Domain Trademarks – Dealing With The Classification In The Application

The decision to trademark your domain name is nearly always a very good one. Obtaining a mark is a surefire way to secure your intellectual property rights surrounding it. In this article, we delve into the application process and look at the classification claim aspect of the application effort.

There is a common assumption that a trademark is all encompassing. This, unfortunately, is not really the case. A trademark starts off as protecting a certain class of products or services. If the mark remains relatively unknown, then it only applies to that class. If, however, the mark becomes very well known, it is considered to be “strong” and will apply to other markets if the mark owner can show that the competing mark is causing confusion with consumers.

Thoroughly confused? Let’s look at a quick example. Amazon is an online store that has a very strong mark. If I just mention the word “Amazon” in relation to something new I have, you automatically know what I am talking about. This is a very strong mark and Amazon can argue that a rare book store that opens in a small town is interfering with its mark. That being said, even Amazon does not have a mark strong enough to claim that a company called “Amazon Tours” that provides tours through the Amazon forest is an infringer.

Why do I raise all of this? Well, it has to do with the classes you claim in your trademark application. The classes refer to the classification of goods and services the mark will apply to. In the case of Amazon, it obviously applies to the internet arena. Ah, but what about the Kindle? Amazon is selling its own product, so it will seek a trademark for the Kindle that applies to the electronic gadget. This is another class.

There are a wide variety of classes you can try to apply to for your mark. Many people go with only once class because each comes with a $300 plus fee. This is a mistake. You want a mark that covers everything your domain applies to so that you can keep competitors from trying to feed off your good name. Spend the money now and you can reap the benefits later.

By: SD Lawyer

Article Directory: http://www.articledashboard.com

Richard A. Chapo is with SanDiegoBusinessLawFirm.com - where he will register trademark domain name applications for your site today.