
November 9, 2009
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Trademarks are an important type of IPR that protect words, logos and symbols used by a particular company. They provide the trademark owners with the rights to take legal action against the infringers or counterfeiters of their mark and at the same time prevent the customers from falling into the trap of fake items available in the market.
The basic causes of legal action for infringement under the trademark law are intentional dilution of the trademark of a famous brand or when there is a chance of confusion from resemblance in marks.
The infringement leading to dilution of the trademark includes purposeful actions on part of other firms or persons that will lead to harming the uniqueness of the trademark of an established company, which in turn would lower the popularity of its products in the market. For example, if a trademark used by a company 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.
The likelihood of confusion arises in case of use of trademarks that are identical or so deceptively similar that the consumers will be unable to separate the two. The confusion could be about anything from the features of the product to its exact source. The basic reason for such an infringement is that an ordinary customer cannot be expected to keep in mind the precise specifications of all the items in the marketplace. In such a scenario, the real trademark holder is at a danger of significant financial and credibility loss on account of an infringement by another firm.
However, there are various other allegations that are possible with respect to trademark infringement. The trademark holder can take legal action against a firm that attempts to sell off its items as ones originating from the company that owns the trademark. In the same way, action can also be taken for unhealthy competition and other such claims.
Discover more about Trademarks and learn how does an Patents protection increase the net worth of your business very fast.

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