Can I trademark something that already exists?
If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.
What happens if there is a conflict between an Internet domain name and an existing trademark?
What happens if there is a conflict between an Internet domain name and an existing trademark? Courts and arbitrators generally side with trademark owners in these disputes and order the cybersquatter to stop using the trademarked name.
Can a website name be trademarked?
Your domain name — the word or phrase that identifies your Web site (such as AllBusiness) — may qualify as a legal trademark if you use it in commerce or if you notify the U.S. Patent and Trademark Office (PTO) that you intend to use it in commerce. In other words, merely reserving a domain name isn’t enough.
Is it illegal to use someone else’s trademark?
Properly attributing the trademark to the owner is the main way to identify trademark permission. Filing for a trademark protects your intellectual property from being stolen or copied. Using someone else’s trademark is against the law, and that use comes with legal rights.
Can your website name be different from your business name?
While .com is the most popular extension for businesses, you can also use . net, . company or one of many others. However, keep in mind that since most people naturally type in .com when they do an online search, there’s a good chance that people will type in YourBusinessName.com and end up at a different website.
Does trademark protect domain names?
A mark comprised of a domain name may be registered as a trademark or service mark in the U.S. Patent and Trademark Office. However, just like any other mark, the domain name is registrable only if it functions to identify the particular source of goods or services offered.
Can you use another company name on your website?
The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.
Is the name of your website URL a trademark?
In the 21st century, the name of your website URL is just as important as the name on the front of your store. Fortunately, trademark protection also applies in the digital world. If another business attempts to register a domain name (that is, a Web address or URL) that is the same as your business name, you can seek relief in court to stop them.
Can You trademark a domain name that is the same name?
Fortunately, trademark protection also applies in the digital world. If another business attempts to register a domain name (that is, a Web address or URL) that is the same as your business name, you can seek relief in court to stop them. Why Register Your Trademark?
Do I need a trademark to register my business name?
Interestingly, you do not need a federally registered trademark to prevent a competing business from using your business name in its website address. So why bother registering it as a trademark with the U.S. Patent and Trademark Office (PTO) at all?
Can another business register the same domain name as my business?
If another business attempts to register a domain name (that is, a Web address or URL) that is the same as your business name, you can seek relief in court to stop them. Why Register Your Trademark? Interestingly, you do not need a federally registered trademark to prevent a competing business from using your business name in its website address.