KitNames: Differences Between Domains and Trademarks

Please note: This summary is intended to provide a basic understanding of trademarks and domain names. It is not formal legal advice.

 

Do KitNames domains include trademarks?

In short: No, our domain names do not include trademarks or international registration. Domain names and trademarks are distinct forms of intellectual property.

Owning a domain name does not equate to owning a trademark. Purchasing a domain name grants you exclusive and immediate rights to use that domain name on the Internet for your website and email, provided you maintain the annual registration through the registrar. It does not grant any additional legal rights.

A trademark, on the other hand, is usually a name or a logo that serves as legal protection for your brand, preventing others from impersonating it. Trademarks are granted for specific countries and services. Since anyone from anywhere can purchase our domains for any purpose, pre-registering trademarks in advance is not possible.

If a business in the same industry and with the same name as your trademark opens in a location covered by your trademark, you could take legal action against them. This could include stopping them from using that name and potentially seeking financial compensation. However, this does not mean you own universal rights to that name. For instance, someone could start a business in a completely different industry with the same name, and despite the identical names, their uses would be so different that they would likely be allowed to coexist. Examples include Delta Airlines, Delta Faucets, and Delta Dental.

If someone trademarks a name in one country, it prevents others from using that name in the same country for similar purposes. It does not prevent the use of that name in a different country or for unrelated purposes. However, these local trademarks may not provide guaranteed protection, if there is an overlap with a large, global company.

We advise you to conduct research and seek legal advice to ensure that the name you are interested in does not have an existing trademark by a competitor in your industry and region. If the name is not trademarked or has a trademark unrelated to your intended use, you have a good chance of successfully registering the trademark yourself. Even if there is an existing trademark, if your business operates in a different industry, you might still be able to register the name.

 

Can KitNames help me register my trademarks?

No. The complex structure of trademarks requires specialists. Since trademark law varies depending on the locations where you do business, you will need professional legal advice specific to your country. Trademarks can take years to register and may be contested during the registration process. They also need to be renewed, often with evidence of continuous use. Enforcing your trademark requires legal action and advice.

In the meantime, here are some websites for online trademark research. These tools complement, but do not replace, professional legal advice:

 

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