Facebook Faces Trademark Infringement Lawsuit over Calibra’s Logo

Facebook Faces Trademark Infringement Lawsuit over Calibra’s Logo

A mobile banking firm – Current has picked a Trademark Infringement battle against Facebook Inc. over the logo for its new digital wallet Calibra, with which the social media giant’s cryptocurrency project Libra has to deal with yet another issue.

Facebook introduced Calibra as the subsidiary that will oversee its cryptocurrency plans, including the development of a digital wallet.

According to the plaint submitted by Current in the US District Court for the Southern District of New York on 10th October 2019, Calibra’s logo is confusingly similar and virtually identical to the mark that the plaintiff began using in August 2016.

Now, where the case turns more interesting is the fact that the designer of both logos is San Francisco branding firm – Character, named as a defendant in the current lawsuit. The complaint revealed ‘the logo designing company hadn’t informed Calibra that the logo it was providing to them appears identical to the logo it had designed for Current to use for banking services.’

It is still unclear how all that happened, but Current has filed an application relating to its logo on June 26th, some days after Facebook unveiled Calibra.

Current’s CEO Stuart Sopp said that the similarities in both logos are since Facebook introduced Calibra. He added that his company had worked with Character for around six months to get the logo. Facebook has all resources and money in the world, and if it has truly wanted to turn banking services more inclusive and fair, it should have come up with its ideas and branding, like his team. 

In its application for an injunction, Current said that all efforts like conversations through emails or over phone calls relating to a mutually acceptable resolution of the infringement matter had been unsuccessful. The plaintiff added that Facebook hadn’t responded to its letters objecting Calibra to use the infringing mark, thus compelling it to knock the door of the court to get preliminary and permanent injunctive and monetary reliefs. Appearing confusingly identical and virtually similar to Current’s logo, Calibra’s mark is resulting in irreparable damages to its reputation, goodwill, and market. Moreover, as the marketing channels that both companies use to advertise, market, and promote their services are the same, the infringed logo is likely to generate remarkable confusion and deception, Current explained. 

Concerning such news, Facebook’s Libra Association, the non-profit foundation formed to oversee the cryptocurrency, has been losing founding members. Following PayPal’s exit earlier this month, Stripe and eBay have decided not to support the Libra project anymore. Visa and Mastercard have also pulled their support out of the project before their first meeting in Geneva on 14th October 2019.

Observing stern resistance from regulators and others, the head of Facebook’s Calibra – David Marcus stressed that the social media giant would not proffer the Libra cryptocurrency until it has fully obtained appropriate approvals and addressed regulatory concerns. For more visit: https://www.trademarkmaldives.com

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Microsoft Files Patent for a Possible Virtual Reality Vibrating Mat

Microsoft Files Patent for a Possible Virtual Reality Vibrating Mat

A new Patent Application filed by Microsoft with the U.S. Patent and Trademark Office (USPTO) hints that the company might be working on vibrating mat to prevent the Virtual Reality (VR) gamers from getting hit by a table, chair, or other devices while being blinded by a VR headset. 

In the application filed recently, the company described that it is planning to come up with a VR-enabled vibrating floor mat that would deal with the real-world issue faced by several VR gamers. Microsoft’s floor mat would house a bevy of tech features capable of influencing users’ VR experience while keeping them away from the risks posed by surrounding walls, tables, or other furniture. Built-in “spatially distributed pressure sensors” and “fiducial markers” would communicate with the VR console to determine the gamers’ physical location on the mat. The data collected could then be utilized to shape the virtual world around players.

The patent also mentions the plausibility of providing the mat with “vibration devices” to make it vibrate. It further uncovers various configurations in the possible VR mats, encompassing one that would list a few customization options so the players can personalize their play space. Besides, one of the images provided in the patent application shows the intended VR mat in the living room, where a spitting-image of a Kinect is visible on top of the TV.

More interestingly, the patent even mentions the mat’s potential that would help the VR players in having a sound gaming experience. The company explained that in some cases, the VR-enabled vibrating floor mat could become a gaming console, while the HMD and peripheral control devices may perform as peripheral to the gaming console.

Furthermore, the application showcases multiple feasible VR computing devices like personal computers, server computers, home-entertainment computers, tablet computers, network computing devices, and more. It even puts light on wearable gadgets and smartphones that reveal that the brand may have been casting a precautionary wide net.  Another point in the application describes that Microsoft could come up with interlocking floor tiles, which would help the users to increase the mat’s square footage if they find the playing space insufficient by adding some additional surrounding tiles.

