I was just doing some research on trademarks in domain names. I found this comment posted by an attorney.

I’m not an attorney so I don’t know how valid this is, but the link to the US Trademark search is a good one we should all use more often!

I just want to add something as a trademark attorney for those of you who wish to start your own blog with your own domain name.

I recommend that you familiarize yourself with the ICANN Uniform Dispute Resolution Policy. This is the world-wide arbitration system for “top level domain names”. Examples of these are any domain names which end in .com, .org, or .net (for example, janegalt.com), you can link to their site by going to: http://www.icann.org/

If someone has a trademark in the domain name you picked (or a trademark similar to the domain name you picked), they could file a complaint against you under these rules. Therefore, to prove good faith, before picking a domain name I would do a US Trademark search. You can do this by going to http://www.uspto.gov/. Got to trademarks, then go to search and then do a beginning search for the domain name you wish to use. If you find nothing that directly relates, then, use the domain name you want. Otherwise, this will let you know that someone has obtained trademark rights in the domain name you are interested in and you should perhaps pick something else.

While the chances of someone trademarking something like janegalt.com are relatively slim, this 20 minutes of work could, potentially, save you hundreds, perhaps thousands, in legal fees. Since it costs you nothing but time, it might be worthwhile.

- Ben Fitts

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