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Over the time a lot has been written all over the internet and around the world about how to get the trademark,
how to register or file an application for trademark and often the closure is done conveniently stating that once
you have your trademark application approved finally , you get your trademark registered, your brand name is safe
and is free from any more legal hassle.
But getting a Trademark registered is one side of the coin and maintaining your brand name throughout is another.
Many people are still unaware that even a registered mark is likely to lose its protection in case it is not maintained properly.
So let us now understand how this may happen!
In case you have a brand name and now you are planning an expansion of your brand name through franchisee or licensing.
During proceeding for these steps what becomes important is the proper understanding of the law and instruments to get these things done.
It is really really important to set out the usage conditions associated to your brand name in detail which is required in order to protect
probable brand dilution.
Suppose your brand is now famous but you failed to control its unauthorised usage over the period or time you may lose the
right to exercise your monopoly and your brand name may become a generic name.
I think the above paragraph is getting heavy because of the usage of so many legal jargons. Let us now understand
what is Trademark Dilution, what loss it causes and how it can be stopped.
Trademark Dilution:
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Everyone knows a Trademark must have its unique identity, but over the time in case the brand
proprietor do not prevent misuse of their brand name it may lead to loss of uniqueness of the brand name which will result
the development of so many similar name in the market and may create a confusion and decrease in brand uniqueness altogether.
Example Aggarwal sweet corner and the famous panchi petha of Agra, both of the original owners never stopped the other people
to stop using their brand name as a result many people in market conveniently cropped up and caused a confusion and dilution
to the original brand name.
What loss it causes?
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Over the time the brand name acquires a generic character which makes it difficult for the registered trademark owner to restore
the brand monopoly and of course the market share also is at stake and it decreases due to confusion related to original ownership and brand.
How it can be stopped?
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In case you come across any unauthorized use of your mark be brave and send the notice to the person using it immediately. We think that a trademark is not that important when we have just began the business but you never know how it becomes the identity of your business and you just fetch clients on the name and reputation associated with it. It is your duty to guard your brand and prevent it becoming a generic word
