Trade marks and domain names

While it is clear how to register your trade mark, other steps to ensure that all aspects of your business are protected need to be taken.

A key element of this is your domain name. A domain name is linked to your website and is what any potential customer will identify you by online.

It is important that your brand is consistent.

You need to establish what protection you have over your domain name and any action you can take if you find someone is using your registered trade mark as a domain name.

Firstly, it is essential that it is clear that by registering your domain name with a registrar such as Nominet UK does not automatically give you the rights to prevent any other party from using it elsewhere. It also doesn’t ensure that you will get this name registered as a trade mark.

You also need to be aware that any domain name you register could potentially infringe a registered trade mark.

The best way to resolve any potential issues is to proceed with registering your trade mark first. By doing this, you can ensure that you are not infringing any other trade marks and can gain protection in your domain name if it was to be used by another party. However, you first need to ensure that your trade mark is available to be used as a domain name. You do not want to put all the time and effort into registering your trade mark to then find you cannot back it up with a corresponding domain name.

You can do this by checking the register kept by Nominet, the UK’s largest registrar of domain names. You can also make a check with Companies House to see if your proposed mark has been registered already as a company name.

The best way to ensure you are protected in all aspects is by gaining professional advice. While The Trademarkroom can guide you through your trade mark application, we can also help you ensure you will not be hit with any infringement proceedings by pursuing with your application as well as making sure you are giving yourself the best protection possible

Contact Jane Coyle for more information. Contact information can be found in the contact tab above.

By Ellis Sweetenham