Relevance Of Trademarks In The World Wide Web
With the widening impact of the internet in our daily lives, the significance of trademarks has acquired a new dimension, particularly with respect to domain names. This becomes very important if your customers are going to recognize you and the goods or services that you offer solely by your domain name.
A domain name that is protected by trademark not only helps you to prosecute persons violating your mark and using it as their own but also protects you from being looked upon as the owner of their website that might be making use of an exact or remarkably similar domain name as yours.
However, you should undertake a search on the database of domain names to see if your proposed mark is violating any of the already present ones. The research should study the presence of similar marks that have a close resemblance in appearance, pronunciation or meaning to your domain name. It is vital to trademark a domain only after properly confirming that it does not violate any trademarks.
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For attaining this, it is preferable to engage the services of a cyber law practitioner, who can guide you in your online trademark related issues. This will save you from possible trademark infringement action that may be raised in future.
You must be mindful of the fact that the domain name you are intending to trademark should be more than an ordinary web address to draw people to your site. It should be an identity that distinguishes your services from others.
Besides domain names and their possible violation, keyword infringement is a new problem in cyberspace, wherein original trademarks are lifted and used as keywords in advertisements put up through MSN, Yahoo, and Google, with the deliberate intention of creating a misunderstanding and confusing among the customers.
If the promotional ads help in increasing the sale of the trademark holder, it is not an infringement but the problem arises when the infringer starts using such ads for promoting his own product for a commercial advantage.
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