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If the domain for a particular word is already taken, can I still register it as a trademark?

Senior Trademark Attorney

Yes. Trademark registration and domain name availability are entirely separate processes. A domain being purchased and used does not prevent you from registering the same word as a trademark.

Your trademark application would be assessed on different grounds, namely, whether the mark is distinctive and does not conflict with earlier trademark registrations in the relevant class and jurisdiction. Domain ownership is irrelevant to that assessment.

If you successfully register the trademark and the domain is being used in connection with the same goods or services, you may have grounds to challenge the domain through UDRP proceedings or a court action, depending on the circumstances.

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