Trademarks play an essential role in showing the quality of a product or service. A Company or an individual can obtain #TrademarkRegistration as per the legal procedures provided under the Trade Marks Act, 1999. The Parliament of India replaced the Trademark & Merchandise Marks Act, 1958 with the Trade Marks Act, 1999, to provide better protection to the products & services. The Trade Marks Act, 1999 introduced the concept of Trademark dilution.

The Doctrine of Trademark Dilution

The Doctrine is unique and independent. The basic object of the Doctrine is that there is an assumption that the pertinent customers being to link the Trademark with an original & different soured of products & services. The Doctrine of #TrademarkDilution leads to a principle in Trademark Law that safeguards a Trademark from any disintegration. As per the Doctrine, to set up the Dilution, the petitioner has an obligation to prove that:

1. The violator or infringer has used a mark or logo that is clearly identical to the well-known Trademark to monetise from the goodwill & image of a known Trademark;
2. The economic damage has been done by falling the value of the famous Trademark.

Doctrine of Dilution of Trademarks in India

The Dilution word has not been specifically defined in the Trade Marks Act, 1999 but Section 29(4) of the Act, states the meaning of Trademark Dilution. This Section tells that if a Trademark has an image in India, then the use of mark identical with/similar to it; even the products or services which are dissimilar, constitutes infringement or violation as such use without due cause, would take unfair benefit of a reputed Trademark or harm its unique character. So this Section assumes that a registered Trademark is violated by marks which:

Similar to a registered Trademark already having an image in India and used concerning products & services which are not similar or identical to those for which the Trademark is registered;
When any individual takes undue benefit of a renowned mark or mark having a unique character.

What are the Exceptions to Trademark Dilution?

There are some conditions under which the violating mark shall not be actionable as Dilution. This comprises conditions where the mark is used to parody, commentary, criticise, entertainment purposes, and educational purposes. Such cases may come under the vision of expressive or nominative fair use; therefore, they cannot be considered Trademark Dilution. Moreover, promotional activities that permit customers of a brand to compare products or services are allowed and will not be actionable as Dilution.

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