Should I trademark my website name?

If someone has or is going to have a website name do they trademark it or copyright the website name?

  • Answer:

    Names and titles cannot be enforced by copyright in the USA. You might be able to obtain some protection under trademark laws. Domain names are globally unique, unlike a trademark, which could be used by many different companies at the same time. If you happen to obtain the optional registration for a trademark, you may be able to use that as leverage against certain types of websites that happen to have the same brand or a similar domain name (e.g., ABC.org and ABC.com are similar, but refer to completely different businesses). In general, unless their use creates a "likelihood of confusion" among your customers, you can't stop them.

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Other answers

I'm not sure that there are protections for domain names, other than the fact that you own it as long as you make the payments. If the domain names coincides with a registered, copyrighted business name that Cyber-Squatting laws may prevent others from using variations of the name with other top level domains (.org, .net, .biz etc.) As a preemptive measure some site owners also but those variations of the name to prevent others from having it.

Jake

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