How to Avoid Trademark Issues When Choosing a Domain Name

July 23, 2025

 

business man and trademark research


Choosing the perfect domain name is a crucial step in building your online presence. But did you know that picking the wrong domain name could land you in legal hot water? Yep, trademark infringement is a real threat—especially for startups and online businesses who skip due diligence.

In this comprehensive guide, we’ll walk you through how to avoid trademark issues when choosing a domain name, ensuring that your brand stays legally safe, SEO-friendly, and memorable.


Table of Contents

  1. What Is a Trademark and Why It Matters for Domains
  2. Common Trademark Mistakes When Picking a Domain
  3. How to Do a Proper Trademark Search
  4. Tips for Picking a Trademark-Safe Domain Name
  5. What to Do If Your Ideal Domain Might Be Infringing
  6. Registering Your Own Trademark
  7. Legal Recourse: What Happens If You Get a Cease-and-Desist
  8. Best Practices for Domain Name Safety
  9. FAQs


What Is a Trademark and Why It Matters for Domains

A trademark is any word, name, symbol, or logo used to identify a product or service and distinguish it from others. When you register a domain name, you’re not automatically protected from infringing on an existing trademark.

Why this matters: If your domain name is too similar to a registered trademark, you could be sued, forced to give up the domain, or pay hefty fines.

Example:

Avoid names like nike-shoes-store.com unless you’re officially affiliated with Nike (spoiler: you’re probably not).

For more naming tips, see our complete guide to choosing a business name.


Common Trademark Mistakes When Picking a Domain

Here are some of the most common missteps:

  • Using famous brand names in your domain (e.g., applefixservices.com)
  • Using a name that's already trademarked in your industry
  • Choosing a name that "sounds like" a known brand
  • Forgetting to check international trademarks

If you’re still brainstorming, check out our Business Name Generator for trademark-safe inspiration.


How to Do a Proper Trademark Search

1. Start With USPTO

Go to USPTO.gov and use the Trademark Electronic Search System (TESS). This is the official source for U.S. trademarks.

2. Use WIPO Global Brand Database

For international concerns, search the WIPO Brand Database.

3. Google It

Sometimes, smaller or common law trademarks may not be registered. A thorough Google search of your potential name is essential.

4. Check Domain Marketplaces

Websites like Atom and Namecheap often provide basic trademark warnings for brandable domains.


Tips for Picking a Trademark-Safe Domain Name

  1. Make It Unique: Choose a name that’s entirely original.
  2. Avoid Descriptive or Generic Terms: These may not be trademarkable—and are more likely to be in use.
  3. Choose Invented Words: Like Google, Kodak, or Hulu.
  4. Use Domain Name Tools: Our guide on how to choose domain names for blogs has helpful tools.
  5. Check Available TLDs: Sometimes a .com is taken but .co or .io are available. Still, be careful of trademark risks.

Need ideas? See our curated list of Unique Business Name Ideas.


What to Do If Your Ideal Domain Might Be Infringing

If you’ve fallen in love with a domain that might be infringing:

  • Check for similar trademarks.
  • Consult a trademark attorney.
  • Consider alternative spelling or blending techniques.
  • Look at domains for sale on Atom that are legally vetted.

Need help rebranding? Start with our Brand Builder Guide.


Registering Your Own Trademark

Securing your own trademark protects your brand and can help you win disputes over similar domains.

Steps to Register:

  1. Search for availability (USPTO or WIPO)
  2. Choose a strong, unique name
  3. File an application (fees start at ~$250)
  4. Respond to examiner comments (if needed)
  5. Get your certificate in 6–12 months

If you’re launching a startup, check our startup name guide.


Legal Recourse: What Happens If You Get a Cease-and-Desist

Receiving a cease-and-desist letter can be alarming, but don’t panic:

  • Step 1: Don’t ignore it
  • Step 2: Review the trademark they claim to own
  • Step 3: Hire a trademark attorney
  • Step 4: Consider changing your domain if they’re right

If your domain is found infringing, you could be forced to transfer it under the UDRP process.


Best Practices for Domain Name Safety

  • Do a trademark search before registering
  • Avoid famous or suggestive terms
  • Register your brand’s trademark
  • Use a reliable domain registrar like Namecheap or Hostinger
  • Protect with domain privacy and auto-renewals

Also read: How to choose a domain and host for your business


FAQs

Can I use a brand name in my domain if I add a location or service?

No. Even something like nike-uk-store.com could still be infringing.

What if the domain is available—does that mean it’s safe to use?

No. Domain availability ≠ trademark clearance.

Should I register both the domain and trademark?

Yes. That gives you brand protection from both ends: URL and legal rights.

Is it safe to use a domain generator?

Yes, especially ones like Atom that flag potential trademark issues.

Can I be sued for buying a domain that infringes?

Yes, especially if you’re profiting off a brand name.


Final Thoughts

A great domain name can launch your business—but a bad one can sink it. Avoid legal pitfalls by researching, planning, and being creative. Use trusted tools, do your trademark homework, and when in doubt, consult a professional.

Need help finding a safe, brandable domain? Browse vetted names at Atom, Namecheap, or host your new site on Hostinger for lightning-fast performance.

Also explore:

Stay smart. Stay safe. And choose a name that lasts.

NameClove

Posted by NameClove