QUESTION
I want to file a federal trademark for an online business. Should I trademark multiple or redundant versions of the name?
Asked on Jan 19th, 2013 on Business Law - Maine
More details to this question:
Suppose for example that I want to file a trademark for the business name "Awesome Airplanes" and I am a company that makes toy airplanes. Does this trademark protect against others forming a company called "Awesome Airplane" (singular) or Airplanes are Awesome" or similar variations? So in this example, would I have to register several different variations of the name to be fully protected. That seems a bit ridiculous. Also would the trademark for "Awesome Airplanes" prevent another company that makes real airplanes from using the same name? Or would they be able to have that same name because they make a different type of product? One more question... I understand that domain names much like property can be owned. So suppose I own the website awesomeairplanes.com for my business. Someone else owns awesomeairplanes.net. Can they still own that domain as long as it undeveloped or they aren't using the name "Awesome Airplanes" for their business?
1 ANSWER
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The standard is "liklihood of confusion" in the relevant marketplace. Multiple registrations as you mention are probably not required and would be very expensive. Beyond that, your analysis would be very fact specific and you would need to consult an attorney. Answering your last question, if you own the trademark, you can force owning the domain names, whether dot net or dot com. However, since trademark ownership requires use in commerce (except an intent to use mark) then your domain name question about non-use of the mark in commerce makes no sense, and developing a web site for a product in sale is so simple as not to be avoided.
Answered on Jan 20th, 2013 at 11:47 AM