Trademarks are intellectual property rights that offer safety to certain words or logos used by a company. Their main function is to protect the consumers from being influenced by similar products in the market. But, they also allow the trademark owner to sue anyone trying to fake their marks for their own economic gain.
Laws of trademark provide for action in case of dilution of trademark of a well known company and when there is a high probability of creating a misunderstanding in the minds of the customers.
A trademark is said to be diluted when a person or company tries to damage the distinctiveness of the trademarked products of a famous firm, which in turn might cause damage to the image of the latter company in the eyes of the customers. For instance, if the trademark of a pesticide manufacturer is identical or even similar to that of a well known food manufacturer, consumers might think that the firm is moving away from its core product, which might affect its perceived quality.
As far as the probability of misunderstanding is concerned, it is based on the deceptive similarity of the two marks, making it hard for the consumers to distinguish between the items. The confusion could be about anything ranging from the nature of the product to the identity of the manufacturer. The basic reason for such an infringement is that an average customer cannot be expected to keep in mind the precise specifications of all the items in the marketplace. In cases like these, any imitation of the mark can cause substantial financial and image loss for the company that is the original owner of that trademark.
However, this is not a comprehensive list of the types of trademark infringements that can take place. The trademark holder can take punitive action against a firm that attempts to sell off its items as ones originating from the company that owns the trademark. In the same way, action can also be taken for unhealthy competition and other such claims.
Laws of trademark provide for action in case of dilution of trademark of a well known company and when there is a high probability of creating a misunderstanding in the minds of the customers.
A trademark is said to be diluted when a person or company tries to damage the distinctiveness of the trademarked products of a famous firm, which in turn might cause damage to the image of the latter company in the eyes of the customers. For instance, if the trademark of a pesticide manufacturer is identical or even similar to that of a well known food manufacturer, consumers might think that the firm is moving away from its core product, which might affect its perceived quality.
As far as the probability of misunderstanding is concerned, it is based on the deceptive similarity of the two marks, making it hard for the consumers to distinguish between the items. The confusion could be about anything ranging from the nature of the product to the identity of the manufacturer. The basic reason for such an infringement is that an average customer cannot be expected to keep in mind the precise specifications of all the items in the marketplace. In cases like these, any imitation of the mark can cause substantial financial and image loss for the company that is the original owner of that trademark.
However, this is not a comprehensive list of the types of trademark infringements that can take place. The trademark holder can take punitive action against a firm that attempts to sell off its items as ones originating from the company that owns the trademark. In the same way, action can also be taken for unhealthy competition and other such claims.
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