Necessity Of Trademark In The World Wide Web
With the increasing impact of the internet in our daily lives, the importance of trademarks has gained a new dimension, particularly with respect to domain names. This is quite important in light of the fact that your domain name communicates your identity and also highlights your services to the consumers.
A domain name that is protected by trademark not only enables you to sue persons infringing your mark and making use of it as their personal mark but also saves you from being perceived as the patron of their website that might be making use of an identical or remarkably similar domain name as yours.
However, you should conduct a search for presence of similar domain names to see if your selected mark is infringing any of the already present ones. Your investigation should ensure the fact that your trademark is distinct and does not match with others in pronunciation, meaning or spelling. Get your mark registered only after ensuring that it will not give rise to any possible trademark infringement claims.
For achieving this, it is preferable to engage the services of a cyber law practitioner, who can advise you in your online trademark related issues. This will save you from possible trademark infringement action that may be raised in future.
You should also keep in mind that the domain name that you are seeking to register should be able to act as an identifier of your products and service and should be more than an online address to bring people to your website.
Other than domain names and their possible infringement, infringement of keywords is a new menace in cyberspace, wherein genuine trademarks are lifted and used as keywords in ads posted through MSN, Yahoo, and Google, with the obvious purpose of creating confusion in the minds of consumers.
If the online ads help in boosting the sales of the trademark holder, it is not a violation but the problem arises when the infringer starts using such advertisements for marketing his own product for an economic advantage.
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