A Brief Comparison of
U.S. Trademarks and Registered gTLD Names
Thomas G. Field, Jr.
This table is intended to accompany
Making the Most of Commercial Global Domains
Characteristic TMs RDNs
Registration
Required? No Yes
Warehousing possible? No Yes
Prescreening? Yes No
Generic terms possible? No Yes
Limited to named
goods or services? Yes No*
* Owners of strong arbitrary trademarks may, thus, have little
success in preventing the use of such marks as, say, generic RDNs.
Registration Costs
Per registration? High Low
Frequency? 10 years Annual?
Predictable? Yes No
Rights
Presumptive? Yes Improved
Monitoring? Often hard Usually easy
Alienable per se? No Yes
Alienable with goodwill? Yes Yes
Geographical Limits
Domestic? Yes No
Foreign? Yes No
Resolving Conflicts
Jurisdictional certainty? Yes No
Cancel registrations in rem? Yes Yes
Other remedies? Yes No*
Accommodate strength? Very well No*
Distinguish identical terms Good No*
Costs? Higher Lower*
* Unless trademark suits are brought
Judicial Review (in U.S.) PTO ICANN
Adjudications Direct and Collateral Collateral
Procedure Yes Maybe
Substance No Power? No Power?
Modified Mar. 25, 2001
URL: http://www.piercelaw.edu/tfield/rdnv.htm
© 2001 Franklin Pierce Law Center. All rights reserved.