What is trade mark dilution
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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.
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.
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.
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 firstname.lastname@example.org
About the Author
offer services and advice for litigation, commercial contracts,
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