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How Businesses in India are impacted due to diluting the Trademark?

With new businesses and ventures getting launched in the market every other day, forming a brand with a sense of uniqueness has become difficult. Likely, something which you thought of yourself has already been claimed by someone else before you, and you’ll end up losing and promoting their business only. Because of all the mentioned problems, even reputed brands have taken a stand against this.

Due to these problems in finding a unique brand name, Trademark Dilution is seen as a net set to destroy small, local sellers. Numerous appreciable efforts have also been taken by the government to lessen such practices.

  • What is Dilution of Trademark?

Diluting a trademark is an act where an already owned trademark is used unethically to promote one’s own business. A trademark dilution is usually done to create a set of confusion between the thoughts of the client in phrases of relating the brand reputation to the products and services offered. It often results in a linking of the reputed brand with that of the goods and services offered by an individual while using a diluted trademark.

  • How do people do Dilute Trademarks?

Trademark dilution in India is frequently popular in local markets where it is easy to escape getting caught. The diluted trademarks are used on the distinct goods or services rather than the original services covered by the original trademarks. The government has formulated the Doctrine of Dilution to save you from such practices.

  • How to prevent Trademark Dilution?

Introducing a section in the Trademark law of India to address this is the need of the hour for everyone related to this. Though this is not much customer-centric thought, it will play a huge role in reducing different issues related to the consumers. No new law is needed to be introduced as an amendment to the original Trade Marks Act of 1999. The best thing to prevent Trademark Dilution is to cover only the famous and well-reputed brands. This will surely do good in reducing objections and complaints made on the dilution of trademarks. 

Section 24 needs to be amended as soon as possible to address this problem. It should also be kept in mind while amending that, instead of including all ‘well-known’ marks, they should go for including only really ‘famous’ marks. There will be a set of criteria to find out if it is famous or not similar to something like TDRA.

It will help brands preserve their reputation as it will make it easy to track brands and their business. Ultimately, this step will increase the trust and loyalty of customers towards sellers and brands.

  • Conclusion

Dilution of trademarks is a big issue nowadays, and thus to assist and protect you from such happenings, a doctrine has been formulated by the official authorities. It is intended toward protecting brands from getting tarnished due to diluted trademark organizations.