FAQS
Is a domain name the same as a trademark?
- IP
- IP 101
No. While you can have trademark rights in a domain name, the two are distinct, and neither automatically implies the other.
A domain name is an internet address that can be used to access a particular website. In contrast, a trademark is a word, phrase, symbol, or design that serves to identify and distinguish the source of particular goods and services. A domain name can be registered if it’s not identical to a previously registered domain name; however, registration of a domain name does guarantee the registrant’s ability to use the domain for any purpose.
Simply registering a domain name, without more, does not confer trademark rights. A company may register or acquire an available domain name, for instance, only to find itself liable for trademark infringement, trademark dilution, and/or cybersquatting claims brought by another party. It is, therefore, imperative to assess the potential risks of a name before adopting it as a domain name, and to do so in combination with taking steps to protect the name itself under trademark law.
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