Trademark Dilution Essay Example | Topics and Well Written Essays - 500 words

Trademark Dilution - Essay Example Trade Marks Act 1984 section 5 (3) confers right to the owner of the existing trade mark to prevent registration of a rival trade mark that dilutes the distinctness and exclusivity of his existing trade mark. The owner of the original trade mark is entitled under section 10 (3) of the said Act to sue the duplicator for infringement. In fact, section 5 (3) bars a trade mark from being registered if it is identical or similar to an earlier trade mark which has a reputation use of which will give unfair advantage to the new trade mark sought to be registered and/or will erode the distinctive character or reputation of the original trade mark 1. Richard Conroy v Smithkline Beecham PLC 2 involved similar sounding name of a product NIT NURSE, an anti-lice product sought to be registered by the applicant was opposed by Smithkline Beecham PLC on the ground that its long established product of repute namely NIGHT-NURSE, a oral decongestant would suffer from erosion of its uniqueness it had enjoyed all along in the market. Although the name NIT NURSE would not give any unfair advantage , it would be detrimental to Night-Nurse in the â€Å"tarnishment† of a oral medicine of repute by the similar mark meant for treatment for â€Å"blood-sucking insects†. The detrimental effect was recognized as also the diluting effect of NIGHT-NURSE’s distinct character.3 In the United States , Federal Trademark Dilution Act passed in 1995 (subsequently amended in 1999 as Trademarks Amendment Act 1999 (TAA)) sought to protect large companies against the ‘gradual whittling away’ of renowned brands by new entrants4 as an effort to protect big business at the expense of upcoming businesses. This is in addition State laws against dilution and trademark owners are able enjoy the twin protection. While federal law require that dilution has actually occurred,