What is trademark dilution and how can it be avoided?

Trademark dilution occurs when a previously established trademark is used in an unauthorized way that causes the original trademark to no longer be associated with its original product or service. It is most commonly seen when a mark is used by another company on similar products and services, which diminishes the value of the first mark. In California, use of a trademark that is likely to cause dilution is prohibited. This means that any use of a trademark that is likely to hurt the reputation of the associated mark or diminish its distinctiveness is illegal. To avoid trademark dilution, companies must be sure to take the necessary steps to protect their own trademarks, such as registering their mark with the US Patent and Trademark Office. Companies should also take steps to restrict unauthorized use of their trademarks by other parties, including monitoring the marketplace for unauthorized uses and pursuing legal action if necessary. Finally, it is also important for companies to actively monitor their trademarks and take prompt action when any signs of dilution arise. Companies should also consider seeking legal counsel if they believe their mark has been diluted. Taking these steps can help protect a company’s trademark and ensure that it remains associated with its original product or service.

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