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Reverse passing off often happens when a company selling the product removes the mark and sells it.Below-cost sellingsUnauthorized substitution of one brand of products or goods for anotherRumormongering or trade slander/libel, such as verbal or written communications that would harm or ruin a company’s reputation in the industryCounterfeiting or imitationThe Laws Governing Unfair Competition State unfair competition law mainly governs unfair competition, although issues of false advertisement, trademark infringement, and copyrights often involve federal unfair competition law as well.
Title 16 of the Code of Federal Regulations mainly contains information about specific deceptive trade practices that may cause damage to business and create confusion among consumers.
This intellectual property branch law particularly relates to substituting one company’s products or services for another to mislead the consumers.
A business primarily uses these four devices to distinguish itself from others: Trademarks Symbols, words, phrases, emblems, slogans, and other devices get used to signify source and authenticity to the public.
A company’s trade dress can also get served by combining specific colors, such as the color red and yellow used by Chevron Chemical Company.
Using generic words or phrasing could limit competition, so these are not eligible for trademark protection.
A trademark is a distinctive sign or indicator which is used by an individual or any entity to represent the goods and services manufactured and marketed by that party a Trademark may be anything from a word, symbol, letter, sound, smell or shape which distinguishes the goods and services covered under it from that of other third parties.In the commercial market, where a consumer has innumerable options and alternatives to choose any goods or services, a trademark acts as a tool to differentiate goods and services from different manufacturers or service providers.
Meaning thereby, a trademark helps consumers to identify a product or service as originating from a particular manufacturer or service provider among the competition that exists in the market.A trademark plays a pivotal role in retaining and maintaining existing consumer base, while attracting new consumers, and ensuring quality control in providing goods and services.
Thus, a trademark is an important aspect for recognition, growth & development of a business.
Therefore, protection of rights of trademark is of utmost importance for such businesses.This allows the trademark owner to protect and enforce their rights, thereby safeguarding their reputation and goodwill, and to prevent third parties from illegally trading upon the goodwill and reputation of the brand accrued over the years.ZeusIP houses a team of Expert Trademark Lawyers and Professionals advising clients on Trademark searches, Trademark pre-filing advises, Trademark Filing, Trademark Prosecution, Trademark Opposition and Trademark Infringement and Litigation throughout India.
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