Protecting your business’s trademark is important to maintain your brand identity and prevent unauthorized use. When others use your trademark without permission, they confuse customers about the source of goods or services. Besides infringement, another significant issue is trademark dilution.
Distinguishing trademark dilution from infringement
Trademark dilution, unlike infringement, focuses on weakening a trademark’s distinctiveness and reputation due to third-party actions. Here are the two types of trademark dilution:
- Blurring: The association with dissimilar products or services dilutes the distinctiveness of a famous mark. For example, if your trademark is exclusive to silicon chips but another company uses it for ceramic plates, it dilutes your mark’s uniqueness.
- Tarnishment: The reputation of your famous trademark suffers due to its association with an inferior product. If your brand is known for quality service in the hospitality industry, but a smaller, inferior service brand with a similar mark faces criticism, this can negatively affect your brand.
To claim trademark dilution and pursue it in court, you must prove that your trademark is famous or well-known. You can only claim dilution if your brand has widespread recognition. There are many real-world examples of trademark dilution in the US.
Claiming trademark dilution in court
To file a trademark dilution claim in court, you need to establish several elements:
- Famous and distinct mark: Your trademark must be widely recognized and distinctive.
- Commercial use: The defendant must have used the mark in commerce.
- Timing: The defendant’s use must have begun after your mark became famous.
- Likelihood of dilution: You must show that the defendant’s use will likely cause dilution.
Pursuing a trademark dilution claim requires legal representation familiar with trademark laws. Protect your business and its well-established trademark with committed legal support.