Can “.com” Be Trademarked? Domain Names and Trademark Law Explained
Updated March 5, 2026Many entrepreneurs and creators assume that if they purchase a domain name, they automatically have the right to use it as a brand. In reality, domain name ownership and trademark rights are two very different things. A common question we hear is: Can I register a trademark that includes “.com”? The short answer is yes, but not always. Whether a “.com” name can be registered as a trademark depends on several legal factors. Understanding how trademarks and domain names interact is essential if you want to build a brand that is both protectable and enforceable.
Domain Names vs. Trademarks: What’s the Difference?
A domain name is simply an internet address used to locate a website. A trademark, on the other hand, is a form of intellectual property that protects words, phrases, symbols, or designs that identify the source of goods or services. Buying a domain name through a registrar such as GoDaddy does not automatically grant trademark rights. Trademark rights arise when a name is used in commerce to identify the source of products or services.
For example: Owning the domain bestpizza.com does not necessarily mean you own trademark rights in the term “Best Pizza.”
Can a “.com” Name Be Registered as a Trademark?
In many cases, yes. The United States Patent and Trademark Office (USPTO) has recognized that domain names can function as trademarks when they serve to identify the source of goods or services. However, the key issue is distinctiveness.
A domain name must be distinctive enough to function as a brand. For example:
Amazon.com — highly distinctive and protectable.
Hotels.com — originally considered descriptive but later recognized as capable of trademark protection in certain contexts.
The USPTO will examine whether the domain name is merely descriptive, generic, or distinctive.
The Supreme Court’s Decision in USPTO v. Booking.com
In 2020, the U.S. Supreme Court addressed this exact issue in the case USPTO v. Booking.com B.V. The Court held that a generic term combined with “.com” may qualify for trademark protection if consumers perceive the term as identifying a specific brand rather than a category of goods or services.
In other words, the test is consumer perception. If consumers understand a term like “Booking.com” as a brand — rather than simply a type of service — it may be eligible for trademark registration.
This decision significantly changed how the USPTO evaluates domain-based trademarks.
When a Domain Name Cannot Be Trademarked
Even after the Booking.com decision, many domain names still cannot be registered as trademarks. Common examples include domain names that are generic, merely descriptive, or confusingly similar.
Firstly, generic terms generally cannot function as trademarks, because they include names that refer to an entire category of goods or services. Examples include:
computers.com
pizza.com
cars.com
Secondly, “merely descriptive” terms may be rejected as trademarks. Names that directly describe a product or service. Examples include:
cheapflights.com
bestlawyers.com
Descriptive marks may sometimes be registered only after they acquire secondary meaning, meaning consumers associate the term with a particular brand.
Thirdly, confusingly similar marks to already existing trademarks, may not be eligible for registration. If a domain name is similar to an existing registered trademark, it may be refused registration. For example, registering nike-shoes.com for athletic products would likely create a likelihood of confusion with the well-known NIKE trademark.
Why Trademark Protection Still Matters Event If You Already Own the Domain
Owning a domain name alone provides very limited legal protection. Without trademark rights, it may be difficult to:
Stop competitors from using similar brand names
Prevent confusingly similar websites
Enforce brand rights internationally
Take action against infringing businesses
Trademark registration provides stronger enforcement tools, including the ability to bring federal trademark infringement claims and to use the Uniform Domain Name Dispute Resolution Policy (UDRP) to recover infringing domains.
Conclusion
The relationship between domain names and trademarks has evolved as online businesses have grown. While domain names that include “.com” may be eligible for trademark protection, not every domain name will qualify. If you are launching a brand, platform, or digital business, it is often advisable to evaluate trademark availability before investing heavily in branding or marketing.
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*This article is provided for informational purposes only, and does not constitute legal advice, counsel or representation.
