Provides legal protection for your brand. Helps protect you against counterfeiting and fraud. The main purpose of a brand is to avoid unfair competition between companies that use consumer confusion to get more business. For example, if an independent restaurant used an arched gold M as a logo, it could confuse customers who think the establishment is a McDonald's.
Causing this type of confusion is against trademark law.
trademarks
not only help distinguish products within legal and commercial systems, but also significantly among consumers. Used to identify and protect words and design elements that identify the source, owner, or developer of a product or service. These can be corporate logos, slogans, bands, or the brand name of a product.Like a trademark, a service mark identifies and distinguishes the source of a service rather than a product, and the term trademark is often used to refer to both trademarks and service marks. A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the products of a manufacturer or seller from those of others who may also sell those types of products. The main objective is to identify the source of the goods rather than describing their qualities. In other words, trademarks are used to distinguish a company's products from others in the market.
Because a trademark must be used to maintain rights to that trademark, a trademark can be “abandoned” or its registration can be canceled or revoked if the trademark is not used continuously. In addition, the courts have respected the rights of trademark owners in the commercial use of domain names, even in cases where the products sold there legitimately bear the brand. The 10th Circuit affirmed the rights of the trademark owner to that domain name, despite arguments of promising impediment. This conflict is easily resolved when the domain name owner uses the domain to compete with the trademark owner.
Since then, most jurisdictions have amended their trademark laws to specifically address domain names and provide explicit remedies against cyberoccupants. Amazon is an excellent example of a protected trademark for a domain name that is essential for the public identification of the company and its products. The advent of the domain name system has led trademark holders to try to assert their rights to domain names that are similar or identical to their existing trademarks, in particular by seeking control over the domain names in question. This is particularly desirable for trademark owners when the domain name registrant may be in another country or even be anonymous.
Among brand professionals, there continues to be a great debate around trademark protection as part of the proposed expansion of the generic high-level domain name space. In addition, if the owner of a trademark does not maintain adequate quality control and supervision over the manufacture and supply of the products or services provided by a licensee, such bare license will eventually negatively affect the owner's rights to the trademark. The Act also established a procedure for the publication of applications and expanded the rights of the trademark owner to include a ban on the use of the trademark, even in cases where confusion remained unlikely. Trademark rights generally arise from the use of, or to maintain exclusive rights to, that firm in certain products or services, assuming there are no other objections to the trademark.
As with other trademarks, the domain name will not be subject to trademark registration, unless the proposed trademark is actually used to identify the registrant's products or services to the public, rather than simply being the Internet location where the applicant's website appears. For example, elevator was a registered trademark at one time, but due to overuse, the word became generic and became public domain. Trademarks can also serve as an incentive for manufacturers, suppliers, or suppliers to consistently provide quality products or services to maintain their business reputation. As with dilution protection, enforcing trademark rights over domain name owners means protecting a brand outside the obvious context of its consumer market, because domain names are global and not limited by goods or services.
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