In addition, according to one author, I f you are doing e-business on your website, or using the website to advertise goods or services you offer in the real world, your domain name is also a trademark. To understand why a domain name may not be a trademark under Section 197, we must examine the nature of trademarks. A trademark is a mark or name that is identified with a product. For instance, the trademark Coke has no inherent value. Other names like Xerox or Avon, both of which have great value as trademarks because of their association with famous brands, have little or no value in themselves.
Trademarks retain their value because their use is protected by law.
Owners of trademarks can prevent others from using those marks or names. For instance, the Coca Cola Company can prevent others from using the trademark Coke. Certain generic words or phrases cannot gain trademark protection, and therefore have no value as trademarks. For instance, the word drugs cannot gain trademark protection. Our law does not permit a single business to own the commercial rights to a word that is commonly used to describe products or services.