Significance Of Trademark In Cyberspace
Any talk on the need for trademark laws for the internet invariably leads to the requirement of trademarks for domain names. This is quite critical because of the fact that the domain name that you have conveys your identity as well as highlights your services to the consumers.
A registered domain name helps you in taking legal action against any individual, who steals your trademark and tries to induce people into believing that their goods and services actually originate from you and that you are affiliated to their website.
However, you must undertake a search for presence of similar domain names to see if your selected mark is violating any of the already present ones. Your research must confirm the fact that your trademark is unique and does not resemble others in pronunciation, meaning or spelling. You must apply for registration only after you are certain that your mark is unique enough to avoid any possible violation.
To achieve this, it is always advisable to engage the services of a lawyer, particularly a cyber law expert who is aware of all the details of the trademark laws. This will save you from possible trademark violation action that may be raised in future.
You should also remember that the domain name that you are seeking to register should be capable of serving as a quick identifier of your products and service and should be more than an online address to bring net users to your website.
Other than domain name violation, there is a new problem of keyword infringement in cyberspace. It basically means violation of trademarks and their usage as keywords through posting of online ads on advertising networks like Yahoo and Google, with the motive of confusing the customer.
However, it must be noted that such use by advertisers is not tantamount to infringement if by making use of the trademark the advertiser contributes to the sale of the products or services of the original trademark holder, and not act as his competitor.
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