Domain name Trade mark

[Iferguson]

Hello,

I am looking to register a trade mark for my website but wondering would it be best to register the domain name as the trade mark or my logo or does it make no difference?

Thanks

 

[JohnJP]

Hello

If applying for a trademark ideally you want to trademark the terms within the domain name. e.g. if your site was a 'greatonlinebrand.co.uk' you ideally want to trademark the marked text 'great online brand' for as many NICE classes as you need. The trademark could then be applied to other domains with different extensions e.g .com etc. The issue very often is that you can't get a tradmark in classes you need around the terms within the name, because either someone has them or they are deemed too generic and not trademarkeable which is why the next step is to look at trademarking logos or artwork with those terms in it.

Hope that helps

Johnjp

 

[Trademarkroom]

Hi. Take a look at the UKIPO website for some great free advice on trademarks.

Your trademark is your brand so you want to protect the version your customers will come to know and love.

You can only use the registered r symbol against the exact image/word that you have filed so best to register it how you are going to use it.

Please feel free to pm me if you want to chat it over.

 

[graeme1976]

I think you should look to trademark your logo, assuming your logo contains words, because that way you get to trademark the logo as well as the word(s)

 

[Iferguson]

Hi. Take a look at the UKIPO website for some great free advice on trademarks.

Your trademark is your brand so you want to protect the version your customers will come to know and love.

You can only use the registered r symbol against the exact image/word that you have filed so best to register it how you are going to use it.

Please feel free to pm me if you want to chat it over.

Thanks for that what am trying to find out is if say i had the website ukbusinessforums.co.uk and registered there logo in say class 35 could sumbody else register ukbusinessforums.co.uk in a different class and lay claim to the domain name

 

[JohnJP]

To make a successful claim for a .uk domain via the Nominet DRS process the claimant has to prove they have ‘a right to the name’ and also in simple terms ‘passing off’. If you operate a website without a trademark for a number of years and someone decides to register your name as a trademark, and try ‘take the name off you’ previous case history suggests you will be OK even though you have not trademarked anything. The test that Nominet uses is ‘abusive registration’ which means at the time of registering the domain you had or should have reasonably had knowledge of the other party. Clearly if they were not around trading under that name or registered a trademark after your site was up and running you could not. From a business perspective if you expect your site to become a valuable commodity and perhaps you want to sell it down the line then having trademark can add value but only for a really valuable site. Basically small trader / affiliate site don’t bother – looking to setup business as Ltd Co. and grow substantial real online sales then definitely to consider to protect your interests.

 

[lellis]

Best policy is to register both if you have the budget.

 

[nelioneil]

Best policy is to register both if you the budget.

This , I don't understand why people just register one. It does not cost much more!