Registering a domain name as a trademark
Doing business over the Internet has become so popular that some companies have sought and acquired registered trademarks for their entire domain names. The applicant must show that they are offering services over the Internet. Use of the Internet domain name as a mere advertisement is not enough. The Lanham Act provides that a trademark may include:
any word, name, symbol, or device, or any combination thereof--
(1) used by a person, or
(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,
to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others to indicate the source of the goods, even if that source is unknown.
Amazon.com, Inc., which sells books over the Internet, has registered Amazon.com as a trademark. Amazon.com not only uses the term "Amazon.com" as its domain name, it actually uses it as its name to identify its service. With regard to the proper classification, the classification that applies to the specific service should be used.
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