Have you ever got into the domain name and trademark issues? I hope that you are lucky enough to get away with such issues. Buying domains is not expensive. Anybody can buy a domain for less than 10 dollars. This easy process of buying domains has led to increasing in the number of cyber squatters. It is important to know how to stay out of trademark infringement issues when registering a domain name. Simple negligence during the purchase of a domain can cost you a lot of money if you get yourself into trademark infringement issues.
What is a Trademark?
A trademark is a mark, logo, or name which
is used by a company to identify its goods and services. The trademark
represents the identity of the company. Any business can register its
trademark with the concerned local authority responsible for trademark
registrations. It must be clarified that it is not mandatory to register
a trademark by the owner to protect the identity of his business.
Trademark laws are actually designed to protect consumers who get confused with
products or services having the same name, logo, or mark as their identification.
Please remember the following important facts with respect to the definition of
Trademark:
It is not enough for the
applicant to be a provider of services; the applicant must also use the mark to
identify the named services for which registration is sought”. Providing a
service which is normally ‘expected or routine’, in connection with the sale of
one’s own goods, is not a Registerable service.
The operation of a website
is the service of providing information. If your website only provides
information about you, your company, your products, or your services then your
site is incidental to the operation of your business. You can not secure or
protect your right to the exclusive use of a domain name that is only self-serving.
What will get you in Trademark Infringement
issues for your domain name?
If any business is using a well-known name
like Coca-Cola as part of its product, service, or business name, the trademark
has been infringed. Trademark infringement means using others’ trademarks
on the goods or services in such a way that it confuses others about the source
or affiliation of the goods or services. In the online business, the
trademark is infringed by registering a domain name that is similar to the
existing trademark owner’s domain name. When an owner files a complaint with
the concerned authority claiming infringement of trademark, the owner will be
required to prove that:
·
The domain name is
completely identical or confusingly similar to the trademark
·
The domain name
registrant has no right or legitimate interest in the domain name
· The domain name
registered is being used in bad faith & fully knowing that the domain name
violates the trademark laws.
There are laws in every country which
prohibit the use of goods or services infringing trademark. These laws
provide for huge penalties for the persons or businesses which indulge in
violation of trademark laws.
How to stay out of Trademark issues when
registering a domain name?
Considering the rampant misuse of trademark
and the penalties attached to it, it would be wise on your part to ensure that
the domain name you register for your website does not get you in trouble due
to trademark issues. You need to take the following precautions before
registering your domain name:
Search
thoroughly on the major search engines whether the domain name you are willing
to register has been used by any other website or company as the name of
business, brand, goods, or services. If you find any such business,
product, or service using the same name, you should consider finding some other
domain name for registration.
Look for identical domain names at whois.net and check whether those domain names contain
trademarks of any business, goods or service.
Search the
trademark registration database and check whether the keywords in your domain
are infringing any of the registered trademarks.
Take legal
advice to get rid of the domain name and trademark issues.
Prevention is better than cure. In
this case, there would be no cure if you are found using a domain name that will
invite trademark issues. The best advice would be to ensure that you
don’t get into trademark issues and register a domain name only after a thorough check.