THE ESSENCE OF TRADEMARK DILUTION

Abstract

Trademark dilution is a relatively new concept in the field of intellectual property protection. It means any unauthorized use of a mark similar to a well-known mark that reduces its moral value or affects its main function, which is to distinguish goods and services from others in the market, even if it does not cause misinformation or confusion among the consumer public. This concept represents an evolution in liability for infringement of the mark it focuses on the moral damage that may be caused to a mark as a result of its illegal use in commercial or non-commercial contexts. This concept emerged in response to the need to protect well-known marks from illegal exploitation that is not based on direct competition, but rather on undermining their reputation or distinguishing them. It is divided into two basic forms: confusion, where use weakens the discriminatory power of the mark, and distortion, where the mark is used in offensive or inappropriate contexts. The importance of trademark dilution lies in the fact that it goes beyond the traditional framework of protecting marks against imitation, to include more precise and complex forms, such as use in different fields, or in contexts that harm the reputation of the mark.