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Can i Use Trademark Words in Domain, App & Product Names?

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Legal Trademark TMQ. Hey Amit, i have been following your blog from 2 years and its very interesting to read all the useful insights you keep publishing. Today i have a very interesting question which can also be useful to all of your users too. I have a domain name which has the word ‘Android’ in it and i wanted to know if its possible to use the same to run as a blog or will have any problems from Google in the future. I have heard that there are trademark violations under trademark law using which corporations can grab your domain names and also these are in most case limited to countries, products, services and to the specific category under which the trademark applies. Should i sell this domain name or proceed with a blog on it?

First of all i would suggest you to consult an attorney who practices in your jurisdiction because he would be the best person to answer this question. There are generally two different types of trademarks, one which are common law trademarks and other which are registered trademarks. You need to contact the trademark office for the type of trademark the brand has registered with.

You should also check out the Uniform Domain-Name Dispute-Resolution Policy here which suggests that your domain name registration can also get cancelled if someone would file a complaint with the domain registrar. There have been many cases where in large corporations have sent a ‘cease and desist’ letter through a lawyer who represents the company and demands the domain owner to transfer the domain name. If the domain owner denies the request he has to hire a lawyer in order to defend the case and be ready for the huge court fees and other associated expenses.

There are many different cases revolving around the web which suggest that surprisingly not the brand name has always won the case, example check out this story which suggests that a person who had a family name as domain name wanted to win the domain name and had to go through many legal issues.

Now back to the original topic of you using the word ‘Android’ in your domain name and making it commercial, here is what we could suggest you. There are a few Brand Guidelines which are set for the word ‘Android’ by Google which you can find out here and there are maximum chances that Google would not complain to you because they are going to get great positive publicity and buzz. You need to include a footer attribution on your website or blog mentioning that the site has no official connection with Google. In order to get approval from Google regarding the brand usage you need to request for permission through this form along with all the required information.

About

My name is Amit Bhawani and here I like to share my internet/tech experience with my online readers. You can follow me on Twitter, Facebook & Instagram at @AmitBhawani I am also the Editor-in-Chief of PhoneRadar & Master Gadgets

Comments

  1. Oh…good, I was about to start a domain with the word WordPress in it – thinking of changing it into WP now…

    Thanks

    • Always better to use wp instead of wordpress to be on safer side..
      and thanks amit for google form lnk never knew such form exist, even i have a pr 2 domain with word android in it.
      its not getting many visitors but still will submit that form now..
      thanks again amit..

    • WordPress doesn’t allow to use the word in domain name, you can definitely use WP but i read somewhere, that if you have wordpress in the domain name and your prime concern is supporting wordpress and spread knowledge about wordpress they don’t mind having that word

  3. One point to add : Google disable adsense ad serving on websites using google’s trademarked names.. There might be a possibility of adsense disabling on the concerned website..

    • Yeah you are right saurabh , but it’s better if we use copyright to our blog then i does’t matter to Google and ya it is Google’s property but we can call them as sharing info………..

  4. Most of the brand doesn’t allow using their TM name in domain..
    For example: Apple, WordPress….
    Though they won’t complain until you become famous…
    Even if you start with any domain name like android.. I suggest keep a backup domain too just in case if you need to redirect once company ask you to shut down the domain name to preserve their brand..
    For example: WordPress always suggest to go for wp instead of using WordPress in domain name..!!

  7. yes same thing with Microsoft word too until you are famous or that domain is not required by MSFT you are safe once they get to know you will be asked to transfer the domain to them.

  8. yes , siddanth is righ If Trademark Owner get to know that you have used ther trademark in domain, then you have to transfer the domain to them or you have to down your site otherwise you will have to pay charges to owner If he claims..
    Very Genuine and useful Question and Repectable Answer by Amit Sir…
    Keep it up…

  9. Using trademark in your domain names will be your biggest mistake. For example, Friend Finder was using FacebookofSex.com for its adult network. After FacebookofSex.com achieved success ranked at 655 by alexa. Facebook filed a lawsuit on Friend Finder and FacebookOfSex.com which resulted in the shutting down of the site and huge loss for Friend Finder network.
    So, never do this mistake of using a Trademark containing domain…….

  10. It’s one of the accurate answer for the perfect question 🙂 Thank you so much for answered here 🙂 Great answer 🙂

  14. Nice solution. Now we can use our favourite domain including popular keyword or brand name. This should increase your sales or visitors. cheersss…

  15. Hi Amit,
    I eventually came back to this post again and looked at my comment. I just didn’t understand why have you approved my comment but removed my blog URL from this. If you want to delete the comment you can but removing blog URL is not good at all. This will lead to nothing but keeping me away from visiting your blog or commenting here.

