Trade marks on the Internet may be used to distinguish the goods and services of one undertaking from those of another, or without reference to relevant goods and services. Trade marks can be used on the Internet without reference to goods or services in domain names, links, metatags, pop-up ads, framing and spam messages. Such use of trade marks may be legally justified or may constitute a trade mark infringement. Whether an infringement has occurred will depend on the purpose and intention of the use of the mark, and the likely impact on the trade mark holder’s business.
Overview of the guide
The guide serves to highlight the ways in which trade marks can be infringed on the Internet, methods of protecting trade marks, and importantly, how trade mark holders can assert their rights. As the technology evolves, the ways in which trade marks can be infringed keep developing and changing, presenting trade mark holders seeking to protect their rights with new challenges. This publication provides guidance on the relevant law in a number of EU member states as well, as in Switzerland and Russia.
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