Internet Trademark Laws

The Internet Trademark Law is the same as those in general trademark laws, whereas the difference could be the issue of whether two trademarks are just too similar that there’s the likelihood that one could get them confused. So if there is the likelihood of the public being confused between the actual trademarked and the “copied” product, courts will usually determine that the trademark infringement occurred.

Laws and Protection of Electronic Trademark

This can commonly occur with the domain names are an issue and disputes arise. If a domain name has a trademark, if anyone purchases a domain having a very similar trademark, say one letter changed, there will be the probability of confusion.

Especially when it is a character or figure that is the trademark and they are just changing the image slightly, hoping that an input error when an individual attempt to access an actually trademarked site clicks on theirs or uses a typo in the address bar. Thus, bringing them to the “alternate” site and not the trademarked site and channeling traffic to their site and hoping for business.

Creating an Online Trademark

Before registering a trademark online, you must do a full electronic trademark search to assure that the trademark was not already done on that image or word(s). Next, you will need to go to the United States Patent & Trademark Office’s website and continue your trademark search and to begin getting the materials and necessary descriptions you need when applying for the trademark.

Legal Concerns

There are legal issues that are common with electronic trademarks where a 3rd party uses a trademark too similar to a trademark which is already owned by someone else. In this situation, the trademark offices won’t usually be the right venue in disputing the 3rd party usage of that trademark. They will have to actually contact their own property attorney who deals with electronic trademark concerns in order to help them resolve the trademark issue.

Problems with Filing
Another legal concern is the requirements for legal filing, around a trademark application, this is when the attorney examining it from the US Trademark Office makes the determination if your application complies to Trademark Act of 1946, 15 U.S.C. §1051 et seq., as well as Trademark  Rules of Practice, 37 C.F.R. Part 2.  In the event that the application doesn’t meet these requirements an applicant then has opportunity to fix any of the defects in a six month period, which starts when they were notified of such deficiencies, if not taken care of in that time frame, the USPTO can consider it abandoned and you would have to apply again. If they deny it you have the right in hiring a lawyer and appeal that decision made by the Trademark Trial and Appeal Board,

Obtaining Legal Help
It can be very technical to go through the process of obtaining the electronic trademark so you need someone with a lot of knowledge in the trademark laws. Hiring a skilled attorney in trademark laws can help you avoid such issues as the likelihood of confusion and thus being denied and having to re-apply. When you’re interested in getting the process started it is best advised that you first contact an attorney that deals with trademark laws in your area.

Then, we also might also want to learn more about Intellectual Property laws. These can be divided into a few major areas, but basically, there are two major fields that they cover, industrial properties laws and copyright laws. Please note that Copyright Laws protect owners of creative works’ rights and provide exclusive rights to control (re)production and/or adaption of creative works.