Trademarking your Domain to Protect your Cyberturf
When you're setting up a new website, one of the first things you do is to purchase and register your domain name, either through your web hosting provider or a domain registration company. Your domain names are your site's identity in a sea of other sites, and you're investing a lot of confidence in that domain. One thing you might not think of is trademarking it too. There are some very solid reasons for trademarking your domain.
One of the best reasons to trademark your domain name is to protect against domain name hijacking. Anyone signing up for web hosting should consider this possibility. The practice of domain name hijacking is taking a popular domain name and modifying it slightly in hopes of deceiving consumers into thinking they are going to your site.
If, for example I were to go through domain registration to set up an online book store with a name very similar to Amazon, or one that incorporates the word Amazon into it, I could siphon off Amazon's customers. While it may be good for my business in the short term, if the real Amazon found out about it, they'd probably be less than pleased.
Domain name hijackers have in some cases ruined reputations of honest websites by creating and web hosting spoof sites. These are sites that intentionally misuse names of legitimate sites in a harmful way. Suppose I registered the name ihateamazon.com and filled it with malware or pornography, or some other less-than-wholesome content. Assuming my site started generating traffic, I could expect an email from Amazon's legal team.
Because amazon.com has trademarked their domain name, they would have legal recourse against those who would go through the domain registration process to maliciously set up a site that drew traffic because of the popularity of Amazon. You can bet that those who try to do this are swatted down like so many flies by cease and desist letters and further legal action if Amazon deemed it necessary. You might well want this kind of legal armor when web hosting your domain name, too.
That way, if someone tried hijacking your domain, you could take them to court to make them stop on the grounds that it infringes on your trademark.
Trademarking can cost you money, and is not part of the domain registration or web hosting process. You can do the paperwork yourself and submit it for a few hundred dollars, and if you hire a trademark lawyer to do it for you, it would rapidly reach the thousands of dollars. But it is an investment you should strongly consider. You would be relieved to have trademark protection if you find out someone is trying to use your domain name illegally to serve their own purposes.
If your domain name is the same as your name or the same as your business' name, then trademarking the domain even before registering the name and getting web hosting is a wise move. You don't want someone else benefiting from your site's popularity, particularly if they are doing it in a way that would shock or disturb your legitimate customers were they to go there by accident.
Before filing an application for a trademark with the U.S. Patent and Trademark Office (USPTO), conduct a trademark search to find trademarks that might conflict with yours. You can do this by going to the USPTO website (www.uspto.gov) and using the resources available there, or you can hire someone to do it. This is a good thing to do even before you register your domain name, because if you choose a domain name that conflicts with someone else's trademark, you could lose your right to it.
Once you have done a trademark search and done your domain registration, you can fill out the application for a trademark online, also through the USPTO website. You'll also have to provide a drawing of your trademark on its own piece of paper and pay the filing fee. It will take about four months, but the USPTO will review your application and determine whether it can register your trademark.
To let the public know that you have trademarked a domain, use the TM or SM symbols with the name. After the USPTO registers it, you can use the ® symbol. Your trademark registration lasts 10 years with the option of renewing in 10-year intervals. However, between the 5th and the 6th year, you need to file an affidavit to continue with the registration, or the registration will be canceled. Web hosting your business is a big undertaking, and trade marking your domain is a way to protect your investment.
Questions and Answers
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