What Is Trademark? Domain Glossary

Why it matters

The USPTO says you gain trademark rights by using a mark, but those rights are limited to the area where you operate. Registration gives nationwide rights. For domain deals, trademarks matter because a brand owner can file a UDRP complaint or a lawsuit against a name that copies its mark. Common words can be trademarks too, in specific fields. A buyer should search the USPTO database before buying a name to build on. Common mistake: assuming a generic word is always safe. Use matters, so check how the name will be used.

Source: uspto.gov

Where we use this term

Related terms

Common law trademark: A common law trademark is a right that comes from actually using a name in commerce, without a government registration. The right is limited to the area where the name is used.
USPTO: The United States Patent and Trademark Office, the federal agency that examines and registers US trademarks. Its public trademark search tool is a first check for brand conflicts.
UDRP: The Uniform Domain-Name Dispute-Resolution Policy, ICANN's rules for resolving trademark-based complaints about domains. A complainant must show three elements, and the usual remedy is transfer or cancellation.
Confusingly similar: Confusingly similar is the first test in a UDRP complaint. It asks whether the domain name is close enough to a trademark that the mark is recognizable in it.
Trademark Clearinghouse (TMCH): The Trademark Clearinghouse is a central ICANN-mandated database of verified trademarks. Brand owners record marks there to get early access to new domains and notices when others register matching names.

All 205 terms

Why it matters

Where we use this term

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