Is Your URL Eligible for Trademark Protection?

Did you know your URL can be trademarked to protect your brand? A trademarked URL can set your business apart and safeguard it from imitators. In this guide, we’ll break down how to trademark your URL, why it’s important, and the steps to get started. Protecting your online presence has never been more essential!

Can a URL be trademarked?

Absolutely, you can trademark your domain name. Trademarks are key in guarding your brand against unauthorized use or infringement. While common law offers some level of protection, securing a federal trademark gives you much wider coverage across the country. Without that official registration, your brand could be at risk of being copied or even damaged by others.

Why is trademarking important?

Trademarks are your defense against anyone using your brand without permission. Common law might give you limited local protection, but a federal trademark registration means you're covered nationwide. Without it, your brand could be vulnerable to imitations or bad actors trying to ride on your coattails.

Imagine you own a sushi restaurant called "Sashimi Galore" with the website "sashimigalore.com." Let's say your restaurant has become quite popular. If you didn't go through the hassle of federal trademark registration, someone else in a different state could easily start up a similar restaurant using the same name or URL. Common law would only protect you in your local area, leaving your brand open to potential infringement elsewhere. That could let a competitor benefit from your hard-earned reputation or, worse, put it at risk.

Protecting your URL as a trademark

So, how do you go about trademarking your URL? Target these priorities in the process:

1. Distinctiveness: Your URL has to be unique and not too generic or descriptive. For example, "sushi.com" wouldn't cut it, but "sashimigalore.com" might work because it ties closely to your brand identity.

2. Use in commerce: You need to actively use the URL to promote or sell your products or services. Just owning the domain isn't enough.

3. Brand functionality: Your URL should have a role that goes beyond just being an address on the web. It needs to be part of your brand and recognized by consumers as such.

URL - your online business card

Can your URL become a trademark? Only if it stands out and acts as a unique identifier for your brand. Filing for federal trademark registration is a smart move. Protecting essential elements of your brand — like your logo, slogan, or URL — is so important to ensure your investments are secure.

Additional resources

What to Expect When Applying for a Trademark: A Comprehensive Guide