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

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Written by Tomas Orsula

Senior Trademark Attorney

You may apply for a trademark, but there are high chances that your application will be refused. It might be appropriate to reach out to the owners of the domain and come to an agreement.

However, the niche also comes into play here. If you would like to register a mark "Orange" for beauty products, even though there is already a trademark "Orange" for electronics, your chances of succeeding are higher.

It is always advised to discuss the matter with an experienced lawyer that would suggest appropriate steps to protect your brand.

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