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The lack of a federal registration means you will not have a presumption of ownership, but you can still sue an infringer for trademark infringement since the Lanham Act allows for lawsuits based on unregistered trademarks.
A trademark protects and promotes the brand name, while a registered domain name protects unauthorised use by any entity or person. Trademark supports the face value of a profession or business, while a domain name increases the contact value of the business from any remote place of the world.
Trademark process Step 1: Is a trademark application right for you? ... Step 2: Get ready to apply. ... Step 3: Prepare and submit your application. ... Step 4: Work with the assigned USPTO examining attorney. ... Step 5: Receive approval/denial of your application. ... Step 6: Maintain your registration.
In relation to this general concept, domain name trademark infringement thus occurs when a person or entity acquires and/or uses a domain name that is otherwise protected by a trademark.
In the event that a trademark holder considers that a domain name registration infringes on its trademark, it may initiate a proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP).
Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.
Here are some steps you can take: Step 1: Understand The Issue. ... Step 2: Contact The Trademark Owner. ... Step 3: Modify Your Ads. ... Step 4: File A Trademark Complaint. ... Step 5: Seek Legal Help. ... Tip 1: Use Trademarks In A Descriptive Manner. ... Tip 2: Don't Mislead Customers. ... Tip 3: Use Trademarks In A Comparative Or Informational Manner.
Being the owner of a registered trade mark does not automatically entitle you to use that mark as a domain name. That isn't to say you won't be able to register it as a domain name: it just depends on whether that domain is available to register.