In the digital age, domain names are more than just web addresses—they’ve become valuable assets. For businesses and individuals, securing the right domain name can be crucial for brand identity, marketing, and online visibility. But what if someone else uses a domain name that mirrors your business name or product? Can you trademark a domain name to prevent this from happening? Read this article and contact a skilled New Orleans, Louisiana trademark lawyer from Lemler IP to learn more.
Before diving into whether you can trademark a domain name, it’s important to understand what a trademark is and how it differs from a domain name. A trademark is a symbol, word, or phrase that operates as a source identifier for a brand, service, or product. Trademark rights arise out of use in commerce, meaning that these rights arise from the use of the symbol. word, or phrase in commerce as associated with specific goods or services, these rights are protected under either common law trademark protection or via registration of the trademark. While common law trademark rights provide some protection, registration of a trademark provides significantly more. The purpose of a trademark is to distinguish the goods or services of one company or individual from those of another.
A domain name, on the other hand, is simply the address you type into a web browser to access a website. While domain names can be an important part of your business identity, owning a domain name doesn’t automatically give you trademark protection.
Domain names are issued on a first-come, first-served basis, and anyone can purchase an available domain name without needing to prove they own the trademark to it. This creates a potential problem for businesses that have spent years building a brand—what happens if someone else buys a domain that’s the same as their trademarked name?
The short answer is yes, but not every domain name qualifies for trademark protection. A domain name can be trademarked if it functions as a source identifier for goods or services. This means that the domain must be closely associated with a business or brand in a way that consumers recognize it as a representation of that business. For example, if you have a domain like “www.yourcompany.com,” and you use it consistently as part of your branding and marketing, it might be eligible for trademark protection.
However, not all domain names are eligible for trademark registration. Generic or descriptive names, such as “bestlawyerinlouisiana.com” or “qualitylegalservices.com,” usually cannot be trademarked because they describe a type of service rather than identify the unique source of the service. A distinctive or coined term, such as “Google.com” or “Amazon.com,” is more likely to be trademarked because it is unique to the company and immediately recognizable as such.
If your domain name qualifies for trademark protection, applying for a federal trademark can give you legal rights to prevent others from using similar names in a way that confuses consumers. The process involves preparing and submitting an application with the United States Patent and Trademark Office (USPTO), demonstrating how the domain name is being used in commerce, and proving that it serves as a brand identifier for the associated goods or services.
In addition to trademarking your domain name, consider registering similar domain names (common misspellings, variations, or alternative extensions) to prevent competitors or cyber squatters from acquiring them. This proactive approach can help safeguard your brand and keep your online identity secure. If someone does try to register a domain name that infringes on your trademark, legal actions such as filing a Uniform Domain-Name Dispute-Resolution Policy (UDRP) complaint or pursuing a lawsuit in federal court may be necessary.
© 2025 Lemler IP. All rights reserved.
Attorney Advertising