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My Suggestion Want To Be The First Owner Of Your Domain Name? Find Out How!

Discussion in 'General Marketing and Promotion' started by rahuldas, Mar 16, 2016.

  1. rahuldas

    White Belt

    Jan 5, 2016
    +2 / -0
    Domain name is very important as they hold the key to your site and more importantly your business and popularity. Domain name is actually the identity which I guess everyone wants to hold on to tightly. But sometimes, trademark infringement arises which may lead to market complications and legal tussles. This article will elucidate about what is trademark infringement and how to avoid it.
    What is Domain Name Trademark? Is it some deal? Yes kind of. Owner of a particular domain name holds the right for that particular name. The name is associated with the owner. Brand name such as Samsung, Dell, Apple, amazon are the domain names that are not a part of everyday vernaculars. So they fall under the Domain name trademarks. But terms such as clothing, buy, electronics are common terms which can be used anytime. So they don’t exactly fall under the concerned category.
    So when can you consider your domain name as trademark? Well as mentioned above your domain name should contain keywords that are uncommon and are not used quite often but at the same time explain the contents of your site. Only then they can be qualified as trademark and you can register with the US Patent and Trademark office. It is always advisable to register before for trademark protection. According to the Ninth Circuit U.S. Court of Appeals you can register for trademark protection if and only if your domain deals with business in commerce i.e. sell products or offer services.
    So how can you exactly get your name trademarked? First do a recce of the existing domain name trademarks. This will help you choose your domain name wisely. But before that, register your domain name with the concerned authority. After you are satisfied, go ahead and fill up the application form. The charges are extremely nominal which is non-refundable even if your application gets rejected. If domain name infringement arises after this then you may invite legal trouble. Domain name infringement arises when there is some conflict between the domain names. If your name contains keywords which is already present in the register then domain name infringement arises. So what are the possible situations in which we can witness domain name infringement?
    1. If the domain name already exists.
    2. If the domain name is covered by U S Federal Law and protected by them.
    3. If the domain name is ambiguous. Customers getting confused about two identical domain names. In that case domain name registered first wins.
    4. If you have original trademark earlier. Repetition may cause you losing the entire bulk. So avoid.
    Now to avoid this conflict all you need to do is be ethical and abide by the rules. After a reconnaissance choose your keywords wisely. Don’t be too generic as they may repulse potential customers. Don’t be too complicated. Be the boss and attract customers.
    Well you can resolve trademark infringement through long legal battles. If you find out that someone else is doing business by your name you may file a lawsuit. But sometime it is time consuming. So it’s better to be safe than sorry.

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