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Trademarking a website name

• I own a website that provides free services including a listserv and other features. I would like to trademark the name of the website (not the domain name, just the website's name), under United States federal law (US Patent Office). My website currently offers space for banner advertising under a CPM (cost per thousand) model. In addition, I may possibly (not likely, but possibly) offer a membership subscription to a newsletter or online magazine as an extension of the website's features for a yearly fee. I may also include an online store offering mugs, shirts and other items of interest, but again I may not. Under these conditions, would I be eligible to apply for a trademark to protect my website's name, and ensure I won't lose it to future businesses or entities who might want to take the rights to the website name away from me, forcing me to find another name to us? Most importantly, does the website name qualify as a SERVICE MARK or as a TRADEMARK? Please include links to resources that support your answer. It would also be extremely helpful if you can show links that specifically address trademarking a website name that is either not commercial or only partially commercial in nature. Some examples of those who have successfully registered the trademark name of their website, where the only source of revenue is through banner advertising would be great, but not mandatory. Thanks in advance!

• Answer:

  Berean: Thanks for choosing Google Answers for your research needs. It has been a pleasure to research this for you. For your domain name to function as a trademark, it would have to be a unique mark aside from simply being used to access your site. More information about this is found here: "If I have a domain name, do I have a trademark? No, a domain name is not the same thing as a trademark. Use of a domain name merely as an informational part of the domain holder's Internet address does not qualify as trademark use. In order to qualify as a trademark or service mark, the domain name must function as a mark, that is, it must serve as an indicator of source and not merely as an informational part of an Internet web address. If the domain name functions separately as an indicator of source, the domain name may be registered with the Patent and Trademark Office as a trademark or service mark." http://www.inta.org/basics/ip/domnvtm.shtml All of the information you need to know about trademarks can be found at "Basic Facts About Trademarks" on the USPTO's site at: http://www.uspto.gov/web/offices/tac/doc/basic/index.html You don't need to take any special arrangement to get a "trademark" (™). A trademark is granted automatically by using the TM symbol in combination with any legitimate use of the mark. What the USPTO handles is Registered Trademarks (®). This grants you certain legal rights that owners of simple, unregistered trademarks don't have. http://www.uspto.gov/web/offices/tac/doc/basic/register.htm As for the question of "Service Mark" or "Trademark", it would seem to be a service mark. A service mark it a type of trademark which uniquely identifies a service. I don't know much about your situation, but if it were "Joe's Word Processor", that would be a trademark, but "Joe's Software Downloads" would be a service mark. "A service mark is similar to a trademark except that it identifies and distinguishes the services of one provider from another. For example, a McDonald’s hamburger is a trade name and a McDonald’s restaurant is a service mark, because the latter identifies McDonald’s restaurant services. For most practical purposes, trademarks and service marks are treated similarly." http://www.lawcommerce.com/research/faq_diff_smTm.asp "Trademarks? Service marks? What is the difference? While all marks are commonly referred to as trademarks, several different types actually exist. While trademarks and service marks are the best known types, there are also several others: - Trademarks are used on products (goods) (SARA LEE cakes, DELL computers). - Service Marks are used to identify services (MCDONALD'S restaurant, WALT DISNEY WORLD amusement park)." http://www.trademark.com/new_tmdocs/faq.html Search Strategy: Google Search: "About Trademarks" site:uspto.gov Google Search: "service mark" "trademark" difference Good luck with your mark. If you feel that there's something I missed, please drop a request for clarification, and I'd be glad to clarify. -- Sam Kennedy