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8 Jan 2010Any talk on the requirement of trademark laws for the internet invariably leads to the requirement of trademarks for different domain names. This becomes essential if the consumers are going to know you and the goods or services that you offer by your domain name.
Once you are a trademark holder of a domain name, you can take legal action against a firm for making use of a similar name and thus confusing people into believing that you, the original trademark owner, are somehow linked with their web site.
However, you must undertake a search on the database of domain names to see if your proposed mark is infringing any of the already present ones. Your investigation must confirm the fact that your trademark is unique and does not match with others in sound, meaning or spelling. Get your mark registered only after ensuring that it will not give rise to any possible trademark infringement claims.
To attain this, it is always advisable to hire the services of a lawyer, especially a cyber law expert who is aware of all the nuances of the trademark regulations. This can greatly help in avoiding future disputes related to possible infringement.
You should also remember that the domain name that you are seeking to register should be able to act as an identifier of your products and service and should not be just an online address to bring people to your website.
Besides violation of domain names, keyword infringement has emerged as a new menace in virtual domains, which means violation of original trademarks by their unauthorized use as keywords in promotions on Google, Yahoo etc with a purpose to confuse the customers or to dilute the original trademark.
If the online ads help in increasing the sale of the trademark holder, it is not an infringement but the problem arises when the infringer starts making use of such advertisements for promoting his own product for an economic advantage.
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