Attorneys

Your use of a trademark, even a registered one, does not protect it from being acquired by others as a domain name. First, let`s consider the relationship between trademarks and domain names. Trademarks, and your associated rights, are obtained through the actual use of your trademark, and those rights are accentuated when you obtain a federal registration. In contrast, domain names are obtained simply by applying to Network Solutions, Inc. (NSI) and they assign the domain name. Network Solutions, Inc. is a private company that provides this service. When you apply for a domain name, you are expected to have performed an adequate search of domain names and trademarks to assure that no one`s rights will be infringed upon. It can be important to know if, for example, someone is using the potential domain name as his/her trademark. If they are, it could be a source of problems in the future! One way a trademark can affect a person`s rights to a domain name is if it can be established that a registered trademark owner has a trademark consisting of the same name, and that it was in use prior to the assignment of domain name. In fact, the domain name need only comprise a significant component of the trademark. If this can be established, NSI will pull the domain name from use until a hearing can resolve the issue. If the trademark owner wants the domain name, and it is decided that the trademark owner had used it first, the domain name will be given to the trademark owner. This is why it is so important to conduct thorough research of a potential domain name prior to applying for it to make sure no one is using it. You can even go one step further by protecting your domain name the same way you protect your trademark. You simply make your domain name your trademark; however, the domain name/trademark must meet the same requirements as any other trademark. Many businesses are now benefiting from this approach. A number of authorities believe that this strategy provides about the best level of protection for a domain name. Obviously, this will be easiest for those newly acquiring a trademark and domain name. New businesses are in the best position to benefit from this type of approach. They may realize significant advantages if they pursue the registration of their trademark, domain name, and business name all at once. The research necessary for each often overlaps with the other. For example, it can be beneficial to conduct your research of trademarks and domain names at the same time. Not only does this approach save you a lot of research time it can also help to avoid future problems such as competing for the same name with other businesses

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