商标冲淡 Trademark dilution
商标冲淡(trademark dilution),又称商标淡化,是指通过使用与驰名商标相同或相近的标识,削弱其识别性或显着性,是一种针对驰名商标进行商标侵权的行为。
单词 | Defensive trade mark |
释义 |
Defensive trade mark
中文百科
商标冲淡 Trademark dilution(重定向自Defensive trade mark)
商标冲淡(trademark dilution),又称商标淡化,是指通过使用与驰名商标相同或相近的标识,削弱其识别性或显着性,是一种针对驰名商标进行商标侵权的行为。
英语百科
Trademark dilution 商标冲淡(重定向自Defensive trade mark)
Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner. For example, a famous trademark used by one company to refer to hair care products might be diluted if another company began using a similar mark to refer to breakfast cereals or spark plugs. Dilution is a basis of trademark infringement that only applies to famous marks. With non-famous marks, the owner of the mark must show that the allegedly infringing use creates a likelihood of confusion as to the source of the product or service being identified by the allegedly infringing use. With non-famous marks, it is highly unlikely a likelihood of confusion will be found if the products or services are in unrelated markets. However, with famous marks, any use by another person of the mark has the potential for confusion, since a famous mark is so well known among the consuming public that people will assume affiliation with the owner of the mark regardless of the product or service being sold under the infringing use. |
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