1215.02(d) Marks Comprised Solely of TLDs for Domain Name Registry Services
If a mark is composed solely of a TLD for "domain name registry services" (e.g., the services of registering .com domain names), registration generally must be refused under Trademark Act §§1, 2, 3, and 45, 15 U.S.C. §§1051, 1052, 1053, and 1127, on the ground that the TLD would not be perceived as a mark. The examining attorney must include evidence from the LexisNexis® database, the Internet, or other sources to show that the proposed mark is currently used as a TLD or is under consideration as a new TLD.
If the TLD merely describes the subject or user of the domain space, registration must be refused under Trademark Act §2(e)(1), 15 U.S.C. §1052(e)(1), on the ground that the TLD is merely descriptive of the registry services.