Legal Question in Intellectual Property in California

Your trademark which you attempt to register needs to meet several criteria, one of which is that it is indeed the mark or phrase that you are using, or intend to use, to identify the goods or services you are supplying in interstate commerce. Additional requirments are that the word(s) are not merely descriptive of the goods or services, but are distinctive. Oftentimes, applications for trademarks ending in ".com" are rejected because of one or another of these reasons. The USPTO seems to take the position that your Web address in not your trademark.

I suggest you look up the Wikipedia article on trademarks, and in particular look at sections 8 on ability to register and 11.5 on registration of domain names.

The other attorney is right on point here. Don't use the dot.com as part of your trademark application. And make sure you satisfy the distinctive and interstate commerce requirements. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney