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Which One Should You Get First? Your Website URL or your Trademark Registration?

Writer's picture: Imani LawImani Law


Securing a federal trademark gives you that solid legal foundation, ensuring your brand name is yours. 


But there’s one thing you’ll want to watch out for—cybersquatting. And yes, this is where things get a little tricky. 


Disclaimer, this isn’t legal advice. Rather, we are offering some straightforward guidance based on what tends to work best for most business entrepreneurs when it comes to protecting their brand name.



The Possible Consequences of URL-First:


For many businesses, securing your domain name is a quick win. Why? You can start using it immediately to create your digital brand presence. There’s no waiting around for months like you would with a trademark. As soon as you grab that domain (assuming it’s available), you can set up a website and start driving traffic to your website.


  • Speed vs Legal Protection

While registering a domain name is a simple task, it doesn't come with the same legal protection that a trademark does. For example, what if you pick your domain name,  start building your website, and then later discover that someone else already has a registered trademark for that name with the USPTO? Oops!


So the bottom line is, having a domain name does not guarantee legal ownership of the name. And since a trademark gives legal ownership of the name in some cases you could also face legal action for trademark infringing on someone else's name.


 The Rewards & Risks to Get Your Trademark First Trademark registration

🌟Rewards:


  • Trademark Ownership: Long-Term Security

Getting your trademark registration first gives you rock-solid legal protection for your brand. With a federal trademark, you own your business name and logo, not just on paper, but in law. 


  • Avoiding Trademark Infringement

By securing a trademark before you jump into picking out a domain name, you’re also sure that the brand name or domain you’ve chosen is legally yours to use. It’s a way of preventing you from inadvertently picking a name that could lead to costly trademark disputes down the road. 


🛑 Risks


  • Watch out for Cybersquatters! 

Here’s the flip side to registering your trademark first: you could find yourself in the crosshairs of cybersquatters. Now, you might be wondering, "What on earth are cybersquatters?" Well, these are individuals who register domain names with shady intentions—specifically, to profit from someone else’s trademark. They might choose a name that’s suspiciously similar to your brand’s domain and then attempt to sell it back to you at a high price.

 

Let’s clear this up: this practice is illegal in the U.S. thanks to the Anticybersquatting Consumer Protection Act (ACPA) of 1999!


So, What Now? Should You Grab Your Trademark or Domain First?


The key takeaway is to get expert legal advice when dealing with this situation. This way, you can make the best choice for yourself and your business.


Here at Imani Law, we are more than happy to help you! We’re all about making the legal stuff easy to understand, so you can focus on growing your business! Don't hesitate to reach out, we’ve got your back every step of the way—just give us a call! 😊




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