Different Types Of Trademark Infringement
Trademarks are an important type of IPR that protect words, graphics and symbols used by a particular company. Their main role 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 counterfeit their marks for making personal profits.
The basic causes of action for violation under the trademark law are intentional dilution of the trademark of a popular brand or deliberate attempts to create confusion from similarity in marks.
A trademark is considered to be diluted when an individual or company tries to harm the distinctiveness of the trademarked goods of a popular firm, which in turn might cause harm to the image of the latter firm in the eyes of the customers. For instance, if a trademark used by a firm manufacturing food products is used by another company for selling pesticides, the customers might think that the former has gotten into a trade that compromises the quality of its products.
The infringement based on likelihood of confusion arises when two trademarks are identical or so strikingly similar that the consumers can’t distinguish between them. The said misunderstanding can be with regard to the source of the product, sponsor or any other crucial factor. The main reason behind such misunderstanding is that companies are generally dealing with ordinary customers with average memory of the goods that they find in the market. In such a case, a trademark infringement would have major potential to cause financial damage to the firm that holds the genuine trademark.
However, there are many other allegations that are possible with respect to trademark infringement. The trademark holder can take punitive action against a firm that tries selling off its items as ones originating from the company that owns the trademark. In the same way, action can also be brought in for unhealthy competition and other such claims.
Discover more about Trademarks and learn how does an Patents protection increase the net worth of your business very fast.
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