The damage caused by blurring and tarnishingment


Izabella Dudek-Urbanowicz

Dilution to a trademark may be caused by ‘blurring’ or ‘tarnishment’. The final effect is the same, but these two factors have distinct differences, says Izabella Dudek-Urbanowicz.

Building a trademark is similar to bringing up a child. As parents devote their time and incur expenses to invest in the development of their child, expecting that this investment will bring profit in the future, from the very beginning owners of a trademark take care of its development to ensure that it achieves the status of a renowned mark.

The financial investments made by a trademark owner from the outset include promoting the mark, advertising and marketing it and improving the quality of the goods and services designated by the trademark.

Assessment of whether a trademark has really achieved the status of a renowned mark depends on numerous factors. Apart from the degree of awareness among consumers, other factors are also taken into account, such as:

trademark, licensing, dilution, tarnishment