profile

J.J. Lee, Trademark Attorney

🌐Can You Trademark a Domain Name?

Published 7 months ago • 1 min read

November 11, 2024

Hello Reader,

A client asked about the possibility of trademarking a domain name. The answer is yes, but it depends on how you're using the name.

To trademark a domain name, it needs to function as more than just a website address—it has to act as a brand that people recognize. For example, a domain like "Amazon.com" is more than just an address; it represents the company itself, which makes it eligible for trademark protection.

The U.S. Supreme Court made an important ruling on this in a case involving Booking.com. The Court explained that "a term styled ‘generic.com’ is a generic name for a class of goods or services only if the term has that meaning to consumers." In other words, just because a domain name uses a common or generic word doesn’t automatically mean it can’t be trademarked. If consumers recognize it as a brand for specific goods or services, it can be protected.

In the Booking.com case, the Court found that “Booking.com” was eligible for a trademark because people saw it as a business name, not just a general word for making reservations. This means your domain name might also qualify for trademark protection if people connect it to your brand specifically.

If you’re thinking about trademarking your domain name, I’d be happy to help you figure out if it meets the right criteria. Feel free to reach out with any questions or to schedule a time to discuss it more!

Keep Your Brand Safe and Protected,​
​

J.J. Lee and the Trademark Lawyer Law Firm Team!

PS. Contact us to mark sure your business is protected!

​trademarklawyerfirm.com​
​Unsubscribe · Preferences​

J.J. Lee, Trademark Attorney

Protecting your Brand and Trademark Since 2007 and over 7,000 Trademark Registrations.

Learn something new every Thursday! Join over 4,000 entrepreneurs and business owners for weekly Trademark tips, tricks, and news.

Read more from J.J. Lee, Trademark Attorney
A cheese knife rests on a wooden table.

May 19, 2025 TMtelegram Hello Reader, Here’s a recent reminder from the Trademark Trial and Appeal Board (TTAB): sometimes, the name you pick for your product is just too on the nose to protect. That was the case in In re Jacobs Corporation, where the company tried to register the word BLADE as a trademark for a “hammer sold as an integral component of hammer mill machines.” The USPTO said no—and the TTAB backed them up. Why? Let’s break it down: 🔍 Jacobs argued: Their product is a hammer,...

8 days ago • 1 min read
Cannabis plant growing inside a greenhouse.

May 12, 2025 TMtelegram Hello Reader, The USPTO rolled out a new trademark fee structure in January 2025. On the surface, it looks like a simple pricing adjustment—but if you work with hemp or CBD products, the reality is much more costly. Here’s what changed: 🚨 New Trademark Fee Structure (Effective Jan. 18, 2025): Base Application Fee: $350 per class Custom Descriptions: +$200 per class if you don’t use pre-approved ID Manual language Extra Length Fee: +$200 per 1,000 characters over the...

15 days ago • 1 min read
Here is a close-up photo of a chicken.

May 5, 2025 TMtelegram Hello Reader, In a recent decision, the Federal Circuit reminded everyone that even if your product seems far removed from a restaurant, a similar name could still cause trademark problems. The case? A brewery tried to register the mark CHICKEN SCRATCH for beer. But they were blocked by a restaurant that already had a trademark registration for the same name—CHICKEN SCRATCH—for restaurant services. The Trademark Office refused registration, and the Federal Circuit...

22 days ago • 1 min read