Small Business Resources, Business Advice and Forms from AllBusiness.com

How to Trademark a Domain Name

Note: It's a good idea to do a trademark search even before you register your domain name, since domain registrars are not obligated to check if a requested name violates an existing trademark.

In other words, getting the domain name you request says nothing about whether it will conflict with someone else's trademark. And if you do receive a domain name that creates a trademark conflict, you could lose the right to it if the trademark owner takes legal action against you. Read Trademark Infringement for more information on this topic.

Fill out an application. There are three ways to apply for a U.S. trademark: one for applicants who have already used the mark in commerce (a "use" application); a second for those who haven't yet used a mark in commerce but intend to do so (an "intent-to-use" application); and a third for applicants who live outside the United States and have registered the mark in another country. You can fill out any of these applications, check them for completeness and submit them over the Internet through the USPTO's Trademark Electronic Application System.


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Interview with Maria Giudice, chief creative officer of Hot Studio.