TRADEMARK DILUTION IN CASE OF TRADEMARK REGISTRATION IN INDIA

ABOUT:

According to Dictionary meaning, ‘Dilution’ means to lessen the impact by making something weaker in value. The dilution or the copy is done to such extent that the people may affiliate it with the owner of the mark regardless of the truth. It is a law concept that forbids any outsider to use the Trademark Registration in India or abroad a way that can cause confusion to the people.

Trademark dilution is commonly applicable only to famous Trademark Registered in India or any other part of the world. With respect to non-famous marks, the problem of dilution usually doesn’t exist. Infringement or unauthorized use is mostly in case of well-known marks. TM dilution is usually connected with those products which have remote or no connection at all. The connection is such that it is negligent.

TM dilution occurs when, a third unrelated person uses the Registered Trademark or the name a product, which can harm consumers perception of the famous mark. This usually causes customer confusion at large. It guarantees the owner a federal cause of action to protect the mark from unauthorized use. Dilution can tarnish the reputation of a company and its product amongst the customers. There are mainly two types of trademark dilution:

  1. Blurring
  2. Tarnishment.

What is Blurring?

Blurring is glazing out the distinctiveness of the original Trademark Registered in India and impairing its uniqueness and the reputation it has in the market. Before arriving to any decision, the court may consider the following factors:

  1. The degree of similarity
  2. The amount of recognition of the original mark
  3. A survey of the actual association between the marks.

What is tarnishment?

it means that the image is tarnished to such extent that it harms the overall reputation of the company. The owner of such a mark will be entitled to monetary relief. The owner has a right to injunction as against the deceptive user.

A mark is considered as famous if it is widely used by the public and in demand. For considering whether a mark is famous or not, consider the following matter:

  1. The extent of recognition by a survey in the market.
  2. The degree of uniqueness.
  3. Its recognition
  4. The extent to which the mark is used by the fraud owner.

For the better protection of marks, the Trade Marks Protection Act, 1999 was passed where the Doctrine of Dilution of Trademarks was introduced. It gives power to the famous works owners. The likelihood of confusion arises when the question is held true that ‘is the mark famous enough to get infringed or diluted?’ When, in affirmative is when the importance of Doctrine of Trademark Dilution is felt.  

For detailed discussion and consultancy about TM Dilution of your mark, contact Company Vakil and enjoy the benefit of first free consultation with them.