Defining Infringement Of Trademark Rights

1307 WordsNov 12, 20156 Pages
2. Trademarks Trademarks will include names or marks that are associated with Snapdeal’s products and services. While trademark rights are acquired by use, registering the company’s trademark with the Indian government Intellectual Property Office will enhance its rights. A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these. Clearly, it is notable that website content can infringe on trademark rights. The similarity of the marks and the similarity of the goods or services are important factors in assessing infringement of trademark rights. If Snapdeal has a unique name for its business or product then the company should seek advice from an experienced trademark lawyer. Internet trademark use that is lawful in the website owner’s jurisdiction may infringe trademark rights in other jurisdictions. The following are some measures that Snapdeal may consider to protect trademarks on the Internet. • Ensure that the Internet been searched for the trademark Snapdeal intends to use. It will be wise to conduct this search before registering and using domain names. • Snapdeal should consider using and registering its domain name as a trademark. This will help the company support a claim of trademark rights if someone challenges its use of a particular trademark. Registrations should be made in as many common domains as possible (e.g. .com, .ca, .org, .net). • Snapdeal must declare its trademark right on its websites and also declare its
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