Wednesday, January 20, 2010

Trademark And The Internet

By Alex Finn

With the widening influence of the internet in our daily lives, the importance of trademarks has gained a new dimension, particularly in relation to domain names. This is essential if you want to successfully promote your product or services among the consumers by means of your domain name.

A domain name that has been trademarked not only helps you to prosecute persons infringing your mark and making use of it as their personal mark but also saves you from being perceived as the owner of their website that might be making use of an identical or deceptively similar domain name as yours.

Having a domain name registered should always be preceded by comprehensive research, in order to avoid any possibility of trademark infringement. The research should study the presence of similar marks that have a strong resemblance in appearance, sound or meaning to your domain name. Get your mark registered only after ensuring that it will not lead to any potential trademark infringement claims.

For this objective, it is advisable to hire a lawyer, preferably a cyber law expert, who also has a thorough knowledge of trademark laws. This will not only enable you to avoid violation claims but also protect you from future conflicts.

It is important to note in this regard that a domain name can serve as a trademark only if it acts as a quick identifier of the products or services of your firm, and not just as an address that draws web users to your site.

Other than domain name infringement, there is a new menace of keyword infringement one the web. It basically means infringement of trademarks and their unlawful use as keywords through display of promotional ads through advertisement services like Yahoo and Google, with the motive of puzzling the customer.

If the online ads help in increasing the sale of the trademark holder, it is not a violation but the problem is created when the infringer starts making use of such advertisements for promoting his own product for a commercial advantage.

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