‘The Domain’ trademark application denied; Popular domain blog is safe

The trademark application for ‘The Domain’ has been denied, after it was deemed to cause confusion.


A trademark application for “The Domain” has been filed at the USPTO.


According to the USPTO:

“Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely that a potential consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant. “

Although this isn’t the final stage, as the application was subsequently amended and was returned to the examining attorney for further review, that should put any concerns about any potential interfering with the popular domain blog, TheDomains, at ease.

Despite being in a different class altogether, the resemblance of ‘The Domain’ to ‘The Domains’ could lead to potential claims; we have seen strangest things happen in the past.

According to the application, “The Domain” is for:

“Real estate services including development, leasing, management and rental of by the bedroom housing units.”

TheDomains.com owner, popular domain investor Mike Berkens, is also an expert lawyer; that alone should be enough of a bold deterrent to any ‘funny‘ action by the trademark applicants.

Berkens also owns TheDomain.com since late 2010, according to DomainTools, which is forwarding to his main blog.

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