Domain name registration in .com, .net, .org (i.e. domains open to any kind of registrant) follows a first-come-first served policy. Thus, when deciding on a mark it is often a good idea to search for potential conflicting trademarks by researching domain names that use the mark. The unavailability of a domain name may indicate the existence of a conflicting trademark and it will limit the ability to differentiate products and services.

The availability of domain names can be researched at www.whois.net. WHOIS is a searchable database maintained by registries and registrars that contains information about domain name registrations in the .com, .net, .org, .edu, and ISO 3166 country code top-level domains.

While legally registered domain names can pose a problem for new trademarks, it is also important to recognize that a similar issue is at work when choosing a domain name. It is the domain name registrant’s responsibility to make sure that the domain does not infringe or violate someone the rights of any third party (including trademark rights).

References:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).
[3] Lanham Act of 1988.
[4] Uniform Domain Name Dispute Resolution Policy (ICANN)

Tags: trademarks