Question
Download Solution PDF_______ means unauthorised use of others trademark on products and services
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Trademark Infringement.
Key Points
- Trademark infringement refers to the unauthorized use of a trademark or a confusingly similar mark by a third party.
- It typically causes confusion among consumers about the source of goods or services, damaging the original trademark owner's brand and reputation.
- This violation is governed by intellectual property laws, such as the Trademark Act, 1999, in India.
- Legal consequences of trademark infringement include fines, injunctions, and claims for monetary damages.
- The primary goal of trademark protection is to safeguard brand identity, prevent misuse, and maintain fair competition in the marketplace.
Additional Information
- Trademark:
- A trademark is a recognizable sign, design, or expression used to identify and distinguish products or services of a specific source.
- It can include logos, brand names, slogans, or even distinctive shapes, sounds, and colors.
- Trademarks are protected under intellectual property laws to prevent unauthorized use by others.
- Types of Trademark Infringement:
- Direct Infringement: Unauthorized use of an identical trademark.
- Indirect Infringement: Use of a confusingly similar mark that misleads consumers.
- Counterfeiting: Use of fake trademarks on goods or services to deceive consumers.
- Legal Remedies for Trademark Infringement:
- Filing lawsuits under trademark laws to stop unauthorized usage.
- Seeking injunctions to prevent further infringement.
- Claiming monetary damages for losses caused by the infringement.
- International Trademark Protection:
- The Madrid Protocol allows businesses to register trademarks in multiple countries with a single application.
- The World Intellectual Property Organization (WIPO) oversees international trademark registrations.
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