Can You Trademark a Domain Name?
Hello Reader,
A client asked about the possibility of trademarking a domain name. The answer is yes, but it depends on how you're using the name.
To trademark a domain name, it needs to function as more than just a website address—it has to act as a brand that people recognize. For example, a domain like "Amazon.com" is more than just an address; it represents the company itself, which makes it eligible for trademark protection.
The U.S. Supreme Court made an important ruling on this in a case involving
Booking.com. The Court explained that "a term styled ‘generic.com’ is a generic name for a class of goods or services only if the term has that meaning to consumers." In other words, just because a domain name uses a common or generic word doesn’t automatically mean it can’t be trademarked. If consumers recognize it as a brand for specific goods or services, it can be protected.
In the
Booking.com case, the Court found that “Booking.com” was eligible for a trademark because people saw it as a business name, not just a general word for making reservations. This means your domain name might also qualify for trademark protection if people connect it to your brand specifically.
If you’re thinking about trademarking your domain name, I’d be happy to help you figure out if it meets the right criteria. Feel free to reach out with any questions or to schedule a time to discuss it more!
Keep Your Brand Safe and Protected,
J.J. Lee and the Trademark Lawyer Law Firm Team! PS. Contact us to mark sure your business is protected!