Introduction

For many businesses, the domain name is just as important as the company name itself. It’s how customers find you, remember you, and engage with your brand online. Naturally, one of the most common questions entrepreneurs ask is: “Can I trademark my domain name?”

The short answer: Yes, but not every domain name qualifies for trademark protection. Let’s dive into when a domain name can be registered as a trademark, what the process looks like, and why it may be essential for safeguarding your brand.

When Can a Domain Name Be Trademarked?

A domain name is eligible for trademark protection if it functions as a source identifier. In other words, if it tells consumers who you are and distinguishes your goods or services from those of competitors.

Here are key requirements:

  1. Distinctiveness

    • Generic terms like computers.com or shoes.com cannot be trademarked.

    • Distinctive names such as Zappos.com or Etsy.com can qualify.

  2. Use in Commerce

    • Simply registering a domain name isn’t enough.

    • The domain must be actively used in connection with selling goods or services.

  3. Not Confusingly Similar

    • Your domain cannot be confusingly similar to an existing registered trademark.

    • For example, “amazonn.com” would likely be rejected as too close to “Amazon.”

Examples of Trademarked Domain Names

Some of the world’s biggest brands have successfully trademarked their domain names:

  1. Facebook.com

  2. Yahoo.com

  3. Booking.com (which famously fought all the way to the Supreme Court to secure registration).

These cases demonstrate that domain names can achieve trademark status when they’ve acquired distinctiveness and serve as brand identifiers.

How to Trademark a Domain Name

The process for trademarking a domain name is similar to registering any other trademark:

  1. Conduct a Clearance Search

    • Ensure your domain name isn’t already in use as a trademark.

    • Look for confusingly similar marks in the USPTO database and beyond.

  2. File an Application With the USPTO

    • File through the TEAS system.

    • Include the domain name exactly as you use it (e.g., “example.com”).

    • Provide a specimen showing the domain used in commerce, such as a screenshot of your website offering goods or services.

  3. Examination by the USPTO

    • An examining attorney will review your application.

    • If issues arise (such as descriptiveness or similarity to another mark), you may receive an Office Action requiring a response.

  4. Publication and Registration

    • Approved applications are published in the Official Gazette for opposition.

    • If no one objects or if you overcome opposition, the USPTO issues a registration certificate.

Why Trademark Your Domain Name?

Trademarking your domain name provides benefits far beyond simply owning the URL:

  1. Exclusive Rights: You gain nationwide rights to use your domain name as a brand identifier.

  2. Stronger Enforcement: A federal registration makes it easier to stop cybersquatters and copycats.

  3. Added Value: Your trademarked domain becomes a more valuable asset for your business.

  4. Global Protection: Registration in the U.S. can serve as a foundation for international filings.

Domain Registration vs. Trademark Registration

It’s important to understand the difference:

  1. Domain registration: Gives you the right to use a web address, as long as you keep renewing it with a registrar.

  2. Trademark registration: Provides legal rights to stop others from using confusingly similar marks in commerce, regardless of the web address.

Owning a domain doesn’t give you trademark rights. Similarly, owning a trademark doesn’t automatically give you the right to any domain you want. The two systems work together but are separate.

Common Pitfalls

Entrepreneurs often run into problems when:

  1. They assume domain registration = trademark protection.

  2. They try to trademark a descriptive or generic domain.

  3. They don’t perform a clearance search and later face USPTO refusal.

  4. They overlook enforcement, allowing cybersquatters to chip away at their brand.

Why Work With a Trademark Attorney?

Trademarking a domain name involves more nuance than filing paperwork. An experienced attorney can:

  1. Conduct a comprehensive search to uncover risks.

  2. Draft a strong application that highlights your domain’s use in commerce.

  3. Respond effectively to USPTO Office Actions.

  4. Help you enforce your rights against cybersquatters or infringers.

At Cohn Legal, PLLC, we simplify the process and make sure your digital brand identity is protected, not just your website URL.

Conclusion

So, can you trademark a domain name? Yes, if it’s distinctive, used in commerce, and capable of identifying your business as the source of goods or services.

By trademarking your domain, you go beyond simply owning a URL, you secure powerful legal rights to defend your online brand.

Think big. Protect your dreams. And if you’re ready to trademark your domain name, Cohn Legal, PLLC is here to guide you every step of the way.

Schedule your free consultation today.