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Though you might think that if your domain name registrar lists a domain name you’ve chosen as “available,” that it’s yours for the taking, it might not actually be so. That’s because even if a domain name is technically “available,” it may not be legal to use it. There might already be a company that has rights to the keywords that are included within the domain name.

If that’s the case, it could happen that you’d end up losing the domain name through an arbitration proceeding. In a worst case scenario, the registrar could be charged with trademark or copyright infringement. Therefore, it is best if you make sure up front that the keywords used in a domain name you’re considering aren’t trademark or copyright protected on someone else’s behalf. There are ways you can predict if a part of a domain name is protected.

The first step is to search existing trademarks. Do this before actually investing money registering a name. You can visit the website of the U.S. Patent and Trademark Office at http://USPTO.gov. From that site, you can search through a data base containing current trademarks and also those that are pending.

If a domain name is very similar to a pending or registered trademark, you need to decide whether the name is still worth getting. This isn’t usually a problem if a site is selling a completely different type of merchandise or service than the one with the trademark. It usually isn’t a problem with non well-known trademarks either. But to be completely sure, you can run your potential domain name by a trademark attorney. It will cost a little money, but it could save you from having bigger problems later on.

The alternative to checking out a possible domain name that might be protected is to think up another domain name alto. To help you along, you can use search engine keywords for a domain name, or you could use dictionary terms. Another option is to take a generic term and hook it up with a term that is unlikely to be taken, such as a first or last name.

Regardless of how you come about it, when a suitable domain name has been chosen, consider getting it trademarked yourself, particularly if you are using that domain name to help brand your business. If you have the official trademark, you’ll have more legal leverage if another company were to try to take you to court. Unfortunately there exist a certain number of domain name bullies who try to take profitable domain names from smaller sites, but if you have the trademark on the name, they will have a harder time trying to wrest the name from you.

The moral to the story is that you should check whether a potential domain name has keywords that are part of a trademark. If you do this, you’ll have less risk of legal problems in the future. If you encounter legal troubles that can’t be resolved by a domain name arbitration proceeding, you can ask for help from the Domain Name Rights Coalition.

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