Can I Trademark My Business Name If the Domain Is Taken? What You Need to Know

Let’s address a common concern: you’ve found the perfect business name—but the .com domain is already taken. Can you still trademark your name? The answer is yes—but with important caveats. Trademarks and domains are governed separately, so you must navigate each independently to protect your brand effectively.

1. Trademark vs. Domain Name: Two Different Worlds

  • Domain names are simply internet addresses—first come, first served, low-cost, quick to register, but they don’t confer legal rights beyond that URL.

  • Trademarks, on the other hand, are legal tools that identify and protect your brand in connection with specific goods or services. Rights typically stem from actual commercial use, though federal registration strengthens your legal standing.

So, even if someone owns yourbrand.com, that doesn’t automatically bar you from securing a trademark—provided you meet trademark distinctiveness and usage requirements.

2. When You Can—and Can’t—Trademark a Name

You can seek a trademark for your business name if:

  • It’s distinctive (i.e., suggestive, arbitrary, or fanciful rather than generic).

  • You use it in commerce—not just as a domain or placeholder, but as a clear identifier of your products or services.

But keep in mind:

  • Generic or descriptive names (e.g., “Books.com” or “BestBakery”) are unlikely to be trademarkable, even if they’re also domains.

  • If your business name is not yet in use, or is used only as a domain, that likely won’t satisfy trademark use requirements.

3. Why It Matters That Trademarks Can Be Registered Even If Domains Are Taken

Registering a trademark gives you:

  • Presumed ownership, making enforcement easier and enabling enhanced damages in case of infringement.

  • Legal pathways to challenge confusingly similar domain names—e.g., via UDRP or the Anti-Cybersquatting Consumer Protection Act.

  • Protection against bad-faith use, such as someone registering your name hoping to sell it back to you at a markup (cybersquatting).

4. What You Can Do If the Domain Is Taken

Here are some smart next steps:

5. Real-World Examples

  • Nissan Motors v. Nissan Computer: Nissan ultimately lost the domain nissan.com, illustrating that domain ownership often takes precedence—but legal options may still exist.

  • Planned Parenthood v. Bucci: Bucci registered plannedparenthood.com first, but because the domain mirrored a trademark and hosted critical content, the court ruled it infringed trademark law.

  • PETA v. Doughney: Using a trademarked name in a parody domain still violated cyber infringement law.

These cases underscore that domain and trademark laws often collide—and outcomes depend on context, intent, and usage.

So what’s the verdict?

Yes, you can still pursue a trademark on your business name even if the domain is taken—but trademark protection hinges on distinctiveness and actual commerce use, not domain ownership. Trademarks and domains are distinct legal tools, each serving different roles in brand security.

Start by checking both trademark databases and domain registrars, and start building recognition around your brand name. If you want to solidify your legal footing and keep your brand safe online, consulting a trademark professional is a very savvy next step.

 

zakir mir