TRADE MARK DILUTION: PROTECTING THE DISTINCTIVENESS OF BRANDS IN GLOBAL MARKET

AUTHOR – K.BOWYADARSHINI, STUDENT AT SASTRA DEEMED TO BE UNIVERSITY, THANJAVUR.

BEST CITATION – K.BOWYADARSHINI, TRADE MARK DILUTION: PROTECTING THE DISTINCTIVENESS OF BRANDS IN GLOBAL MARKET, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 166-170, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTARCT

This study explores the topic of trademark dilution in relation to the Intellectual Property (IP) Act, highlighting the significance of safeguarding the uniqueness of well-known trademarks in international trade. Unlike infringement, trademark dilution happens when an iconic mark’s distinctiveness is undermined by unapproved usage, even without direct competition or consumer misunderstanding. The research focuses on two types of dilution: tarnishment, which damages a brand’s reputation by linking it to inappropriate or subpar items, and blurring, which weakens the identification of the mark with its goods or services. This article looks at the IP Act and associated laws, such as the EU Trademark Regulation and the Trademark Dilution Revision Act (TDRA) in the United States, to see how national and international legal frameworks handle the problem of dilution. Furthermore, the text delves into the function of global agreements such as the Madrid Protocol and the Paris Convention in providing a cross-jurisdictional safeguard for trademarks. The dilution issue is constant in the digital age, as cross-border trade is growing quickly, necessitating proactive legal and strategic actions from enterprises. This study emphasizes the significance of careful observation, strategic trademark registration, and enforcement efforts to prevent dilution by examining important legal provisions and case studies under the IP Act. The goal of the study is to shed light on how trademark owners, operating within the legal parameters set by the IP Act, can protect the authenticity, worth, and reputation of their brands in the context of an increasingly international market.

Keywords: Dilution, Infringement, Trademarks, Tranishment, Protocol, Digital, Cross – broader, Trade, Enterprises.