A domain name is the web address that identifies a website. Any website with a “.com” will be the domain name for that website. While trademarks are federally registered through the USPTO, domain names for websites are registered through a domain name registrar.

A common law trademark is a right at common law to certain names, sentences or logos that you very often use in connection with your product. You can have common law trademarks rights without having your trademark federally registered. A common law trademark, however, can only be enforced within a certain area, where it is used.

An important aspect of establishing a business is finding the right name under which a given company is to conduct its business.  While some business owners choose to use their own legal name, such as “Jane Smith’s Hair Salon,” others might prefer to use a catchphrase or a term associated with the nature of the business or its product, for example “Jane’s Cuts,” or “Fashion Cuts.”  In the latter case, the business is said to operate under a fictitious business name.