"I have secured several domain names for a publishing company website under
development. Since purchasing these domain names I periodically receive unsolicited
e-mails from companies indicating that I need to "register" the names. If not,
the correspondence indicates, I will lose all rights to the domain name. They
indicate, for a price, I need to register or license the name. What protection,
if any, is needed once I secure a domain name so that I can use it and any associated
logos/trademarks?"-- Steve Pattison, Surtees Publishing
When you "register" a domain name with an official registrar you may use that
domain name for your website, but this doesn't mean you have any rights to a
trademark. Trademarks are handled entirely separately from domain names by state
and national governments. In the US, federal trademark registration is handled
by the US
Patent and Trademark Office (USPTO; http://www.uspto.gov/main/trademarks.htm).
If your domain name is a similar to a registered trademark, it is possible you
could be forced to relinquish the domain name. For example, I wouldn't use domain
names that include the word "disney" or other recognized trademarks.
If you plan to invest thousands of dollars in an Internet start-up, make sure
that you research the trademark status of your preferred company name and domain
name by searching the USPTO
database or the national trademark database in your country. Though filing
fees for do-it-yourselfers start at US $375, trademark law is quite complex
and you may want to hire a trademark attorney to register your domain. To get
a good handle on trademark protections, read Trademark:
Legal Care for Your Business & Product Name, by Kate McGrath and
Stephen Elias (6th Edition; Nolo Press, 2003), ISBN 0873379454.
