Does Registering a Domain Name Automatically Trigger Trademark Protection of that Name Worldwide?

No. It is true that an internet site may be accessed through the domain name by internet users anywhere in the world. Courts in the United States have ruled that mere registration of a domain does not constitute use of the domain name as a trademark. The offering of goods or services through a website, however, usually does constitute interstate use for the purposes of U.S. trademark protection. Accordingly, if the domain name is distinctive, common law trademark rights will arise upon activation of the website. Domain names that consist merely of a descriptive or generic term for the goods or services offered on the website may be difficult to protect as trademark.

The foregoing is not necessarily true outside of the United States. Trademark rights are territorial, and the trademark laws of foreign countries vary widely. In fact, a number of countries will accord trademark protection only to a mark that has been registered in their country. Therefore, if the domain name owner seriously intends to effectively deter or prosecute infringers abroad, foreign trademark registrations may have to be sought.