Different Types Of Trademark Infringement
Trademarks are intellectual property rights that protect words, logos and symbols used by a particular 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 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 company and when there is a significant possibility of causing confusion in the minds of the customers.
A trademark is considered to be diluted when an individual or firm tries to damage the uniqueness of the trademarked products of a popular company, which in turn might cause harm to the image of the latter firm in the eyes of the consumers. For example, if a company producing food products has a particular trademark, which is then copied by another company that manufactures insecticides, there is a chance of customers thinking that the former is endangering its product quality.
As far as the probability of misunderstanding is concerned, it is based on the deceptive similarity of the two marks, making it tough for the consumers to distinguish between the items. The confusion could be with respect to the source of the item, its sponsors, or to any other aspect related to it. The underlying assumption behind this confusion is that an average customer would not be able to remember the exact details of a product. In such a scenario, the real trademark owner is at a risk of significant financial and credibility loss due to an infringement by another company.
However, this is not a comprehensive list of the kinds of trademark infringements that can occur. The trademark owner can take legal action against a company that tries selling off its items as ones coming from the company that owns the trademark. Similarly, the trademark holder can also claim unfair competition and other market malpractices.
Discover more about trademarks and learn how does an patents protection increase the net worth of your business very fast. You are welcome to reprint this article – but get your own unique content version here.