Legal Question in Intellectual Property in India

Re: Use of a Trade Mark on Web Page

Answering your question literally, if the mark is not applied to goods then, of course, the mark is not used "as a trademark on goods." Moving beyond this tautology, let's address the real issue.

The touchstone of trademark protection under federal law is use of a mark in commerce. It is clear that an e-commerce Web site that conducts interstate sales of goods is engaged in commerce within the statutory definition. If it does so under a protectable logo/house mark (e.g., Amazon.com), then it is entitled to protection under the Lanham Act within the scope of its business activities. If its house mark is not affixed to the goods, but instead the goods are sold bearing the mark of the manufacturers of the goods, this would only mean that the Web vendor could not protect its mark in the trademark class applicable to the goods sold; it does not affect the validity of the mark in the trademark class for retail sales.

Re: Use of a Trade Mark on Web Page

Contrary to the prior post, I think what you describe is use for purposes of Federal trademark or service mark registration. The statute does not require use "on the goods" in the literal sense but rather "on or in connection with" the goods. (see Sect. 1(a)of the Act) Sect. 45 of the Lahnam Act(15 USC Section 1127) defines "use on the goods" as including use on containers for the goods, displays associated with the goods, on tags, on labels or (if that is impracticable) then on documents associated with the goods or their sale.

Use of a mark on a website where ordering information is also provided has been held to meet the "documents associated with the goods or their sale" criteria. That also makes common sense as that is the location and moment at which the consumer makes the buying decision and is thus the location and moment where absence of likelihood of confusion is most important.

With service marks, use on advertising is sufficient as use, so website use is quite sufficient as proof of use and is routinely accepted as such by the USPTO.

I am unclear what you mean by products of others. It is okay to use someone else's trademark to describe their products or services. (e.g. "For sale, a '96 Chevy Blazer.") The problem comes if you are applying someone else's product logos to falsely imply that they are sponsoring you. A disclaimer may help avoid false implication. However, most manufacturers want their logos used (the option being you use their competitor's logo) and will give you permission to do so.

If the house mark/logo of which you speak is your own mark, then use in connection with goods of others is still use. Absent some contractual obligation not to use your mark on someone else's goods, there is nothing to prevent goods from having multiple trademarks on them, some being the suppliers and some being yours. In fact, that is the usual case. For example, car dealers almost always stick a label or license plate holder on new cars bearing the car dealer's logo.

If you need more specific comments, contact a trademark attorney. This is all you get for free from me.