Key Takeaways

  • A trademark domain name protects a web address as a brand asset if it's used as a source identifier for goods or services.
  • Merely registering a domain doesn’t give trademark rights; you must use it in commerce to gain trademark protection.
  • Trademarking your domain name helps prevent cybersquatting, customer confusion, and dilution of brand reputation.
  • Before trademarking, ensure the name isn’t already in use or registered — otherwise, you may risk infringement.
  • Not all domain names qualify for trademark protection; generic or merely descriptive names typically won't.
  • Legal recourse such as UDRP or ACPA may be available to reclaim misused domain names.
  • Trademarking your domain provides stronger protection than domain registration alone.
  • You can find experienced IP attorneys through UpCounsel for help with domain name trademark filings or disputes.

What is a Trademark Domain Name?

The Ninth Circuit U.S. Court of Appeals recently ruled that a business must use its domain name to sell goods or services in order to protect the name — even if a competitor starts to use the name after you registered the domain. In other words, merely reserving a domain name isn't enough.

Without the domain name, a computer would have no idea where to look for a web page, and e-mail routers would not be able to send email. Of course, domain names are more than just addresses, since they can be selected by the "addressee" and are usually closely associated with a particular service or product.

When Domain Names Qualify for Trademark Protection

Not every domain name qualifies for trademark protection. For a domain to be eligible, it must function as a source identifier, meaning it clearly distinguishes your goods or services from others in the marketplace. Courts and the USPTO consider whether the domain name is used in commerce, prominently displayed on a website offering products or services, and not merely descriptive or generic (e.g., “BuyShoes.com” is likely too generic).

For example, Amazon.com functions as a trademark because it identifies a specific source of goods and services. In contrast, DiscountBooks.com may not qualify since it merely describes the product.

Should I Trademark My Domain Name?

To protect your brand from infringement, you may want to trademark your domain name in addition to a logo, slogan, or design. Registering a domain with a service like GoDaddy or Bluehost does not give you trademark rights. It simply identifies your website and will not prevent others from using the name. If you trademark your domain name, your domain will have protection under the law.

Difference Between Domain Registration and Trademark Registration

Registering a domain name through a registrar like GoDaddy or Namecheap simply grants you the right to use that web address. It doesn’t grant you exclusive trademark rights. Trademark registration through the USPTO, however, offers broader protection, including the ability to take legal action against infringers and stop others from using similar names that might confuse customers.

Without trademark protection, someone else could register a similar name and potentially claim rights if they use it in commerce first.

Why are Trademark Domain Names Important?

Domain name disputes can arise, so having protection under USPTO law is beneficial. Take Hasbro Games, the creators of the famous board game Candy Land. They had to sue for the domain name candyland.com, as it belonged to an, ahem, adult entertainment company using the same name. Hasbro won on the basis of trademark dilution, saying that the domain undermined Hasbro's own trademark and confused customers. You don't want someone else's domain that is identical or even similar to yours to confuse, or in this case offend, your audience. Trademarking your domain name is an important part of protecting your intellectual property.

Note that your domain name must follow USPTO rules. For example, you can't use generic words in your trademarked domain name. The domain should function as a "source indicator." It must convey to whoever sees the URL what products or services are behind the name.

Cybersquatting and Domain Disputes

Cybersquatting occurs when someone registers a domain name in bad faith to profit from the goodwill of another’s trademark. This can be addressed under laws such as the Anti-Cybersquatting Consumer Protection Act (ACPA) or through the Uniform Domain Name Dispute Resolution Policy (UDRP). These frameworks help trademark owners reclaim domain names that infringe upon their marks.

For instance, if someone registers nikeclearance.com without authorization, Nike may have grounds to file a UDRP complaint or ACPA lawsuit.

Reasons to Trademark Your Domain Name

  • Maintain Your Rights — If your domain name has a trademark, the URL has protection under the USPTO law. There are legal ways for you to stop another company from using your trademark.
  • Protect Your Image — When a company is selling a lower quality product that consumers might confuse with your merchandise, your image is at risk. Protecting your domain allows you to maintain control of your online image.

Additional Benefits of Trademarking a Domain Name

Beyond legal protection, trademarking your domain name offers these advantages:

  • Enhanced brand credibility: Consumers trust brands with legally protected identities.
  • Eligibility for federal remedies: Including statutory damages and injunctions against infringers.
  • Trademark enforcement abroad: A U.S. registration can help secure international rights under treaties like the Madrid Protocol.

This added protection is critical in today's global, digital-first economy.

Reasons Not to Trademark Your Domain Name

  • Infringement — If you register a domain name without checking if there is a similar name already registered, you could infringe upon another company's trademarked domain name. A lawsuit involving trademark infringement could cost you $100,000 or more. Before registering your domain name, use the trademark tools on the USPTO website to find out if a domain name like the one you want is already trademarked.

When Trademarking May Not Be Necessary

In some cases, trademarking a domain may not be necessary or worth the investment:

  • Limited business scope: If you're running a personal blog or non-commercial site, trademark protection may offer limited benefit.
  • Descriptive domain: Domains that merely describe the product or service may not qualify for registration.
  • Short-term use: If the domain is for a temporary campaign, investing in a trademark may be unnecessary.

Evaluate your business goals and the potential value of long-term brand protection.

Why Most People Don't Trademark Their Domain 

Most people, including domain name registrants, are unaware of:

  • Federal trademark laws.
  • The consequences of trademark infringement.
  • The tools needed to find out if domain name might infringe on a trademark.

If you trademark your domain name, you have legal protection if someone uses your trademarked name. You can sue the other company and recover financial losses you might have incurred. If you register your domain names, but don't use your website to sell your products and you don't trademark the name, there isn't anything you can do to stop the other company.

Common Mistake 

Customer confusion occurs when another company has a domain name close in spelling to your domain. Their name might differ by one letter, and they might have an inferior product resembling your quality item in a superficial way. Your customers might order the other company's product instead of ordering yours.

Tips for Choosing a Trademark-Eligible Domain Name

To increase the likelihood your domain qualifies for trademark protection:

  1. Choose a distinctive name: Coined or arbitrary terms are strongest (e.g., “Zappos.com”).
  2. Avoid geographic or generic terms: “LosAngelesClothing.com” may be descriptive and hard to protect.
  3. Verify trademark availability: Use the USPTO’s TESS database to check for conflicts before registering.
  4. Use your domain in commerce: Merely owning a domain won’t establish trademark rights — it must be tied to products or services you actively offer.

Doing this groundwork reduces legal risks and strengthens your brand from the start.

Frequently Asked Questions

  1. Can I trademark a domain name I’m not currently using?
    No. Trademark rights are generally granted based on actual commercial use. You must be using the domain in connection with goods or services to qualify.
  2. What happens if someone else trademarks my domain name?
    If you haven’t used or trademarked the name, the other party could have superior legal rights. You may have to rebrand or pursue legal remedies.
  3. How much does it cost to trademark a domain name?
    USPTO filing fees typically range from $250–$350 per class of goods/services. Attorney fees may increase the total cost.
  4. What’s the difference between a domain name and a business name?
    A domain name is a web address. A business name is the official legal name of your company. Either may be trademarked, but they serve different functions.
  5. Can I trademark a domain internationally?
    Yes. Once you have a U.S. trademark, you can file under the Madrid Protocol to seek protection in over 100 member countries.

Get Expert Advice

If you need help with trademarking goods and services, you can post your question or concern on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.