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Trademark Keeper FAQ

What is a trademark?

A trademark or service mark is a word, name, symbol, device or any combination, used or to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Your trademark(s) could be your brand name(s), product name(s), slogan(s) or logo(s).

Do I need to “officially” register my trademark with the government to use Trademark Keeper?

No. Even if your trademark is not registered it may still be entitled to legal protection and you can use Trademark Keeper. In certain countries, trademarks are entitled to legal protection whether or not they’ve been registered — these are called "common law" trademark rights. In order to assert rights, a trademark owner must be using a trademark commercially (i.e. the trademark is actually being used to sell goods or services) - and be able to provide proof of use. Trademark rights may be acquired by using a trademark (which can be a name, word, slogan, phrase or logo) to sell goods or services.

Trademark Keeper is fast, simple and free, and may be used as a first step in trademark protection before federal trademark registration is considered, or in conjunction with a federally registered trademark.

Whether your mark is registered or unregistered, the records created by Trademark Keeper may be used in any sort of trademark conflict (including UDRP):

  • as proof of actual use
  • to show when a trademark was first used in commerce
  • to enforce common law trademark rights
  • to show continuous use (to protect against claims of abandonment)

Which jurisdictions abide by “common law”?

Common law trademark jurisdictions include but are not limited to:

  • United States
  • Canada
  • United Kingdom
  • India
  • Australia
  • New Zealand

What can Trademark Keeper do?

Creating a recognizable brand—whether it's a product name, logo or slogan—is hard work. Even if you haven't filed for an official government trademark, in many regions you may be able to assert “common law” trademark rights by virtue of your use of your trademark to sell your products or services online.

A trademark or service mark is a word, name, symbol, device or any combination, used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. In other words, your trademarks identify you to your customers and have value to your business.

Trademark Keeper automatically captures digital scans of your website's homepage — and any commercial use of your trade marks on your homepage. These scans are recorded using blockchain technology, meaning that your records are timestamped and secure. These records may be used to defend or assert trademark rights you might have if you feel someone else has copied your trademarks, or if others accuse you of the same.

Do I still need a trademark registration?

Trademark Keeper doesn't grant you any rights or replace a trademark registration with a government authority, but may help you if you need to provide proof of trademark use.

There are a number of factors that go into determining trademark rights and having proof of use may help establish what your rights are.

You can download a copy of all of the timestamped records captured by Trademark Keeper — including any website scans and trademarks you've identified — by clicking Request Data in the Trademark Keeper dashboard. You can bring these documents to an attorney who will be able to advise you on the best course of action.

As a reminder, Trademark Keeper is not a legal service and you should consult a trademark attorney for advice on how to best protect your trademark rights.

What information does Trademark Keeper capture?

Trademark Keeper captures an image of your website's homepage at regular intervals (every three months) and any marks that may appear on that page. The images are maintained and timestamped using blockchain technology to ensure a secure record of commercial use of your trademark that cannot be tampered with and affords you the opportunity to protect your assets.

Trademark Keeper does not process or analyze the images captured from your site. At any time, you may request that we turn off the service and remove images that have been previously captured.

Can GoDaddy help me get an “official”/government trademark registration?

That's not a service we provide. Using Trademark Keeper does not result in an “official” trademark registration with any governmental trademark office. As a reminder, Trademark Keeper is not a legal service and you should consult a trademark attorney for advice on how to best protect your trademark rights.

Interested in Trademark Keeper? Opt-in to our beta and start protecting your brand today.

Related step

More info

  • Your use of Trademark Keeper is subject to Trademark Keeper's Terms & Conditions.
  • Trademark Keeper is not a legal service and you should consult a trademark attorney for advice on how to best protect your trademark rights.
  • Using Trademark Keeper does not result in an “official” trademark registration with a governmental trademark office.

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