Trademarks are a kind of IPR that offer safety to certain words or symbols used by a firm. They provide the trademark holders with the rights to bring legal proceedings against the violators or imitators of their mark and at the same time avert the consumers from being influenced by counterfeit items available in the market.
Laws of trademark provide for legal action in case of dilution of trademark of an established firm and when there is a high probability of causing confusion in the minds of the customers.
A trademark is said to be diluted when a person or firm tries to damage the distinctiveness of the trademarked products 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 is identical or even similar to that of a well known food manufacturer, consumers might think that the company is moving away from its core product, which might adversely affect its quality of products.
The infringement based on likelihood of misunderstanding arises when two trademarks are exactly alike or so similar that the consumers can't distinguish between them. The said confusion can be with regard to the source of the product, sponsor or any other crucial factor. The main reason behind such misunderstanding is that firms are normally dealing with ordinary customers with imperfect memory of the products that they find in the market. In such a situation, the real trademark owner is at a risk of significant financial and credibility loss due to an infringement by another company.
These are not the only allegations of infringement that can be made in relation to trademarks. The trademark holder can take punitive action against a firm that attempts to sell off its products as ones coming from the firm that owns the trademark. Similarly, the trademark owner can also allege unfair competition and other trade malpractices.
Laws of trademark provide for legal action in case of dilution of trademark of an established firm and when there is a high probability of causing confusion in the minds of the customers.
A trademark is said to be diluted when a person or firm tries to damage the distinctiveness of the trademarked products 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 is identical or even similar to that of a well known food manufacturer, consumers might think that the company is moving away from its core product, which might adversely affect its quality of products.
The infringement based on likelihood of misunderstanding arises when two trademarks are exactly alike or so similar that the consumers can't distinguish between them. The said confusion can be with regard to the source of the product, sponsor or any other crucial factor. The main reason behind such misunderstanding is that firms are normally dealing with ordinary customers with imperfect memory of the products that they find in the market. In such a situation, the real trademark owner is at a risk of significant financial and credibility loss due to an infringement by another company.
These are not the only allegations of infringement that can be made in relation to trademarks. The trademark holder can take punitive action against a firm that attempts to sell off its products as ones coming from the firm that owns the trademark. Similarly, the trademark owner can also allege unfair competition and other trade malpractices.
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Discover more about trademark registration Singapore and discover how does a patent lawyer and IP protection increase the net worth of your business very fast. Unique version for reprint here: Basis Of Action For Trademark Infringement.
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