trademarks

One of the most common ways to establish trademark rights is through Internet sales of goods and services. However, in order to qualify for a federal trademark registration based upon use on a website, you must follow technical requirements.

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!

The US Trademark Office website is a good starting place, but it is only the beginning and is not a substitute for a full professional search. Our firm will search trademarks that are pending and registered at the US Trademark Office as a preliminary screening effort. However, since marks need not be identical to prevent your registration based upon confusing similarity.

We are asked how to get a trademark in the United States. You must actually sell goods or services in New brand owners often ask how to get a trademark registration. In the United States, you must sell goods or services in interstate commerce (across state lines) containing the trademark. In much of the rest of the world, use is not required to get a trademark registration, since the first to register can obtain rights, even over a prior user.

Valid use means the trademark must appear on the goods, the packaging for the goods, or displays associated with the goods. When it comes to selling products on the Internet, the “displays” require one offer the product for sale with an online shopping cart that allows for purchase of the product or services.