Possible Causes Of Trademark Infringement Claims
Posted by Danny Arcilla | Filed under Business
Trademarks are a kind of IPR that provide protection to certain words or symbols used by a company. They provide the trademark owners with the rights to take legal action against the infringers or counterfeiters of their mark and at the same time avert the customers from being influenced by counterfeit items available in the market.
Trademark laws provide for 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 can get diluted by the unlawful actions of unscrupulous individuals or companies, which can tarnish the reputation of the company by making a wrong projection of the trademarked product with respect to a particular feature or in a general way. For instance, if a trademark used by a company that manufactures food products is used by another company for marketing rat poison, the customers might think that the former has gotten into a trade that compromises the quality of its products.
The chance of misunderstanding arises in case of use of trademarks that are identical or so remarkably similar that the customers will fail to differentiate the two. The misunderstanding could be related to anything ranging from the features of the product to its exact source. The underlying assumption behind such a violation is that an average customer cannot be expected to remember the exact specifications of all the products in the marketplace. In cases like these, any imitation of the mark can result in substantial financial and reputation loss for the firm that has the rights of ownership of that trademark.
However, this is not a comprehensive list of the types of trademark infringements that can occur. The trademark owner can also take legal action for pass off, which implies that some other company is trying to market its products claiming to be coming from him. Similarly, the trademark owner can also allege unfair competition and other trade malpractices.
Discover more about Trademarks and learn how does an Patents protection increase the net worth of your business very fast. Get a totally unique version of this article from our article submission service
Tags: Business, business idea protection, business value, copyright, ideas protection, Intellectual property, IP law, IP lawyer, patents, protecting business ideas
Comments are closed.
