Protecting the Trademark-Domain Connection: Protecting The Space Around Your Trademark Protected Domain Name Is Critical. This is known as Defensive Domain Registration.

After your company has selected a trademark, it is imperative to get a hold of the corresponding domain names in the top-level domains. In this way, your consumers can type: "yourbrand.com" into their browser in order to find your product and company.

However, if you type that into your own browser and find that is already in use, you don’t have to scrap the trademark all together. If the original domain name is already taken, you can try a different top-level domain, modify your choice of domain name, or attempt to purchase the registration from the original owner.

If you find that a domain name in relation to your trademark was registered in bad-faith by a third party "cyber-squatter", it is possible to have the domain name transferred to you through arbitration. This however, is rarely a legal issue that can be effectively handled by traditional firms, and should be referred to a firm experienced in domain name disputes.

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Enrico Schaefer

As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.

Years of experience: 35+ years
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.