News Item

Trade Marks on Facebook

Please see news update 16 June 2009

12 June 2009

From 13 June 2009, users of Facebook, the social networking website, will be able to register personalised URLs for their Facebook pages (e.g. facebook.com/name).

In anticipation of possible issues with unauthorised use of registered trade marks in such personalised URLs, Facebook has provided an online form for trade mark owners to apply to block their registered trade marks from being registered as a username.

If you are concerned about unauthorised use of your registered trade mark in this way then you can find the online form at:

http://www.facebook.com/help/contact.php?show_form=username_rights

The form appears to be quite straightforward, requiring basic details of the trade mark in question, and at least one registration number. It does not appear possible to make a blocking application based on anything other than a registered trade mark. It is also not clear what will happen if there is a conflict of rights, although it may be possible to make a complaint under the more general Facebook provisions for the use of intellectual property.

If you have any questions about the use of trade marks as sponsored keywords, contact your usual Marks & Clerk attorney or Kirsten Gilbert at kgilbert@marks-clerk.com.