Why Get Trademark Protection For Online Business?
Is it necessary that I register my name as one federal trademark?
The answer to this question is obviously, "Yes".
The reason why it is essential that a business name be registered as a federal trademark is because the registration itself enables the clients along with the counsel to quickly act on any possible unauthorized use of the individual names for the purpose of marketing the goods and services. It is actually a kind of practice that floods the Internet nowadays.
The registration itself is known as the "poison pill". It is termed as such because it prevents the attempts of uninvited takeover by the competitors. Hence, only those individuals with the legal trademark rights in specific individual names are able to utilize the trademark registration for such purpose.
Specifically, there are two known principal reasons on why businessmen should consider registering an individual's name as the trademark.
First, it furnishes the access to the fast and less expensive remedies that can be easily afforded by the trademark owners that previously have marks included in some unauthorized domain names.
Second, it makes a "poison pill" against those competitors that purchase the marks or try to infringe on one's owned trademark.
Nevertheless, the term "right of publicity" is one legal doctrine that is used to stop any unauthorized use of an image, person's name, or likeness of the word or symbol all for commercial purposes.
Moreover, under the United States anti cyber squatting statute, there is certain amount covered as a relief for theft of the unregistered individual names only when there is a proof of registration for the purpose of selling the name to be able to profit. It doesn't however give the protection against the competitive uses.
How can the federal trademark benefit an individual businessman?
When an individual's name appears in the URL in the domain that is used and owned by a third party, there are two possible choices of remedies to go for.
First, the arbitration should be filed either before the WIPO or ICANN approved forums. The decision arises within a period of two months after the appointment of the arbitrator. There are of course 3 elements to be secured—the disputed name's similarity to the service mark or trademark that the complainant has the right to, that the registrant has no legitimate rights whatsoever in the mark, and that the registration has been made in bad faith.
Because there are a lot of scrupulous individuals online, it is a must that the registration of a trademark is done. Actually, it is the first step for you not to face the hassles of doing business. Whatever happens, your trademark is legally protected.