Most business owners are keenly aware of the importance of a domain name that is both memorable and matches your company’s branding. However, when it comes to branding and brand protection, the most important tool for a brand owner is a federally registered trademark. A good domain will help build your brand, but trademark registration will ensure that your brand is protected against infringement – including potentially even from similar domain names.
What is a Trademark?
A trademark is typically a word, phrase, or logo that identifies and distinguishes the products or services of one company from those of others. It represents the brand identity of your business and helps consumers recognize the source of goods or services. In essence, trademarks are crucial to protect your branding.
Trademark rights are established through use but are best protected through federal registration with the United States Patent and Trademark Office (USPTO). Federal trademark registration grants exclusive rights to the name or logo for your goods or services throughout the United States. This protection can last indefinitely so long as you keep using the trademark and renew the mark every five or ten years.
In addition to words and logos, trademark protection can sometimes extend to sounds and colors. For instance, the NBC three-note chime and Nationwide’s “Nationwide is On Your Side” jingle are both federally registered sound marks.
What Does a Domain Name Protect?
A domain name is the web address that directs users to a specific website, such as eBay.com or KJK.com. Its primary function is to represent an online location. Importantly, a domain name does not protect any other aspects of your brand. Just because you own a domain name does not mean you can stop anyone else from using that phrase. This is where trademark rights come into play. If you have a registered trademark, you can stop infringers from using your mark or a confusingly similar mark for the same or similar goods or services.
Furthermore, a registered trademark can even sometimes be used to protect against someone using a domain name that is similar to yours. If someone is infringing your trademark in a domain name, in addition to traditional enforcement through the court system, trademark registration owners can also resolve domain name disputes through processes like the Uniform Domain-Name Dispute-Resolution Policy (UDRP), which allows a registered trademark owner to effectively seize an infringing domain.
Business Owners Should Obtain Both a Registered Trademark and a Good Domain Name
In effect, a domain name gives a business an online presence, while a registered trademark offers comprehensive legal protection for a brand, helping prevent others from using similar marks. Owning one does not automatically provide rights to the other, but each is integral to differentiating and protecting your brand in the marketplace. When considering a new company, brand, or product name, you should look at both the availability of a trademark and a good domain name.
Trademark Protection and Enforcement
If you are interested in trademark protection for your business, need assistance with enforcement against an infringer, or need help defending your use of a term, please contact KJK Intellectual Property & Technology partner Scott Brown at sgb@kjk.com or by phone at 614.427.5752.