Posts Tagged ‘protecting business ideas’
When Is A Trademark Said To Be Infringed
Trademarks offer legal safety for certain words, logos, images and other symbols used by firms for carrying out their business. They provide the trademark owners with the rights to bring legal proceedings against the infringers or counterfeiters of their mark and at the same time prevent the consumers from being influenced by counterfeit items available in the market.
Laws of trademark provide for legal action in case of dilution of trademark of an established company and when there is a high probability of causing confusion in the minds of the consumers.
The infringement leading to dilution of the trademark includes purposeful actions on part of other firms or manufacturers that will lead to affecting the uniqueness of the mark of a well known firm, which in turn would lower the popularity of its goods in the market. For example, if the trademark of a shoe polish manufacturer significantly resembles that of a popular food manufacturer, consumers might believe that the company is diverting from its speciality, which might adversely affect its perceived quality.
The infringement based on likelihood of misunderstanding arises when two trademarks are exactly alike or so similar that the consumers can’t distinguish between them. The confusion could be related to anything from the features of the product to the identity of the manufacturer. The underlying assumption behind such an infringement is that an ordinary customer cannot be expected to remember the exact specifications of all the items in the marketplace. In cases like these, any imitation of the mark can cause serious financial and image loss for the company that is the original owner of that trademark.
However, there are various other claims that are possible with respect to trademark infringement. The trademark owner can also take legal action for pass off, which implies that another party is trying to market its products as coming from him. Similarly, the trademark owner can also claim unfair competition and other trade malpractices.
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Necessity For Patent Laws
Patent is a kind of intellectual property right that provides an inventor exclusive rights over his product along with the process through which that product is created. It plays a very crucial part in the commercial world by promoting novel ideas and developments.
When an inventor invents an innovative and exclusive product that can be sold for a profit, he would not want others to take advantage of his creation, and the time and energy invested in it. However, it is mostly tough to safeguard your invention from all the unscrupulous people, as you might have to trust and disclose it to others for testing its viability and marketing prospects. It is in such instances that patent laws come into the picture.
Patent laws allow the inventor to make exclusive use of the product or the manufacturing process for a prescribed span and then allow the product or process to enter into the pubic domain where it can be accessed by anyone for any purpose. This gives legal safety to the inventor, who can then make the maximum commercial benefit out of his time and efforts invested into the product before anyone else can take advantage of it.
Another aspect that increases the significance of patents is that they help the inventor license out his invention for a good return, as most licensees are interested in exclusive rights over a product. However, given the legal procedures involved in applying and being granted a patent, they are not necessary for products that are not commercially viable or are meant to be marketed for a very small period.
The true significance of patents lies in a scenario where the inventor had to work diligently and use his expertise to develop an exclusive product that has some commercial advantage and can be successfully mass produced. The legal framework of a patent inspires people to develop more novel ideas and inventions, as it ensures that they will be well rewarded for their work.
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