Of Trademarks And Domain Names In The United States

By Author: Lillian Morrow
Total Articles: 9
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You may wonder about the implications of trademark registration USA when it comes to domain registration. For trademarks USA or worldwide, a trademark holder must be truly diligent in protecting that mark. It is not always feasible to register every possible variation of a particular trademark, and potential customers may find themselves duped by a domain that is not owned by the trademark holder.

If a trademark owner finds that its trademark rights have been violated, it may file a complaint under the Uniform Domain-Name Dispute resolution policy, or UDRP. But, the UDRP must decide whether the claim is valid or not. It must determine the strength of the claim. And, the trademark owner is not always right.

Only very specific names and phrases can be considered protected under trademark law. A trademark's strength determines its level of protection. A trademark's distinctiveness (and therefore its ability to be registered) depends on its designation, ...
... in order of strength, as arbitrary, suggestive, descriptive, and generic.

An arbitrary mark is a common word used in an uncommon way. For example, "Apple" is a fruit, and also a brand of computers. A suggestive mark hints at some quality of the product or service, but doesn't explicitly describe it. A descriptive mark is a common word that is used along with a product that relates to the dictionary definition of that word. For example, "Windows" software creates windows on your computer screen. This type of trademark also includes surnames, such as "Hilton" hotels and is a fairly weak type of trademark. A generic mark is a term that is considered the common name for the products or services. This type of term is not useable as a registered trademark since it defeats the purpose of trademarking. Some trademarks, for example, Kleenex, have become generic over time: consumers now use this term to refer to all tissues rather than one specific brand.

The strength of one's trademark should be considered when registering a domain name. For further information on trademark registration and the internet, see The International Trademark Association (INTA) which has a frequently asked questions sections. Alternately for a layman's guide see also Wikipedia. This is a fair source of information for trademark registration United States or worldwide. Articles may also be sourced on the Findlaw website.


Lillian Morrow writes and publishes online business articles which include sales and marketing, product sourcing, domain registration, trademark registration, and web hosting. She found out about marcaria.com, a world provider of trademark and domain name registration, while researching on the said topic. Here's an article about trademark registration USA.