Many webmasters erroneously believe that just because their domain name registrar says a particular domain name is ‘available’ that it truly is. This is not always so. Even when a domain name is physically available, it may not legally be open for use. Why? It’s because there may possibly already be a company that has the rights to the keywords used within the domain name.
If this happens yet the webmaster claims the domain name anyway, they are at risk of losing it through a domain name arbitration proceeding. For this reason it’s best to make sure the keywords used in a domain name aren’t protected for someone else.
First, webmasters need to check and see if their chosen domain name resembles any existing trademark that is on the books. They will want to do this before actually spending any money in the domain name. To browse existing trademarks, webmasters can visit the website of the U.S. Patent and Trademark Office which is USPTO.gov. Once there they can search a database which contains current trademarks including those that are pending.
If a domain name is similar to a registered or pending trademark, webmasters should evaluate whether the domain name is still worth taking. Usually, if a site is not selling the same types of merchandise or services that the other business is selling and the trademark is not popular, a webmaster probably won’t get into legal difficulty if they decide to continue and register the domain name. To be completely certain, webmasters can run the domain name by a trademark attorney. It shouldn’t cost an excessive amount for an hour consultation.
Of course, if a webmaster would want absolutely no risk, they can merely try to think of a different domain name. Using search engine keyword phrases for a domain name is one such strategy.
In any case, once a suitable domain name has been chosen, webmasters should consider having it trademarked themselves, especially if they are using it to help brand their business. With an official trademark, a webmaster has more legal power should another company try to take them to court. And since there’s no shortage of domain name bullies, (companies that aim to swindle profitable domain names from smaller enterprises), a webmaster should use all legal methods available to protect the rights of their business.
In conclusion, by checking whether or not a domain name has keywords that belong to a trademark, webmasters lessen the risk that they will have legal problems in the future. If there are problems, and a domain name arbitration proceeding does not rule in a webmaster’s favor, they can look to The Domain Name Rights Coalition.