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Yes, domain names can also be registered and protected as trademarks or service marks at the national and international levels, provided that the domain names do satisfy all conditions to be duly registered and protected like the trademark and service marks.
A domain name cannot be protected as a trademark merely because it is your address on the Internet. In addition to using the name in commerce, it must be used in a way that distinguishes your goods or services from those of others. Distinctiveness is key.
When trademark law protects a domain name, the owner has the right to prohibit the use of similar names or misspelled names by others.
Domain name trademarks protect against infringements on your domain name. Trademarks are essential for online businesses. They should be used for branded domain names.
Licensing, in lieu of selling, an Internet domain name generally allows the domain name owner to reserve certain rights. This reservation of rights will facilitate the future use of a domain name by an Internet domain name owner, in the event that the e-business using the domain name encounters difficulties.
A trademark licensing agreement is a legal contract between a trademark owner and another party that have agreed to use the trademark on preapproved terms decided between the contracting parties.
Licensed Domain means a Domain Name from which a Licensed Application End User is able to access a Licensed Application via the Internet.
A mark comprised of a domain name may be registered as a trademark or service mark in the U.S. Patent and Trademark Office. However, just like any other mark, the domain name is registrable only if it functions to identify the particular source of goods or services offered.
Suing Under the ACPAThe Anticybersquatting Consumer Protection Act (ACPA) authorizes a trademark owner to sue an alleged cybersquatter in federal court and obtain a court order transferring the domain name back to the trademark owner. In some cases, the cybersquatter must pay money damages.
Anyone can buy a domain name. To do so, you visit a domain name registrar, such as A2, GoDaddy, or Namecheap, key in the domain you want to buy, and pay a fee. You can't buy just any domain, of courseonly one that isn't already registered by another person or business and that bears a valid domain suffix.