full detailed report based on similar trademarks across multiple classes and sub-classes. There are legal ways for you to stop another company from using. You can check the availability of your preferred business name and domain name using the Businessgovau name check tool.
If a domain name is unavailable it is easy to determine the owner. Because a domain name must be unique it is only available to one user. A domain name is the domain portion of your web address.
Intent to Use the Domain as a Trademark. You can potentially assert rights to the domain name in certain cases but not many. Maintain Your Rights If your domain name has a trademark the URL has protection under the USPTO law.
Or search for the domain in Whois Lookup. If you own the trademark registration you dont necessarily have any rights to the corresponding domain name or web address. To protect your financial investment be sure to conduct a trademark search BEFORE you purchase any domain name.
The websites InterNIC and ICANN list the approved registrars. There are a couple ways to see if a domain you want is available. If it is available you must still determine if using that name would infringe a third partys trademark rights.
Or try our Domain Broker Service where we can negotiate acquiring the domain from its current owner.
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