Trademarks are an important type of IPR that safeguard words, logos and symbols used by a particular firm. They not only ensure that the consumers are not puzzled by fake products but also allow the trademark owner to take legal action against fraudulent persons or companies, who try to counterfeit the mark to make a profit out of it.
Laws of trademark provide for legal action in case of dilution of trademark of a well known firm and when there is a significant possibility of creating a misunderstanding in the minds of the customers.
A trademark is said to be diluted when a person or company tries to harm the distinctiveness of the trademarked goods of a popular company, which in turn might cause damage to the image of the latter company in the eyes of the consumers. For example, if the trademark of a shoe polish manufacturer significantly resembles that of a popular food manufacturer, customers might believe that the firm is moving away from its core product, which might affect its perceived quality.
The infringement based on likelihood of misunderstanding arises when two trademarks are identical or so strikingly similar that the consumers can't distinguish between them. The confusion could be related to anything ranging from the nature of the item to the identity of the manufacturer. The basic reason for such a violation is that an average customer cannot be expected to remember the precise specifications of all the products in the marketplace. In situations like these, any imitation of the mark can cause substantial financial and reputation loss for the firm that is the original owner of that trademark.
These are not the only claims of violation that can be made in relation to trademarks. One such claim is where an action is brought because another firm is projecting its products as if they were created by the owner of the trademark. Similarly, action can also be taken for unhealthy competition and other such allegations.
Laws of trademark provide for legal action in case of dilution of trademark of a well known firm and when there is a significant possibility of creating a misunderstanding in the minds of the customers.
A trademark is said to be diluted when a person or company tries to harm the distinctiveness of the trademarked goods of a popular company, which in turn might cause damage to the image of the latter company in the eyes of the consumers. For example, if the trademark of a shoe polish manufacturer significantly resembles that of a popular food manufacturer, customers might believe that the firm is moving away from its core product, which might affect its perceived quality.
The infringement based on likelihood of misunderstanding arises when two trademarks are identical or so strikingly similar that the consumers can't distinguish between them. The confusion could be related to anything ranging from the nature of the item to the identity of the manufacturer. The basic reason for such a violation is that an average customer cannot be expected to remember the precise specifications of all the products in the marketplace. In situations like these, any imitation of the mark can cause substantial financial and reputation loss for the firm that is the original owner of that trademark.
These are not the only claims of violation that can be made in relation to trademarks. One such claim is where an action is brought because another firm is projecting its products as if they were created by the owner of the trademark. Similarly, action can also be taken for unhealthy competition and other such allegations.
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