Significance Of Trademark In The World Wide Web
In this period of widespread internet use, trademark laws gain particular significance in cyberspace, particularly in terms of trademarks for domain names. A trademark becomes essential if the consumers are going to recognize you and the goods or services that you offer solely by your domain name.
The moment you are a trademark owner of a domain name, you can take legal action against a company for using a similar name and thus confusing people into believing that you, the genuine trademark owner, are in some way connected to their web site.
However, you should undertake a search on the database of 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 unique and does not match with others in pronunciation, meaning or spelling. Get your mark registered only after confirming that it will not lead to any possible trademark infringement claims.
For this aim, it is advisable to hire a lawyer, preferably a cyber law expert, who also has a thorough knowledge of trademark regulations. This can go a long way in avoiding future disputes related to possible infringement.
You must be mindful of the fact that the domain name you are intending to trademark should not just be a mere web address to draw people to your site. It should be an identity that distinguishes your services from others.
Besides domain name infringement, there is a new menace of keyword infringement one the web. It basically means violation of trademarks and their usage as keywords through posting of online ads through advertisement services like Yahoo and Google, with the motive of puzzling the consumer.
However, it must be noted that such usage by advertisers is not considered an act of infringement if by using the trademark the advertiser aids in the sale of the products or services of the original trademark holder, and not act as his competitor.
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