Arlington, TX asked in Copyright, Intellectual Property and Trademark for Texas

Q: Doubt I can trademark my descriptive online business name so is it easier to trademark including .com with the name?

Is it easier to trade mark for example, xxxxxxxx.com rather than just the name xxxx xxxx. Additionally, if it is a small niche with very difficult market entry, would a domain and an LLC be enough protection to ignore getting a trademark for the website business?

Thanks

1 Lawyer Answer
Benton R Patterson III
Benton R Patterson III
Answered
  • Trademarks Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Adding ".com" to an otherwise generic description would not make the trademark viable. The ".com" is generally disregarded by trademark examiners. Neither an LLC nor a domain registration provides trademark rights. Someone else could register the same name as an LLC in a different state or do business under the same name. It may be best to develop another aspect of your branding as a trademark, such as a design, logo, phrase, or product/service name rather than the name of the business itself.

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