Trade Marks & Service Marks on the Internet

By:Maitland Kalton

The problem with trade and service marks on the Internet is that trademarks are territorial (i.e. they are registered for specific areas/countries) whereas the internet, by definition, is global and almost "anti-territorial". This leads to major complications again beyond the scope of this handout. Just be aware of the following:

Class of Goods and Services
Trade & service marks are registered according to classes of goods or services, so that usually if trademark is registered in an entirely different class from your area of interest, it is not a registered trademark infringement to use the same name in another field. There may be other rights that protect the other name holder including "passing off" so be careful and never use a trademark without getting expert advice in advance.
Unjustfied Threats of Legal Proceedings
Do not threaten legal action for breach of your own trademark without being sure you have a right otherwise the potential defendant may elect to sue you for harassment (a "threats action") and claim damages for the damage caused to them. This option was inserted into the Trade Marks Act in the 1990s to prevent overzealous attempts to enforce trade mark rights and stop trade mark owners from participating in heavy-handed trading tactics.
Descriptive Trade Marks and Registrability
Not all names are registrable as a trademark - words that are descriptive or relate to a geographic area, for example. However, if you qualify, it is often well worth while registering your business name and product names as trademarks as it gives you much greater power over others using a similar or same name. If you carry out significant amounts of business outside the UK, you may need to select other key jurisdictions in which to register at the same time - if you can afford it, always use a trademark attorney. For further information on checking existing registrations or making new applications, visit the Patent & Design Office's excellent web site: www.patent.gov.uk.

http://www.kaltons.co.uk

Kaltons Solicitors

Digg del.icio.us Blink Stumble Spurl Reddit Netscape Furl

Article Source: http://www.articles2k.com

Top Marketing Articles
1). "Blogging" For Fun & Profits" By : Jim Edwards Unless you've been under a rock for the last year, you'veheard the term "blog" once or twice. To most people, a "blog" simply represents a
2). Are you an Internet Marketing Failure By : Michael E Williams No one wants to admit it, but the sad truth is only 5% of the people are making any kind of money on the internet. Sure you see programs after pro
3). "Simple Messages in Advertising" By : Kevin Nunley It is better to advertise with simple messages and have everyoneunderstand you, than to advertise with complex messages and haveonly 20% of vi
4). Banners Vs Text Ads By : Robin Forbes ( The Debate Continues... ) Banner ads or text ads which are the most effective? The simple reality is BOTH are effective. It’s how you use yo
5). Advertainment is sneaking into music, movies, TV and more. By : Scott G (The G-Man) Barcodes in commercials, wristwatch credit cards, and bathroom broadcasts are just some of the changes we're going to see as advertising keeps on blen
6). 10 Things You Can Do TODAY to Boost Traffic to Your Website By : Michael Hopkins Are you twiddling your thumbs and wondering what you might do today to bring more visitors to your website? If so, then twiddle no more! Here'
7). 3 HOT WAYS TO CRANK UP YOUR SALES! By : Larry Dotson 1) QUICK FOLLOW-UPSWhen you make your first sale, follow-up with thecustomer. You could follow-up with a "thank you"email and include
8). 40 Essential Communications Pieces For Your Sales Arsenal By : Kris Mills I often get asked what sorts of sales pieces does a business needto maximise their sales conversions and repeat sales. Well - every business I
9). Consumer Styles: Research Review By : Darrin F. Coe According to research done by Elizabeth Sproles and George Sproles (1990) in the Journal of Consumer Affairs, there is a significant link betwee
10). Give Your Web Site a Big Company Look By : Alexandria Brown If you want to attract high quality clients and customers, and convey that you're a legitimate, credible, and sought-after business, these five po

New Marketing Articles
1). Reap More Profits by Opening Your Kimono By : Chris Ellington Dramatically grow your business by sharing some information you never thought you should.
2). The Benefits Of Multilevel Marketing By : Obinna Heche Multilevel marketing is picking up a lot of steam. This is due to the large amount of people online that are hyping multilevel marketing and all of the profits that go along with it. And if you are interested in this business, you should not have any problem finding information online to help you get started.
3). Marketing Your Work At Home Business Idea By : Obinna Heche You have a great home business idea and you have decided to jump in with both feet. You have already set up your computer, signed up with a reseller or the company who will provide you some leads and you have even come up with an innovative plan to get the kids and the rest of the family involved.
4). How To Reduce Your Competition at Trade Shows and Expos By : Stephanie Gibbs You can reduce your competition at Trade Shows and Expos. You will be able to get new customers and make more money. Just like in Baseball, you have three bases to cover. If you are willing to step up to the plate and do it right, you can hit a Home Run.
5). Blogs - A Powerful Home Business Marketing Tool By : Obinna Heche One of the best home business marketing ideas is a business blog. What makes a business blog one of the top notch marketing tool for a home business is that its easy to create, its inexpensive to build and run and its so casual and conversational that the owner can draw consumers in a non threatening way.
6). Sales Tips - "How Do I Combat Price Objections?" By : Ray Turnbull The cheapest price in the marketplace, as most people are now aware, does not guarantee you value for money.
7). Custom Packaging and Shrink Wrappings: An Important Role In Selling Your Product By : Gordon Petten When manufacturers first consider a product, they often discount the issue of packaging. They seem to think such decisions can wait until the product is ready for production.
8). How to Think Like a Journalist By : Penny Sansevieri If your media campaign is on the rails, you may not be thinking like a journalist!
9). All About Fulfillment Marketing Firms By : Scott White Today, most marketing companies specialize in these specific roles. While the complexity of marketing communications today requires technical and creative expertise, these often small agencies can’t quite put together an integrated marketing campaign.
10). It’s All About Marketing and Perceived Value By : Jaci Rae It’s all about marketing and perceived value. How do you add value to your product and market it to success?