The owner of a registration is presumed to be the exclusive owner of the trademark for the goods and services specified in the registration, and to be entitled to use it nationwide. Registration also gives constructive notice to everyone in this country that you own the mark, whether they actually know it or not. After five years of registration, the rights become incontestable, eliminating nearly every defense to trademark infringement. In addition, registration allows a party to potentially recover triple damages, attorneys fees, and other remedies against infringing parties in court. The explosion in the number of domain names has led to increased customer confusion.
Competition is capable of coming from anywhere in the world.
Brand recognition and strong trademarks are increasingly important to attract and maintain customers in this immense marketplace. Protecting your domain name under trademark law requires a combination of creative name selection and registration with the US Patent and Trademark Office. 2000 by Erik M. Pelton, Esq. The information contained herein is not intended to be legal advice. Contact an attorney if you have any questions regarding your trademark rights.