Why is a trademark necessary if a company already has a domain name?
Having a domain name does not guarantee superior trademark rights. While using a domain name as part of a brand that sells goods or services may establish common law trademark rights, these rights are limited to the geographic area where the mark is used. Common law rights are not as strong as registered trademark rights, which provide nationwide protection and legal advantages in case of disputes.
The availability of a domain name should be considered as part of a comprehensive trademark search to evaluate the strength of a brand name or slogan and the likelihood of trademark approval. Registering a trademark with the Trademark Office offers numerous benefits, including nationwide protection, a presumption of validity and usage date in litigation, access to favorable remedies, a public record that discourages others from using the mark, and potential increases in a company’s value, which can aid in applying for loans or in the event of an asset sale or merger.