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Necessity Of Trademark In Cyberspace
Posted by Albert Finn at Jan 1st, 2010 in Resale Rights
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Any talk on the need for trademark laws in cyberspace invariably leads to the requirement of trademarks for domain names. This is quite important because of the fact that the domain name that you have conveys your identity and also signifies your services to the consumers.
A domain name that is protected by trademark not only helps you to prosecute persons infringing your mark and making use of it as their own but also protects you from being looked upon as the owner of their website that might be using an exact or remarkably similar domain name as yours.
However, you have to do a comprehensive search for identical domain names in cyberspace before registering your trademark, in order to prevent any infringements. Your research should confirm the fact that your trademark is distinct and does not match with others in sound, meaning or spelling. You should file an application for registration only after you are certain that your trademark is unique enough to avoid any possible violation.
For this aim, it is better to take help of a lawyer, preferably a cyber law specialist, who also has a comprehensive knowledge of trademark regulations. This can go a long way in preventing future disputes related to possible violation.
You must also remember that the domain name that you are seeking to register should be capable of serving as an identifier of your products and service and should not be just an online address to draw net users to your website.
Besides domain names and their possible violation, infringement of keywords is a new menace in cyberspace, wherein original trademarks are infringed and used as keywords in ads posted through Yahoo, Google, and MSN, with the obvious purpose of creating confusion in the minds of consumers.
If the promotional ads help in increasing the sale of the trademark owner, it is not a violation but the problem arises when the infringer starts making use of such advertisements for promoting his own goods for a commercial advantage.
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