Expert: Kacey Cahill - 2/14/2009

Question
I just bought a domain name and plan to have a large scale internet company with time. Can I do a free trademark search and is trademark protection necessary?

Answer
Al, I cannot put enough emphasis on this answer YES!!!!  Trademark the name NOW.  You can do a free trademark search on the USPTO website  -uspto.gov.  There is an art to this, and I would prefer you had an attorney do it for you.  If you need to do it yourself, the trademark key is on the left and then you have the option to click search.  You cannot spend too much time on this -- this is VERY important.  The essence of trademark is you can get the mark in a goods and services category -- so you want to be unique in that category and you do not want to be descriptive.  You should probably file multiple marks -- for the name as well as some design of it.  It is expensive ($325 per mark per G&S category), BUT, the URL does NOT give you trademark protection.  In fact, by obtaining the URL (and not yet using it in commerce to sell goods and services) somebody could step in and file for the mark ahead of you --- problem.  In trademark law it is the first to use in commerce or the first to file.  Last, you can file for intent to use.

You should get some professional advice to make sure you are maximizing your trademark (ie, the meets and bounds of your turf when selling product in the marketplace).  I can help you with this or you may find somebody else that is also qualified, but please at least look into it seriously.

I hope this is helpful to you Al, but please understand that this is intended for educational purposes only and does not constitute legal advice.

Kind regards,

Kacey Cahill
Principal, Kacey Cahill Law
www.kaceylaw.com
kcahill@kaceylaw.com