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5 Key Differences Between Domain Names And Trademarks

Many people think that registering their brand as a domain name is sufficient to prevent others from using it. However registered trademarks and domain names are quite different in many ways, and perhaps the most misunderstood differences relate to protection of brands.

1. Trademarks are registered intellectual property rights which are granted by the local government in a country to the registrant. Domain names are licences to a service which translates the domain name to an Internet protocol address. Domain names do not, of themselves, provide any exclusive right to use the domain name. There is a practical issue in someone else using the name - there can only be one registration in the domain name system. However only a registered trademark grants a monopoly on the use of a name.

2. Domain names are registered in domain spaces, such as .com and .net. Trademarks are registered in countries and for particular goods and services. For example, "Microsoft" might be registered for "computer software" in the United States.

3. .com domain names can be registered for periods of 1 to 10 years. Trademarks are registered for 10 years, with annual renewals thereafter.

4. You don't need to use a domain name in order to keep it. A trademark must be used in order to keep it. If it's not used, someone could challenge it.

5. There are not significant restrictions in what may be registered as a domain name. In most cases its a practical question of what is available. For trademarks, there are normally several restrictions on what may be registered. In particular, trademarks cannot be descriptive of the goods and services for which they are registered. For example, "Apple" for "computers" is acceptable, but "Apple" for "fruit" wouldn't be.

So while domain names and trademarks both relate to brands and brand protection, they are not the same and preform quite different functions.

By: TMarque

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TMarque lets you register a trademark using an easy online process. TMarque is a brand of Remarqueble

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