What is trademark dilution and how can it be avoided?
Trademark dilution is the unauthorized use of a trademark which harms the mark’s distinctiveness or reputation in the marketplace. This can include using a trademark to create products or services that don’t belong to the trademark holder, or using a famous trademark without permission. In Georgia, the state Trademark Law protects marks from dilution. To avoid trademark dilution, mark holders should ensure that their marks are protected. This means registering the mark with the US Patent and Trademark Office, using the mark consistently, and being vigilant to acts of infringement. Mark holders should also monitor their marks closely and take immediate action if they discover the mark is being used without permission. This can include sending cease and desist letters, filing a complaint with the USPTO, and/or filing a lawsuit. Mark holders should also consider taking proactive steps to protect their marks, such as using disclaimers or registering for additional trademarks. Additionally, they should police their marks and take action against any unauthorized use of the mark. This is important, as trademark dilution can have serious consequences for the trademark holder, including damaging its reputation and reducing the value of the mark. Ultimately, trademark dilution can be avoided by ensuring the mark is protected, monitoring use of the mark closely, taking action against unauthorized use, and taking proactive steps to protect the mark from unauthorized use.
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