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Your domain name might start out as a web address—however, for any recognizable or growing brand, it’s so much more.
It’s what many customers notice first when they visit your site, and often plays a big role in helping people identify your brand. When your domain name starts feeling like the face of your brand, it might be time to apply for a federal trademark.
Here’s everything you should know before you begin the application process.
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What is a trademark?
A trademark is a unique identifier that distinguishes your business from others. For instance, a trademark can be your brand or domain name, slogan, logo or a combination of these elements that customers associate with your products or services. Regardless of what you trademark, the purpose is the same: to protect your brand from infringement, discourage imitation and minimize confusion among your customers.
When you start using a unique identifier to conduct business, you automatically gain some trademark rights—known as common law rights. However, these rights are limited to your geographic area, whereas a trademark registered through the U.S. Patent and Trademark Office (USPTO) applies nationwide.
Why should you trademark a domain name?
Federal trademarks registered through the USPTO offer several advantages, including the following.
Protection against brand infringement
You reserve your web address when you purchase it through an accredited domain name registrar like Wix, but trademark law takes this further by preventing the use of similar-sounding names or variations that could mislead the public. This protection is especially crucial online, where small changes like hyphens or misspellings can divert traffic from your website.
For example, if you register a trademark for your brand and domain name “KidCrafts.com,” a competitor wouldn’t be able to sell similar products on a domain that mimics yours—like “KidKrafts.com”—since it would likely confuse visitors looking for your brand.
Under common law rights, you’d typically need to prove that your brand is strongly recognized in the market if you want to claim the domain name—something that may leave you and your business much more open to legal disputes.
Need help picking a domain name? Use a domain name generator to find something perfect for your business that is available.
Exclusive rights to your chosen name
A trademark gives you the right to use your domain name across all mediums where it appears to the public (online or offline), such as:
Product packaging
Marketing materials
Social media
Business cards
Physical locations
Still, keep in mind that being a trademark owner doesn’t give you exclusive rights to a name or phrase—it means you can use it only in connection with the goods or services you offer.
Stronger legal recourse
A federal trademark registration automatically expands your legal options if someone infringes on your brand, including the following:
The ability to pursue legal action in federal court
Support from U.S. customs officials to block counterfeit imports
Clear evidence of your rights nationwide
An official registration typically makes it easier (and less expensive) to resolve disputes than relying on common rights alone. Plus, having a registered trademark allows you to use the “®” symbol next to your name, often preventing problems before they start.
Increased market value for your business
Partners, investors and buyers may look at your online business more favorably if it has a trademark. It signals that you’ve taken steps to protect your domain’s long-term value and have exclusive rights to use the name in your market, which only becomes more valuable as your brand grows.
Should you decide to expand your business or eventually sell it, a registered trademark often shows that you’ve built something worth protecting (and investing in).
When should you trademark your domain name?
Not every domain name qualifies for a federal trademark—and not every website necessarily needs one. However, trademarking your domain name usually makes sense if it’s distinctive and susceptible to infringement, provided the name meets the USPTO’s criteria.
Here are various events that might signal it’s time to register a trademark for your domain name.
When you first create your LLC
Many websites trademark their brand names after they launch a limited liability company (LLC) or other formal business structure. At this stage, you’re committing to your company’s development and brand identity, which makes this an ideal time to secure trademark protection.
For instance, let’s say you just set up an online store to sell handmade mugs and accessories. You already have a unique domain name that resonates with customers, and now you’re ready to build your presence online and in local markets. Trademarking the name ensures that as your business grows, no one else can use it to sell similar products.
Even if you’re not actively selling anything yet, you can file an “intent to use” application to reserve your trademark rights early. Once you receive your Notice of Allowance from the USPTO, you’ll have six months to either begin using the trademark in commerce or file for a six-month extension. Applicants are allowed to file up to five of these six-month extensions (for a total of 36 months) before they need to submit a new intent to use. In basic terms, this means you have up to three years to use your trademark in commerce or risk losing its protections.
Related reading: Domain definition and how much does a domain name cost?
When you start your marketing efforts
Once you start investing in marketing and awareness campaigns, your brand becomes more visible to the public—and potentially more vulnerable to copycats. Competitors might try to steal your customers by using similar names, slogans or branding tactics.
A trademark helps prevent this situation, since you secure the rights to the name (or other branding elements you specify) before you make major investments. That way, your marketing strategies can strengthen your business instead of making it a target for imitators.
When you enter new markets
While common law trademark rights may provide some level of protection within your local area, they don’t automatically extend to other states or regions.
As your business grows, you might encounter competitors with similar names already operating in your new market. Even worse, you may find out you can’t use your unregistered brand name because someone else has already claimed trademark rights there.
As a result, if you think there’s a chance you’ll expand in the future, you may benefit from applying for a registered trademark sooner to have nationwide protection when the time comes.
When your brand recognition takes off
The more your brand resonates with customers, the more valuable your domain name becomes as a business asset. In turn, successful domain names generally attract imitators looking to profit from your growing recognition.
Filing for trademark protection during significant growth phases helps protect your brand’s future—especially if you’ve become an overnight success and need to move quickly to protect your new market presence.
Related reading: Follow up on the most popular domains or check out the most expensive domains.
When you launch a new product or service
If you start selling a new product or service, your domain name doesn’t just represent your business, but also your specific offering in the marketplace. As consumers begin to associate your new offering with your domain, you want to ensure that no one undermines your position as the source.
This is especially true for established brands that decide to create a new website. Since your customers are likely already loyal to your business, having an un-trademarked domain name similar to other existing domains may confuse your customer base.
Since a trademark gives you exclusive rights to the name, you can prevent competitors from using similar branding that makes knock-off products look like yours.
