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Illegal use of a trademark in a website

In real life, many right holders know or are nearly aware of methods capable of protecting their rights in a case of illegal use of a registered trademark by third parties (e.g., by affixing a respective trademark to counterfeit goods).

But, how can one react, if his/her trademark is used for identifying a product on somebody else's website?

In order to consider this issue, it is necessary to analyze the legislative definition of illegal use of a trademark.

Use of a trademark in the internet forms an offence if:

  • it is related to sales of a disputable product, introduction of it into the civil turnover (that is, for example, if a trademark duly registered by the right holder is used in another online store);
  • if for a potential consumer it is confusingly similar to an already registered trademark.

A conclusion of a patent attorney will help to understand whether a sign used on a website is confusingly similar for consumers.

If an infringement of your exclusive rights to a trademark is identified, it is recommended that this fact should be fixed, since it will form the basis of a statement of claim concerning infringement of the exclusive rights to a trademark to be filed with a court.

Specialists of our Patent Bureau are ready to provide skilled assistance to you in a case of illegal use of a trademark, as registered by you, on an Internet resource. In particular, we can develop a policy of protection, assist in conducting negotiations with the infringer with the aim of pre-trial regulation of a dispute, ensure examination, if necessary, and represent your interests in Rospatent and in a court.