Internet Trademark Laws

Internet trademark laws are the same in substance as general trademark laws in that the crux of the issue is usually whether two marks are so similar that there is a substantial likelihood of confusion by the public.  Where substantial likelihood of confusion exists between the trademarked product and the similar product, the courts will likely determine that trademark infringement has occurred. 

Electronic Trademark Laws and Protection

Electronic trademark issues commonly arise on the internet in the form of disputes over domain names.  In cases where a domain name is trademarked, if someone buys a domain that is almost exactly the same except for one letter, there is probably a likelihood of confusion, especially if the trademarked site is particularly unique.  In cases like this, the buyer of the substantially similar domain may be relying on input error from an individual attempting to access the trademarked site, but who misspells the address and ends up at the alternate site (i.e. coca-cola.com vs. coco-cola.com).  Electronic trademark issues consider the similarity of the marks, the similarity of the goods, the channels of trade, and the sophistication of the consumer as part of the trademark analysis.  Issues of intent of the infringer and the presence of actual confusion are factors as well.

How to Create an Online Trademark

In order to register an online trademark, a full electronic trademark search must be done to ensure that the product for which a trademark is being sought is not previously trademarked.  Once the online trademark search is done, those seeking an electronic trademark should visit the United States Patent and Trademark Office website at www.uspto.gov to continue the trademark search and begin compiling the necessary descriptions and materials required to apply for a trademark.

Legal Issues

Infringement

Common legal issues around electronic trademark cases include situations where a third party is using a trademark that is similar to the trademark owned by another individual.  In situations like these, the trademark office will not generally be the proper venue to dispute the third party use of the trademark.  Instead, individuals with trademark disputes will have to contact an intellectual property attorney who specializes in electronic trademark issues to help resolve the issue.

Filing Problems

Other legal issues concern legal filing requirements around the trademark application itself, where the examining attorney at the US Trademark Office will make a determination if the application complies with the Trademark Act of 1946, 15 U.S.C. §1051 et seq. , and the Trademark Rules of Practice, 37 C.F.R. Part 2.  If the application does not meet the requirements, the applicant will have the opportunity to cure any defects within 6 months of being notified of deficiencies before the USPTO considers the application abandoned.  If the application is denied, individuals will have to hire an attorney and appeal the decision to the Trademark Trial and Appeal Board, the administrative tribunal of the USPTO.

Getting Legal Help

The process to get an electronic trademark can be extremely technical and requires a great deal of knowledge around the nuances of trademark law.  From conducting preliminary searches to understanding which trademarks may give rise to “substantial likelihood of confusion” sufficient to bar the trademark application, a skilled trademark attorney can mean the difference between successfully obtaining an electronic trademark and being denied.  If you are interested in beginning the process of getting a trademark, you would be well advised to contact an attorney in your area who has extensive experience in trademark law.