When you begin licensing
While licensing your brand opens up new revenue streams, it also creates complex intellectual property challenges. Without trademark protection, you’ll have limited legal authority to control how others use your domain name and brand assets.
If you have a trademark before entering licensing discussions, however, you automatically have a stronger position to negotiate terms without as much risk of infringement. This is because you can demonstrate that you alone have the rights to the product or service in question, whereas an unregistered trademark might be easier to challenge.
When you face imitators or infringement
You should ideally have a trademark in place before someone else uses your domain name or intellectual property, but if these issues arise, it’s important to act right away. Keep in mind that even a pending trademark application may help establish your rights and prove how long you’ve been using the trademarked name or asset—proof that’s essential if a dispute ends up in court.
It additionally signals to imitators that you’re serious about protecting your brand, which may deter further infringement while your application processes.
Read more: How to choose a domain name and How to register a domain name
How to trademark your domain name in 5 steps
If you decide to trademark your domain name, you can complete the application through the USPTO, work with an attorney or use a trademark registration service like LegalZoom.
Here’s how to get started:
01. Check if your domain name is eligible
Typically, commercial domain names qualify for trademark protection if they serve as brand identifiers, not just web addresses. While trademarking the domain name that represents your brand (e.g., “Amazon.com”) is a good first step, it’s generally best to trademark whatever identifier(s) customers associate with your products or services too. With Nike, for example, trademarks protect not only the name itself, but also the iconic swoosh logo, slogans like “Just Do It” and other commonly-recognized identifiers.
In another instance, if your brand name is “Susie’s Vivid Green Vases,” but you use an abbreviation for the web address, you might consider trademarking the full name since that’s a more accurate representation of your brand. However, if your domain is both a business name and an identical web address, then it usually shouldn't make a difference.
Additionally, your trademark application must meet the USPTO’s criteria to receive approval.
Here are some general requirements to keep in mind:
Source identifier: The trademark must clearly connect your goods or services to your business.
Distinctiveness: Generic terms (e.g., “online shoe store”) can’t be trademarked, whereas unique marks (e.g., “Xerox”) typically receive stronger protection. This is different for seemingly basic terms, like “Apple,” that are not generic to the industry they represent; because “Apple” doesn’t relate to computers or software, it’s seen as a distinct name for the purpose of trademarks.
Commercial use: You must actively use the trademark in commerce (either for products or services) or have a genuine intent to use it.
If you plan on applying for a trademark yourself, you can refer to the Trademark Manual of Examining Procedure (TMEP) for a full list of requirements.
02. Conduct a trademark search
If your chosen name conflicts with trademarks already registered with the USPTO, your application will most likely get rejected. As a result, it’s strongly recommended to search for pending and existing trademarks before submitting your application.
The USPTO’s Trademark Search System lets you check for similar names that might block your application. In addition to their official guide (click on “Help”), you can try out the following strategies to guide your search:
Look for different spellings, plurals and similar-sounding names.
Say the results out loud, since similar pronunciations (e.g., “excel” vs. “X-cell”) can constitute infringement.
Check design marks if your domain includes graphic elements (only applies for businesses who want to trademark multiple brand assets beyond a domain name, such as Apple’s signature apple icon).
While TEAS is free to use, you’ll need to spend some time reviewing the parameters and business classifications to conduct an effective search. Then, it’s a good idea to perform a comprehensive trademark search for state trademark registrations and other identifiers that may be protected under common law.
03. Prepare and file your trademark application
In addition to the trademark search, LegalZoom can handle your entire trademark application with the USPTO. You’ll also get matched with a trademark attorney who will guide you through the process, and there’s no charge for a new application if your first one gets rejected.
If you decide to file your application by yourself, here’s an overview of what you’ll need to prepare:
Drawing format: Choose between standard character (text only) or special form (includes design elements).
Classification: Select appropriate categories pertaining to your trademark from the USPTO’s Trademark ID Manual.
Filing basis: Specify either “use in commerce” or “intent to use” (unless you’re filing a foreign application).
Application type: Pick TEAS Plus ($250 per class, uses pre-approved descriptions) or TEAS Standard ($350 per class, allows custom descriptions).
You’ll also need to gather evidence of how you’re using your domain as a trademark, such as screenshots showing it on your website, products or marketing materials.
04. Wait for approval and next steps
After filing, expect to wait several months for the USPTO to review your application. You can check current processing timelines on the USPTO website to get a better estimate for your application.
If the examining attorney finds any issues with your application, they might issue a notice via an “office action.” This outlines specific problems that you’ll need to address, and you have a limited time frame to respond and correct these issues.
Once your application clears review (or after successfully addressing any office actions), the USPTO will publish your trademark in the “Official Gazette.” Then, other parties have 30 days to contest your trademark. If no one opposes your trademark (or you successfully defend against their oppositions), the USPTO will officially register your trademark.
At this point, you can start using the ® symbol with your trademarked domain name. However, if you filed based on intent to use, you’ll need to submit a Statement of Use and prove that you’ve started using the trademark in commerce to make it official.
05. Monitor and maintain your trademark
A registered trademark can last indefinitely as long as you maintain and continue using it in commerce. This means filing all required maintenance documents, paying fees on time and actively monitoring for trademark infringement.
While you can track potential infringement yourself, LegalZoom’s trademark monitoring can automatically notify you of possible conflicts. That way, you can focus less on always staying alert and more on building your brand image for years to come.
FAQs
Do trademarks work internationally?
Trademarks registered with the USPTO only work within the U.S. However, you can typically extend protection to other countries through the Madrid Protocol, which allows you to file a single application for international trademark registration in several countries.