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What is trade mark dilution

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Lawdit Solicitors - Expert Author

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1 March 2009

The purpose of a trade mark will vary between businesses, between customers, between moments. A trade mark serves many purposes. It might help you design your brand or expand your brand to bear these purposes in mind. A trade mark may serve to express your business, and anyone masquerading as you, may end up putting a different spin on what you intend to be expressing.

Trademark law is in a sense to fulfil a public policy objective of protecting consumers. This may be to prevent the public being misled. In a sense therefore your trade mark will be a guarantee of the origin or quality of your product and/or service. Your products and/or services or any licensed need to meet the expectations of consumers regarding quality and other characteristics.

In a global world a trademark is also an objective symbol of the goodwill built up by a business. Trade marks have a direct bearing on consumer satisfaction and preference, in that buyers return to buy products that they have used and liked.

Consumers are increasingly sophisticated with regard to knock-off items. However brand confusion can and will mislead the public as to the origin of a trader's goods or services.

If confusion is caused by trading in similar goods or services, the loss of revenue resulting from the brand confusion can be recovered through damages. Where the same or similar mark is used in connection with dissimilar goods or services sales might not be affected in a direct manner, but the reputation of the trade mark can be unfairly appropriated. The concept of reputation tarnished or damaged by this is known as trade mark dilution. More of which later.

Tim Mount is a trainee solicitor at Lawdit Solicitors, and can be contacted on tim.mount@lawdit.co.uk


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2009-03-08 15:33:09 in Legal Articles

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