Register Domain Names Before Filing for TM!

In my article about checking for trademarks, Jackie asked, “Why do you prefer over” The simple reason is that I had not used the other website before but found to be effective enough to continue using it. Essentially, it gave me the information I was seeking and I did not have a need to search around to find something else.

This morning, I visited to see if it offered anything that would add more value to me. One thing I noticed on that website is a link to recent trademark filings. I am not sure if Trademarkia has that information, but I have not seen it before.

When looking at that section, I was curious to see if these trademark applicants were registering their domain names before filing for their trademarks. In the case of generic trademarks – ie single word or common two word phrases, it looks like the matching domain names were all registered long before the trademark filing. Interestingly, the matching domain names for the few uncommon terms I looked up were registered within the last few days and have a “for sale” landing page.

It is not surprising that someone or some people are registering domain names that match trademark filings. I don’t think it’s the nice thing to do – and I think it gives domain investors a bad name – but it is what it is.

The surprising thing is that people were not grabbing their matching domain names before filing for their trademarks. I would have thought that would be the first thing someone would do! My brand naming process would be to list brand names I like, search to see if the domain name is available to register or buy, secure the domain name, and then seek out an attorney to file the trademark. Maybe that’s just my mindset because of being a domain investor, but I would have thought others would be more mindful of domain name availability.

Trademark applicants should definitely seek out their ideal domain name before filing for a trademark. It would seem that there are people monitoring new trademarks, and the matching domain name could be registered once the trademark application becomes public.

Elliot Silver
Elliot Silver
About The Author: Elliot Silver is an Internet entrepreneur and publisher of Elliot is also the founder and President of Top Notch Domains, LLC, a company that has closed eight figures in deals. Please read the Terms of Use page for additional information about the publisher, website comment policy, disclosures, and conflicts of interest. Reach out to Elliot: Twitter | Facebook | LinkedIn


  1. Just go to TESS (U.S. Gov. trademark site). These other for-profit sites that were mentioned get their info from TESS

    • Yes and No. TESS is great but other sites also pull information from other country TM databases, business databases and whois.

      No one site is perfect so you have to check a couple depending on how thorough you want to be.

Leave a Reply

Recent Posts Sells for $202k as Apple Registers Swath of AirPlay Domain Names

The largest domain name sale of the day yesterday was The domain name sold for $202,000 in an expiry auction at GoDaddy Auctions.... Acquired for More than $10 Million

Last week, Hilco Digital's Andrew Miller shared that he and Larry Fischer brokered the sale of the domain name. Andrew mentioned that it...

Hilco Digital Assets Announces $10m Investment in Squadhelp

Squadhelp has become a leading brand naming marketplace, connecting business owners and entrepreneurs with domain names listed for sales on its platform. Led by...

Questions Related to Uni —> Afternic Parking Migration

If you are a Uniregistry customer, you most likely received an email explaining the upcoming migration of the Uniregistry Market and parking platform to...

Some Uni-Registered New gTLDs Will be Transferred to 1API

I received an email from Uni (formerly Uniregistry) that I initially thought was a Whois verification email and almost ignored. It was, in fact,...