Can I trademark a domain name with a new TLD?
How Trademarks and Domains Differ
A trademark protects words, logos, or slogans that identify the source of goods or services. A domain name is simply an address on the internet. Registering a domain does not automatically give you trademark rights, and having a trademark does not automatically give you the domain.
The TLD—whether .com, .app, or .xyz—is generally not considered the distinctive part of a trademark. What matters is the second-level name, like 'example' in example.com. If that name is distinctive and used in commerce, it can be trademarked.
When You Can Trademark a Domain
You can apply to register a domain name as a trademark if it functions as a brand identifier for your products or services. For example, if you run a business called 'Zylo' at zylo.xyz, you might trademark 'Zylo' for your services. The TLD itself is rarely protected separately.
The name must be distinctive—not merely descriptive or generic. 'CheapShoes.com' would be hard to trademark for a shoe store, while 'Kodak.com' would be easier because it's arbitrary. The U.S. Patent and Trademark Office (USPTO) examines each application on its own merits.
- The TLD (.com, .app, etc.) is usually not trademarkable on its own.
- The second-level name must be distinctive and used in commerce.
- Trademark rights are territorial—you must apply in each country where you want protection.
- Common law rights can exist even without registration, but federal registration gives stronger protection.
- New TLDs like .xyz or .io are treated the same as .com for trademark purposes.
Practical Steps and Conflicts
Before applying, search the USPTO database (or your country's equivalent) for similar marks. Also consider whether your domain might infringe someone else's trademark—using a domain that is confusingly similar to a registered mark can lead to a legal dispute, even if you registered the domain first.
If you have a trademark, you can use dispute resolution policies like the Uniform Domain-Name Dispute-Resolution Policy (UDRP) to recover a domain that infringes your mark. But these policies apply to all TLDs, including new ones. The key is proving the domain was registered and used in bad faith.
Common mistakes
- Thinking that registering a domain automatically gives you trademark rights—it does not.
- Believing that a trademark for a name in one TLD (like .com) automatically covers the same name in other TLDs (like .xyz).
- Assuming the TLD itself (e.g., '.app') can be trademarked by a single company—it cannot.