Trademarks are a kind of IPR that provide protection to certain terms or symbols used by a firm. Their main role is to safeguard the customers from being misled by similar products in the market. however, they also allow the trademark owner to prosecute anyone trying to counterfeit their marks for making personal profits.
Trademark laws provide for legal action in case of dilution of trademark of an established firm and when there is a high probability of creating a misunderstanding in the minds of the consumers.
A trademark can get diluted by the unlawful actions of unscrupulous persons or companies, which can tarnish the reputation of the firm by harming the image of the trademarked product with respect to a particular aspect or in an overall manner. For example, if a trademark used by a company that manufactures edible products is used by another company for marketing rat poison, the customers might mistakenly believe that the former has gotten into a business that compromises the standards of its products.
The likelihood of confusion arises in case of use of trademarks that are identical or so remarkably similar that the customers will be unable to separate the two. The misunderstanding could be with respect to the source of the product, its sponsors, or to any other aspect related to it. The underlying assumption behind this confusion is that an ordinary customer would not be able to recollect the precise details of an item. In such a scenario, the real trademark holder is at a risk of significant revenue and credibility loss on account of an infringement by another company.
However, there are various other claims that are possible with respect to trademark infringement. The trademark holder can take legal action against a company that attempts to sell off its products as ones coming from the company that owns the trademark. Similarly, the trademark owner can also allege unfair competition and other market malpractices.
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.
categories: patents,ideas protection,copyright,business idea protection,protecting business ideas,business value,Intellectual property,IP law,ideas protection
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