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Trademark or domain: which do you need first?
A domain name is an address you rent from a registry. A trademark is a right an office grants for a name on particular goods. Owning one says nothing about the other.
A free domain can still be a taken name
Registries do not check trademarks. You can register a .com for a name that is a live registered mark for the goods you sell, and receive a demand letter after launch. The register check comes first; the domain after.
A registered mark can lose a domain dispute, and win one
Under the UDRP and similar procedures a mark owner can take a domain registered in bad faith. A mark also does not entitle its owner to every domain with the word in it: honest use of a generic word is protected.
The order that works
- Check the name against the registers for your classes.
- If it is clear, check the domain and register it the same day.
- File the mark in the offices where you sell, before you announce.
Open Trademarks shows the domain line after a verdict, so both checks sit on one screen.
Check a name