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08 April 2018

How To Check Domain Name Registered As a Trademark


Trademark checking at the beginning of any one domain purchase is a fairly obvious thing, but sometimes it is ignored. So, what does it mean that you have a trademark word in your domain? In today's post, I'll present my opinion about various topics related to a trademark check and some of the words that have been registered as a trademark. It can be a very easy matter to ignore what might be wrong; For example, buying a domain that contains the word "app". Which may be the reason for the debate with Apple Inc. This may happen in new investors, which may not seem to be a generic trademark.

Your domain name is just a web address, where, there may be different domains for different products. So the trademark check may be a little complicated for you. Also, there are many different types of distinctive marks, like; Word Mark, Design Mark, Relevant Design Codes, which are essential during the trademark check, So you will find out your domain name by searching the topic of your domain name.

Find out more about Copyright and Trademark: 

What Kinds of Trademark Are There?

There are several types of trademarks and that can be combined in different ways to align with personality or a brand look. Trademarks include:

● Brand names like Apple, Google, Facebook, Coco Channel, 
● Product names like  Big Mac and iPod
● Company logos like NBC's peacock logo and the golden arches at McDonald's
● Slogans like McDonald's "I'm lovin' it" and  Capital One's "What's in your wallet?"
● Words in a stylized font like "Ebay" and "Coca-Cola" 
● Colors like and Cadbury Egg
● Purple (Pantone Color PMS 2685C) and National Breast Cancer Foundation Pink
● Product shapes like Apple iPod and the Coca-Cola bottle 
● Sounds like the 'Yahoo!' model and the three tone chime at NBC 
● Fictitious characters like the Pink Panther and the talking gecko at Geico 
● Symbols (also known as devices) like the Mercedes emblem and Nike swoosh symbol
● Combination (also known as composite) marks include more than one feature the signature Tiffany & Co. gift box (a name and a shape) and like the Starbucks coffee emblem (a name and a symbol)

How To Do The Trademark Check?

For Trademark Checks, you can get information on potential risks for your possible purchase through a quick search on the trademark database at United States Patent and Trademark Office (USPTO) or Trademarkia websites.UDRPSearch.com This site also allows you to see whether any UDRP's have been filed in the past for exact domain name or for similar domains.

Apart from these, to trademarks check according to different countries, you can easily search the information from this site at trademark-search.marcaria.com. This is a free trademark check tool, which supports more than 70 countries and judiciary. Here you can check the trademark, by name, number or applicant's name.

Besides, buying a domain name may be a matter of concern that the name of the products of the trademark company can be countless, which will be included in the trademark term. For example, a pharmaceutical company may have many naming medications. For this reason, the company's name should be found from the product's external data and then it is possible to check the trademark of that company. Likewise, in the online field, you can find company names from product name reference by searching through Google search.

Other trademark terms are not applicable for domain name selection, but if you are concerned about a different issue, then you can get to know by trademark check.

Some other website for registered trademark check information: markify, compumark, marquesa, trademarkfactory

Special Use Of Words and Trademark Check 

You should not use any of the registered trademarked words. It can be a product name or brand name which is included in the trademarks term. For this reason, when you think of a name, keep in mind the trademark check. So, to know about these types of words, visit this wikipedia.org pagedigitalsynopsis

Apart from registered trademark words, you should also be aware of other words, which can be searched by Google search, whether a product or brand name is already present in that name. If that name already exists, in any dispute, that person may get priority, even when preparing a trademark registration.  

So it is better not to use the same name. Also, in other ways, if you use it, you are promoting the product or business of others, as long as the real owner has an objection due to your activities.

However, while determining the name, apart from registered trademark words, you can make some changes in the original name while selecting other words. In this case, you can use 2 or 3 words together to create a domain name.

However, there may be some context in the use of 2 words, suppose you have owned a domain with BlueStar and then someone has published a product named StarBlue and trademarked the word. In this situation, if you are following Star or Blue Star with the special life of a story or any other use that you are actually following, then you are in good position.

But if you think that you are trying to mislead people into thinking in your domain and then you contact the company and claim a bunch of money to transfer the domain, then their lawyers will try to defeat you as a bad person.

Trademarked and Domain Profits Context

In the mid-90s, when the expansion of internet technology began, pure psychologists realized that they could register .com domains for big brand names and then sold them to the relevant company for a considerable amount of money. Many entrepreneurs saw it as a legitimate form of virtual real estate investment, thus some 'domainers' earned more than £ 250m profit. The name 'Domain Patching', known as cybersquatting, was widely known in 1999 when the law was passed in the United States. In this way, control of trademark-related domains is maintained in view of the brand identity, brand safety, and public perceptions, etc.

What Happens If You Buy a Domain That Has Trademark?

If needed, the company will call the ICANN's uniform domain name dispute resolution policy (UDRP). In this situation, they might send you an official email from the trademark brand or maybe not, but you have to lose your domain. Also, you will not be compensated, but your work, time and money will be lost.

Even if there is a concern about any logical reason, you will not be in a convenient way. Keep in mind that the arbitrators and court judges are human beings who make mistakes so you can lose in many ways. Even if you win, they can move the case to strengthen the arbitration decision on behalf of the company, which will also be time-consuming and these situations can be very messy.

When selecting your domain name, a trademark check is a common issue. But of course, you and your brand are not the common issues, it must be exceptional.

What Happens If Someone Trademark Your Domain?

It's just like a situation when someone else comes to your reserved seat and occupies it and then you feel afraid to claim your authority. Tell me, would you ever do that? Of course not. 

This means that if you purchased the domain after completing the trademark check or you have purchased the domain before someone else has a trademark, in this case, you will win. Any such arbitrator will be dismissed as soon as it is presented to the court.

In order to protect yourself from this situation, you should ensure the logical use of the domain name after the trademark check. So the logical use of the domain name, that means you will create a good site, which is profitable and you will use it in a way which seems to be valid. That is why you always get a better chance to win any dispute or suit.

The official policies for this are found here: ICANN -Domain Name Dispute Resolution Policies

At The End of All

If you have any other questions about intellectual property registered trademark check regarding domain name selection, you can write it in the comment box below, or if you have a specific situation in mind, you should consult with an intellectual property lawyer.

But I would say that determining your domain name through a trademark check will be a useful and wise decision, and in this way, you will be able to make successful shapes for a great purpose.

 "Be Nice, Be Careful"
How To Check Domain Name Registered As a Trademark
4/ 5 stars - "How To Check Domain Name Registered As a Trademark" Trademark checking at the beginning of any one domain purchase is a fairly obvious thing, but sometimes it is ignored. So, what does it ...

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