What is the difference between registering a domain name and a trademark?

Domain names are a function of the design of the Internet. Each computer server connected to the Internet may have one or more unique alphabetic "domain" names assigned to it making it relatively easy for a human to distinguish a server location without having to refer to a more complicated numeric address. The result is that domain name registrations reserve and identify particular Internet locations with unique alphanumeric names. Not only is human confusion reduced, but the interconnected servers and computers are able to identify each uniquely named location without conflict.

On the other hand, trademark registrations are not concerned with unique Internet locations and the smooth electronic communication that results. Instead, they serve to protect names that are used to identify the source of goods or services used in commerce. The two naming functions are distinct. Confusion arises, however, when domain names begin to serve as trademarks in identifying goods or services. This can lead to an erroneous belief that a domain name registration is equivalent to a trademark registration. This is untrue.

If a domain name is used to identify goods or services in commerce, then it is likely that a trademark registration is needed in addition to the domain name registration. Unlike a domain name registration, the trademark registration serves to provide certain legal protections for the name. As a result, names used in connection with Internet commerce may need both types of registration.

Complements of James Burk, The Burk & Reedy Law Firm, Washington, DC

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