Avoiding Trademark Infringement When Choosing a Domain Name

Many webmakers mistakenly believe that it is actually 'accessible' because its domain name registrar says a particular domain name is. This doesn't have to be thus. It may not legally be available for usage, even though a domain name is physically available. Why? This is because a firm may already have the right to keywords used in the domain name.

If it still does, then the domain name is claimed by the webmaster, it is at risk of being lost in the arbitration of a domain name process. If things become extremely ugly, they can even be charged with a trade mark/copyright violation. This is why it is advisable to ensure that the keywords used in a domain name are not protected. This article explains how webmasters can determine such a thing.

Webmasters must first verify and determine if their domain name is similar to any existing book mark. Before you invest money in the domain name you'll want to accomplish that. Webmasters can access the U.S. Patent and Trademark Office website that is the USAPTO.gov to search for existing trademarks. From here, you can search for a database containing both current and pending trademarks.

If a domain name is similar to a trademark that has been registered or is pending, webmasters must assess if the domain name is still valuable. Usually, a webmaster will probably not encounter legal problems when he decides to go on to register a domain's name, if a site does not sell the same kind and services the other firm sells and the brand is not famous. To be sure, webmasters can use a trademark attorney to operate the domain name. For an hour consultation, it should not cost too much.

Of course you can just try to think of another domain name if you prefer a webmaster with a zero-percent risk. If you do, you have to be more generic and less imaginative about what you are producing. One such method is to use search motor keywords for a domain name. Also, dictionary terms can be used by webmasters. If everything else fails, they can use a generic term and combine it with a less likely term, such as its first and last name.

In any way, webmasters should consider having their domain name marked personally once they have picked it, particularly when they use it to help brand their firm. A webmaster has more jurisdiction with an official trademark if another firm tries to bring it to justice. As there is no lack of the domain name bullies, the webmaster should take all legal means available to safeguard the rights of their businesses, companies that are trying to grab profitable domain names from smaller businesses.

Finally, webmasters will reduce the likelihood that legal problems may arise in the future by examining if a domain name has terms that are part of a trademark. If problems arise and a process of arbitration of the domain name does not rule in the favor of the Webmaster, they can turn to The Coalition on Domain Name Rights.