Should I trademark my websites domain name?

**trevorhoare** · 03-30-2006, 09:11 PM

Does anyone have any experience with trademarking issues?
I have a website that is starting to gain popularity; and I'm wondering if it is worth me trying to trademark the name.
If so, would it be better to use the .com or not?

Also, I did a trademark search; and someone has registerred a trademark with the same name (without the .com)
I am sure this is coincidental as the domain is a generic term, but should I be worried about any legal issues with them? My site has been online much longer than their trademark has been around, and their trademark is not related to websites or computers.

Any thoughts on this would be much appreciated.
Thanks,
Trev

**denny007** · 03-31-2006, 12:14 AM

Yes, do it, especially if it is making money and gaining popularity. I was reading WIPO decisions yesterday and couldn't believe what domains has been legally stolen - i.e. "blacksingle.com" - absolutely generic, yet "ordered to be transferred to the Complainant"

**G_Gekko** · 03-31-2006, 02:02 AM

If you make the money to warrant it. yes

**scramjet** · 03-31-2006, 02:51 AM

If it's a word found (or will be found) in the dictonary your 100% safe anything else get a TM.

**dominmarket** · 03-31-2006, 02:52 AM

Originally Posted by scramjet

If it's a word found (or will be found) in the dictonary your 100% safe anything else get a TM.

That's right.

**denny007** · 03-31-2006, 02:56 AM

If it's a word found (or will be found) in the dictonary your 100% safe

That's NOT right

**khuldun** · 03-31-2006, 04:53 AM

Should a brandable name be trademarked? Its not in the dictionary.

**trevorhoare** · 03-31-2006, 05:10 AM

Well, the word is slang; so I don't think it's in the dictionary. A search for it on google yields millions of results, so it's fairly commonly used.
Ok, I think I will try to TM it. Should I go with the .com on the end?
Thanks for all the responses,
Trev

**007** · 04-01-2006, 06:07 PM

I think it's better to get a trademark without the .com, but that may be harder since somebody else has one already without it. If your company is different than their company you should have no problem getting the TM though.

**cursal** · 04-01-2006, 06:35 PM

I reg'd mine without the .com, but do own the .com of the name.
That way I am covered with the TM and most people just type in the addy with the .com or use a search enegine.