When Is A Trademark Said To Be Infringed

Trademarks are a kind of IPR that offer safety to certain words or symbols used by a company. Their main function is to protect the customers from being influenced by similar goods in the market. however, they also allow the trademark owner to prosecute anyone trying to fake their marks for making personal profits.

Laws of trademark provide for action in case of dilution of trademark of an established company and when there is a high probability of causing confusion in the minds of the consumers.

A trademark is considered to be diluted when an individual or company tries to damage the distinctiveness of the trademarked goods of a famous firm, 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 is identical or even similar to that of a popular food manufacturer, consumers might believe that the firm is diverting from its speciality, which might affect its perceived quality.

The infringement based on likelihood of confusion arises when two trademarks are identical or so similar that the customers can’t differentiate between them. The confusion could be related to anything ranging from the nature of the item to its exact source. The underlying assumption behind such an infringement is that an average customer cannot be expected to remember the precise specifications of all the items in the marketplace. In such a situation, the real trademark holder is at a danger of significant financial and credibility loss on account of a deliberate infringement by another company.

These are not the only claims of infringement that can be brought with respect to trademarks. The trademark holder can take legal action against a firm that attempts to sell off its products as ones coming from the firm that owns the trademark. In the same manner, allegations can also be brought on account of unfair market competition.

Discover more about Trademarks and learn how does an Patents protection increase the net worth of your business very fast.

Published by: Danny Arcilla on November 6th, 2009 | Filed under Trademarks



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