Use Of Trademarks On The Internet
Any talk on the requirement of trademark laws in cyberspace always leads to the necessity of trademarks for different domain names. This is quite crucial because of the fact that your domain name conveys your identity as well as signifies your services to the customers.
A trademarked domain name helps you in making legal claims against any person, who steals your trademark and attempts to induce people into thinking that their products and services actually are sourced from you and that you are the patron of their website.
However, you should conduct a search on the database of domain names to see if your proposed mark is violating any of the already present ones. The research must study the presence of similar marks that have a close resemblance in appearance, pronunciation or meaning to the domain name you have chosen. Get your trademark registered only after confirming that it will not give rise to any possible trademark infringement claims.
To achieve this, it is always advisable to engage the services of a lawyer, particularly a cyber law practitioner who is aware of all the details of the trademark regulations. This can greatly help in preventing future disputes related to possible violation.
It is essential to note in this respect that a domain name can serve as a trademark only if it acts as a quick identifier of the products or services of your company, and not just as an address that brings internet users to your site.
In addition to infringement of domain names, keyword infringement has come up as a new problem in virtual domains, which means violation of original trademarks by their usage as keywords in promotions on Yahoo, Google etc with an aim to confuse the customers or to dilute the original trademark.
If the promotional ads help in increasing the sale of the trademark holder, it is not an infringement but the problem arises when the infringer starts making use of such advertisements for promoting his own product for an economic advantage.
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categories: protecting business ideas,business value,Intellectual property,IP law,IP lawyer,trademarks,patents,ideas protection,copyright
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