Trademarks are intellectual property rights that offer safety to certain terms or logos used by a firm. They not only ensure that the customers are not puzzled by fake products but also permit the trademark owner to take legal action against fraudulent persons or firms, who try to counterfeit the mark for their commercial gain.
The two main reasons of legal action brought under the trademarks framework are dilution of the trademark of a renowned firm and likelihood of confusion for the customers.
The infringement caused by dilution of the trademark includes purposeful actions on part of other firms or manufacturers that will lead to affecting the uniqueness of the mark of a well known company, which in turn would reduce the reputation of its products in the market. For instance, if the trademark of a pesticide manufacturer is identical or even similar to that of a well known food manufacturer, consumers might think that the company is diverting from its speciality, which might affect its quality of products.
As far as the probability of misunderstanding is concerned, it is based on the deceptive similarity of the two marks, making it hard for the customers to distinguish between the products. The said misunderstanding can be with regard to the source of the product, sponsor or any other crucial factor. The main reason behind such confusion is that firms are generally dealing with average customers with imperfect memory of the products that they see in the market. In such a case, a trademark infringement would have major potential to cause commercial harm to the firm that holds the genuine trademark.
However, this is not a comprehensive list of the types of trademark infringements that can take place. The trademark holder can take punitive action against a firm that tries selling off its items as ones coming from the company that owns the trademark. Similarly, legal action can also be taken for unhealthy competition and other such claims.
The two main reasons of legal action brought under the trademarks framework are dilution of the trademark of a renowned firm and likelihood of confusion for the customers.
The infringement caused by dilution of the trademark includes purposeful actions on part of other firms or manufacturers that will lead to affecting the uniqueness of the mark of a well known company, which in turn would reduce the reputation of its products in the market. For instance, if the trademark of a pesticide manufacturer is identical or even similar to that of a well known food manufacturer, consumers might think that the company is diverting from its speciality, which might affect its quality of products.
As far as the probability of misunderstanding is concerned, it is based on the deceptive similarity of the two marks, making it hard for the customers to distinguish between the products. The said misunderstanding can be with regard to the source of the product, sponsor or any other crucial factor. The main reason behind such confusion is that firms are generally dealing with average customers with imperfect memory of the products that they see in the market. In such a case, a trademark infringement would have major potential to cause commercial harm to the firm that holds the genuine trademark.
However, this is not a comprehensive list of the types of trademark infringements that can take place. The trademark holder can take punitive action against a firm that tries selling off its items as ones coming from the company that owns the trademark. Similarly, legal action can also be taken for unhealthy competition and other such claims.
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