Do I need to trade mark my domain name?

Domain names are a vital part of any business and a priority for any start-up. You can’t have a website without a domain name, and a website will enable you to sell products and services to your clients on a larger scale. Time is of the essence when protecting your brand, including purchasing a domain name and registering a trade mark.

But what’s the difference between a trade mark and a domain name, and do you need to trade mark your domain name? Let’s have a closer look! 

What’s the difference between a Domain Name and a Trade Mark? 

Your domain name is the key to your online presence. It provides your visitors with insight into what products or services you offer at any given moment, but also to access and purchase your products or services.  

Domain names are a powerful marketing tool and brand asset that can help you reach more potential customers. Your domain name may be the same as your business name or core brand, perhaps with some added descriptive wording – like Tesla using the domain name “teslamotors.com”. Instead, your domain name might be a fun and effective play on your brand or business name – like Peanut Butter & Co using the domain name “ilovepeanutbutter.com”. However, registering a domain name will only prevent others from using that exact same domain as it’s no longer available and having a registered trade mark doesn’t automatically entitle you to the domain name.

A registered trade mark, on the other hand, can be relied upon to protect and enforce your rights to that domain name and confusingly similar names. When you register a trade mark, you are effectively providing your brand with a shield and sword: you can use it to stop others from using a similar mark without your permission (shield), and you can take legal action if someone does (sword). Want to know more about how a trade mark can help your business? Check out our video below!

Can I trade mark my domain name?  

Trade mark registration can offer a high level of protection for your domain name, provided that your trade mark satisfies the relevant trade mark requirements. In order to trade mark your domain name, the general rule is that it must be used as a badge of origin which distinguishes your goods or services from those of other traders. 

If your domain name consists of the name of your branded products or services, then you can and should consider registering a trade mark for your domain name. In any other case, it is important to check if your domain name refers to your products or services with the aim to distinguish those to the ones offered by your competitors. 

If you think your domain is an asset for your business, it’s worth protecting its name with a registered trade mark. Your domain is essential to your online presence, especially if your business only operates solely online – it’s how customers find you, buy from you, and it’s often the first thing they’ll think of when they think of your business. That’s why it’s so important to make sure your domain name is protected with a registered trade mark.  

Domain names which are not used as trade marks, for example, if your domain name simply describes your products or services on offer, it may be more challenging to trade mark your domain name, however not impossible. Without trade mark registration, it may be difficult to enforce your rights if another party starts using a similar domain name for similar goods and/or services. If that case, we recommend having our team of trade mark experts provide you with tailored advice on how to protect your valuable brand. 

We can assist with a range of domain name disputes.

Why should I trade mark my domain name? 

1. Obtain legal rights

A trade mark can shield your domain name from being used by another company, including any confusingly similar domain names, and gives you the legal right to take action if someone does try to use it without your permission.

2. Protect your image

Trade mark protection can also help you to control your online image, and stop others from taking advantage of your brand.  

In short, a registered trade mark is a powerful tool for protecting your domain name – and your business. The power of a registered trade mark is not to be underestimated.  

Key Takeaways 

Domain name registration does not grant you any rights to the wording and only blocks other traders from using the exact domain name. 

If you feel your domain name is valuable to your business, and is a true asset, it is vital to obtain a registered trade mark for your domain name so you can stop others from using a similar brand or domain name for similar goods or services. 

If your domain name consists of generic terms, it may be more difficult to obtain a registered trade mark and you may wish to seek expert legal advice. 

Unsure if your domain name can be registered as a trade mark, or want to get started right way? All you have to do fill out our contact form or call our office to talk to one of our trade mark experts. 

We look forward to helping you achieve trade mark protection over your domain name. 

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