Trademarks are an important type of IPR that protect words, logos and symbols used by a specific firm. Their main function is to protect the consumers from being influenced by similar products in the market. however, they also allow the trademark owner to sue anyone trying to fake their marks for making personal profits.
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 consumers.
A trademark is said to be diluted when an individual or firm tries to harm the distinctiveness of the trademarked products of a famous company, which in turn might cause harm to the reputation of the latter company in the eyes of the customers. For instance, if a firm producing food items has a particular trademark, which is then imitated by another firm that manufactures pesticides, there is a chance of customers thinking that the former is compromising with its product quality.
As far as the probability of confusion is concerned, it is based on the striking resemblance of the two marks, making it tough for the customers to distinguish between the products. The said confusion can be with regard to the source of the product, sponsor or any other relevant factor. The main reason behind such misunderstanding is that companies are normally dealing with ordinary customers with average memory of the products that they see in the market. In such a case, a violation of trademark would have major potential to cause financial harm to the firm that holds the genuine trademark.
However, this is not an exhaustive list of the kinds of trademark violation that can occur. The trademark owner can take punitive action against a firm that tries selling off its items as ones coming from the company that owns the trademark. In the same way, claims can also be brought due to unfair market competition.
Discover more about Trademarks and learn how does an Patents protection increase the net worth of your business very fast.
No related posts.
Comments on this entry are closed.