What about my Internet Domain Name?
An Internet Domain Name, or address, is very often used not only as a means for locating a Web site, but also as a symbol of the goods or services sold, published, advertised or transmitted on the Web site. However, a domain name registration is not enough!
Domain Names are assigned on a first-come, first-served basis and no investigation is conducted regarding whether a proposed name is likely to be confused with a trademark. The registrar simply ascertains whether a requested address name is already registered in the domain name database.
A domain name registration does not create any rights other than the right to use a particular Domain Name. Even this right is tenuous. If another party provides proof of registration of a trademark that is identical to a Domain Name and the Domain Name owner does not own a trademark registration, the Domain Name may be placed "on hold" rendering it unavailable to the Domain Name owner.
If you use your Domain Name to represent your business, a Domain Name registration provides no protection of the good will and reputation that your Domain Name has come to represent. Trademark registration should be considered.
Trademark Search - Frequently Asked Questions