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Trademarks offer legal protection for certain terms, logos, graphics and other symbols used by companies for carrying out their business. They provide the trademark holders with the rights to take legal action against the violators or counterfeiters of their mark and at the same time prevent the consumers from being influenced by counterfeit products available in the market.
The two main reasons of action brought under the trademarks framework are dilution of the trademark of a renowned company and likelihood of misunderstanding by the customers.
The infringement leading to dilution of the trademark includes purposeful actions on part of other firms or manufacturers that will lead to affecting the uniqueness of the trademark of an established firm, which in turn would reduce the popularity of its goods in the market. For instance, if a trademark used by a firm manufacturing food products is used by another company for marketing pesticides, the consumers might mistakenly believe that the former has entered into a business that compromises the quality of its products.
As far as the probability of misunderstanding is concerned, it is based on the deceptive resemblance of the two marks, making it tough for the consumers to distinguish between the items. The misunderstanding could be about anything ranging from the features of the item to the identity of the manufacturer. The underlying assumption behind such an infringement is that an ordinary customer cannot be expected to keep in mind the precise details of all the products in the marketplace. In such a scenario, the real trademark owner is at a danger of significant financial and reputation loss on account of an infringement by another firm.
However, this is not a comprehensive list of the types of trademark violation that can take place. One such claim is where an action is brought because another firm is projecting its goods as if they were created by the trademark owner. Similarly, the trademark owner can also allege unfair competition and other trade 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. Also published at When Is A Trademark Said To Be Infringed.
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