    Thanks & Regrads

    • Its clear, Either use your real name or else just some keyword without a URL. This is not the right place for building backlinks at all and especially we dont allow that way. Always use Real Name in the Name field.

      • Thanks for your reply, i appreciate this. But as you are talking about keywords in a URL, i should inform you that the term “Indian Marketer” is not a highly searched term but is my brand, thats the name most of people know me. PS+ I have the exact match .com domain name of the keyword.
        Why would i try to build links and rank for a keyword which rarely or not gets searched. Yes if i use “Internet Marketer” in my comment, then it should be an issue of using keywords in my comment since the the term “Internet Marketer” is a famous and highly searched marketing term. Using the term “Indian Marketer” is same as using my name “Jawed” or “MQJ” or my full name in any comment.

        I hope you understand what i mean.

        Thanks & Regards

  20. awesome tips. few years ago I was very interested to buy a domain which has Google in it.But one of my friend told me about the copyright law.Well try to research first before choosing domain and always try to choose something unique.

  23. Well, if you are on a offshore network, then it doesn’t really matters even if you use a trademark. But still, to remain on the safer side, I would prefer NOT to use it.

  27. Hi Amit, thanks for the post.
    I was thinking to get a name domain with word android at it. But when I was about to pay for that domain, my laptop was infected by virus and I had to spent a night fixing it.
    And I consider it’s my luck since I’ve read your post first before getting that domain name. Yup, thanks to you, now I know that putting android as domain name might back fire at me. I even file a form to google asking about this matter.

    Thanks Amit

  31. Well, the simple answer is NO.
    If the trademark owner finds the website, he might legally file a case against you and you will have to pay fine and your website will get down and also you might be arrested.

  32. Well, I know of cases when Porsche and Sony have filed legal notice, and asked people to surrender those domains… but if you have a back-up domain, just put 301 redirect, and your job is done… Could this be an unethical way to get the job done… start with trademark/kw in domain – become a bit famous, and then redirect? lol…

  35. ya it is not Good to use such Branded names but why don’t You Try to make your own goodwill rather than taking someone’s else , making your own will be more reputable and recognizable than copied or similar.

  41. Hi Amit,

    I have some sites which uses country name in the domain…In future, I am going to place some affiliates link as well…
    I think you must be having great research on this country specific violations as well…could you let me know some good articles on this country specific domain which may affect me in future.
    Can I get some fightback on how to convince those corporations if I am having country name in the domain?
    Thanks

  42. 1 more thing, I have read 1 blog post of Bipasha Basu on your blog. The domain name you taken was bipashabasu.info where you stated how you made money , bipasha basu in itself is a brand , so is it safe to take this kind of domain and earn money.

  53. Hi

    I have a domain bagmetoday.com for shopping site. is it possible i will get any problem later on on today word is used by bagittoday.com.

  57. defintelly nice article sir… sir am having a domain name bigrock.in .. sir tell me If i m using this plugin on my blog. Will face any difficulty from Google in future ? …please reply me sir……thanks sir for sharing this type of article….

    • I don’t know what you are asking? i don’t think having a domain on bigrock.in won’t cause you any difficulty with google in future. unless you get the name close to google or any of their products. I hope i answer you question.

  58. Yep i also Got Infringement Warning From Godaddy for my domain (godaddy coupon codes) finally i unlocked the Domain and Surrendered it to them 🙁

  59. There are lot of blogs using android in there domain name .. just you have to mention some google policy like it is not affiliated wth google at all .

  60. Really Great Site.
    And the Facebook pop up at the right hand side is gr8.

    nice theme! 🙂

  66. Thanks for your post. Amit. You’re most definitely right. I just want to add that in terms of SEO you need to make sure that you have your keyword in your domain name. And in most cases you don’t want some company’s brand in your domain name, because it’ll be really hard to rack for the branded keyword.

  67. Thanks for the great post, man.

    I’m really in favor of using the domains that allow you to be flexible in case you decide to change your priorities down the road. I mean that your domain name should be something that will allow your to easily switch over to something difference. For example, if your domain name is ‘ford’, you’re sort of supposed to write about Forbs, but in case your domain is cars, you can switch over to something else real fast.

  69. Sony has recently partnered with xperiax10.net after warning them to change the domain, because it infringes their copyright policy.