domain names

Clients and marketing professionals believe registration of a domain name is sufficient protection and there is no need to register a trademark or service mark. So, here goes. This trademark attorney explains domain names and how they relate to trademarks.

Much of the misunderstanding arises from advice given by early Internet marketing experts who advised clients that descriptive search terms are all that are needed, since they afford instant search engine ranking. While a descriptive domain may garner high ranking in search results, most of them stink as trademarks!

Domain names are much like a street address, only the identify the virtual location of your website and business. Domain name availability is best searched through a domain registrar, or directly through the Whois Lookup. Securing a domain after searching domain availability is only the beginning since a domain does not provide protection for use of any distinctive terms contained in the domain as a trademark for the goods and services you sell at the URL.

There is often confusion amongst clients and their advisers as to the difference between registration of a domain name and registering a trademark or service mark. Domain names are not trademarks without proper use and one that is distinctive.