Trademarks offer legal protection for certain terms, logos, graphics and other symbols used by companies for running their business. Their main role is to safeguard the customers from being influenced by similar products in the market. But, they also allow the trademark owner to sue 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 resemblance in marks.
A trademark can get diluted by the unlawful actions of unscrupulous persons or firms, which can reduce the stature of the firm by making a wrong projection of the trademarked product with respect to a particular aspect or in a general way. For example, if a trademark used by a firm manufacturing food products is used by another company for selling rat poison, the consumers might think that the former has entered into a trade that compromises the standards of its products.
The infringement based on likelihood of confusion arises when two trademarks are exactly alike or so similar that the consumers can?t distinguish between them. The confusion could be with respect to the source of the product, its sponsors, or to any other factor related to it. The confusion is likely to occur because an average customer would not be able to recollect the exact details of an item. In situations like these, any infringement of the mark can result in serious 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 kinds of trademark violation that can occur. One such allegation is where an action is taken because another firm is marketing its products as if they were manufactured by the trademark owner. In the same manner, claims can also be brought due to unfair market practices.
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Related posts:
- What Does Trademark Infringement Imply?
- Learn How You Can Reduce The Risk Of Trademark Infringement
- The Advantages Of Singapore Trademark Registration
- How A Trademark Can Help You In Protecting Your Identity In The Market
- What You Have To Know About Trademark Registration
Source: http://www.computers4noobs.com/basis-of-action-for-trademark-infringement/
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