Trademarking a new word

1 Answers. Asked on Jan 23rd, 2014 on Intellectual Property - New Jersey
More details to this question:
Suppose I create new word. That word is "example" My company goes by Example, LLC and I trademark "Example" Why would I need to trademark "Example.com" if I already trademarked the new word? Wouldn't trademarking the new word protect anyone from using it to sell a good or service? Or does that only protect me from someone trademarking anything with the word "Example" in it? And just say I only trademarked "Example.com" could someone use "Example" (the new word)? I am a little confused on whether I need to trademark my domain in order to protect my brand. It is a startup.
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Answered on Jan 23rd, 2014 at 8:25 AM

If you have "example" trademarked and you own the URL "example.com", there is minimal value in registering example.com as a trademark. The exception would be if you used .com as part of your trademark (and not simply as a web address to buy your goods/service).

I've got a brief jingle rolling around in my head where someone sings "hotwire.com". They are making the .com part of their consumer recognition. They should register "hotwire.com". I never see Apple advertise themselves as Apple.com, so they would not get any material benefit from that registration.

Also, keep in mind that someone else could register example as a trademark for goods/services unrelated to yours. Think of Delta Faucets and Delta Airlines, both of whom own Delta for their goods/services. A made up word, like Kodak, is going to receive broader protection, but it would probably be a mistake to think no one could ever use the same or a similar name for a completely different purpose.

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Intellectual Property
The legal system recognizes the rights of people and companies that invent and create unique works, granting them ownership of those tangible and intangible assets through a number of intellectual property laws. Intellection property, or IP, includes patents, trademarks, copyright, trade dress and trade secrets. Intellectual property attorneys work with businesses and individuals (including inventors, writers, composers, artists and designers) to help protect these intellectual assets. IP lawyers and law firms can assist with taking initial steps to protect assets, while also working with clients to license items and to protect assets that are plagiarized, infringed and/or misappropriated.
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