What happens to a trademark that gets fully diluted?
A trademark is diluted when the use of similar or identical trademarks in other non-competing markets means that the trademark in and of itself will lose its capacity to signify a single source.
Can a trademark be diluted?
Trademark dilution occurs when a third part uses a mark or trade name in commerce that is sufficiently similar to a famous mark such that it harms consumer perception of the famous mark. “Blurring” and “tarnishment” are the two types of harm that arise from dilution.
Is trademark dilution necessary?
Trademark dilution protects marks that are so well-known, highly reputable, or famous that jurisdictions have decided they deserve protection whether or not their unauthorized use is likely to cause consumer confusion.
What is called trademark dilution?
Trademark dilution is a trademark law concept giving the owner of a famous or well-known trademark power to forbid others from using the mark in a way that would lessen its uniqueness. To confuse the people, an unauthorised user makes similar marks of the famous trademarks.
How do you prove a trademark is diluted?
The factors to be considered in determining whether a mark or trade name is likely to cause dilution by blurring include: the degree of similarity between the mark or trade name and the famous mark; the degree of the famous mark’s inherent or acquired distinctiveness; the extent to which the owner of the famous mark is …
Can you prove dilution without infringement?
Dilution differs from normal trademark infringement in that there is no need to prove a likelihood of confusion to protect a mark. Instead, all that is required is that use of a “famous” mark by a third party causes the dilution of the “distinctive quality” of the mark.
How do you avoid a diluted trademark?
Here are five steps small business owners can follow to avoid a trademark infringement lawsuit:
- Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked. …
- Enlist help. …
- Consider general liability insurance. …
- Register your trademark.
What are some of the world’s most famous trademarks?
Some of the most widely recognized and famous trademarks include:
- Victoria Secret.
What qualifies as trademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
How do you prove a trademark is famous?
The statutory factors for determining whether a mark is famous for dilution purposes are:
- The duration, extent, and geographic reach of advertising and publicity of the mark, by either plaintiff or third parties.
- The amount, volume, and geographic extent of sales of goods or services offered under the mark.
How long does a trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.