However, Microsoft’s new vibrating floor mat is predicted to take the users one step ahead as it would tackle a common real-world VR concern ruining the gaming experience of many players; but only if it sees the light of the day. According to several past reports, just applying for a patent isn’t a confirmation that the company will bring the expected floor mat as it is common for the firms to file such patents and then forget to turn them into reality. For more visit: https://www.trademarkmaldives.com

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The “Blurred Line” Copyright Decision is Scaring Lil Nas X and Cardi B

The “Blurred Line” Copyright Decision is Scaring Lil Nas X and Cardi B

Lee and DeMeritt have recently sued Lil Nas X and Cardi B for Copyright Infringement asserting that X and B’s “Rodeo” has a substantially similar sound and feel to their “Broad Day.” They explained that both songs appear the same in many ways. For instance, they both are 142 bpm, Rodeo has “guitar and wind instruments to invoke a certain aesthetic that’s set against hip-hop ingredients derived from digital drum and bass components,” and “the rhythmic guitar part outlining chords of Rodeo is replaced just with a single note line playing ascending and descending scale moving with the change in chord.” It means the two songs are from the same genre.

Nevertheless, Lil Nas X and Cardi B might be planning to defend their Rodeo – a pretty good song managed to grab the attention of Don Lee and Glen Keith DeMeritt III, whose “gwenXdonelee4-142” beat was incorporated into Sakrite Duexe and Puretoreefa’s track Broad Day. But at present, the defendants seem threatened due to the “Blurred Lines” copyright decision made in 2015.

Back in the year 2015, the Marvin Gaye estate secured an unusual copyright verdict against Robin Thicke and Pharrell Williams over their hit song “Blurred Lines.” The Gaye estate successfully argued that although “Blurred Lines” didn’t copy the Gaye’s songs, it cloned the feeling of Gaye’s music, i.e., this song by Thicke and Williams reminded listeners of Gaye. Strange, but the argument ended into Gaye’s favor. 

Since it required musicians to pretend that they have had no musical influences, lest they come across a similar lawsuit, it was a catastrophically bad verdict. People who pointed it out are known as “alarmists” by copyright maximalists, who are sure that this ruling wouldn’t spawn musical copyright trolls that would shake down musicians for huge payouts from hit songs as almost everyone, after all, is associated in some or other way to the songs that came prior to it.

At present, it is predicted that the matter will be settled with the “beat creators getting a songwriting credit,” and therefore, a remarkable percentage of the songwriting royalties as that would be cheaper than the expenses and concerns for going to court. Nonetheless, if X and B do this, you can bet that Lee and DeMeritt will not be the last ones to file a stupid and ridiculous case of this type. Besides, the “Blurred Lines” decision will become a strong legal way for grifters to impose yet another tax on working and successful musicians. For more visit: https://www.trademarkmaldives.com

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How to Protect Mobile Apps against Intellectual Property Theft?

How to Protect Mobile Apps against Intellectual Property Theft?

The speed with which enterprises across different sectors and industries are undergoing digital transformations has left the majority struggling for the protection of their data and Intellectual Property (IP). The reports showing tremendous losses due to theft and duplication of mobile apps worldwide each year clarifies that only firewalls are no longer sufficient to protect these assets. As more and more companies adopt the use of mobile devices and applications, the threats extend far beyond the traditional concepts. With the estimation that 80% of tasks would be going to take place through mobile apps by 2020, securing them must be the top priority for their developers. Businesses should realize that if a mobile app can make them; it can also break them in case the innovative and valuable source code gets stolen. It is because mobile apps are inherently vulnerable to hacking, copying, and more. To understand this phenomenon and learn how to protect your mobile applications against the growing threat of IP theft, read further.

What is IP Theft in Regards to Mobile Apps?

Intellectual property refers to a category of valuable assets that includes intangible creations of human intellect. In general, types of IP vary from country to country; however, some most common ones are copyrights, trademarks, trade secrets, and patents. Digital IP encompasses algorithms and source codes, while mobile IP theft involves piracy and cloning of whole or parts of mobile apps.

Why and How Should You Protect your Mobile Apps?

Designed to bring a multitude of services at the users’ fingertips, mobile apps’ flexibilities and portabilities make them attractive to not just users but infringers as well. Hence, it is as imperative to fully preserve your app’s functionality as it is to protect the app itself. Well, mobile application protection software is an excellent tool to safeguard your app. By mutually reinforcing multiple layers of non-stop protection integrated into your app’s code, it can defend your app’s integrity and buzz off security threats while optimizing app performance. Nonetheless, relying on application protection software alone may not be sufficient in many cases, especially when the theft of unique code or app can result in reputational losses. Therefore, in addition to mobile application protection software, you must emphasize protecting your apps with patents, trademarks, copyrights, or other relevant Intellectual Property Rights (IPRs). For instance, copyright registration can prevent copycats from copying your app codes or user interface (UI) elements. Besides, if you want to safeguard your apps’ artistic aspects like images, sound, videos, etc., then also Copyright Protection is the best tool.

Filing a Patent Application is another significant way to reinforce the protection of your mobile app. Although, in general, the technological arrangement of mobile apps and the way how they communicate with other mobile apps/devices and servers are patentable, the patentability criteria still vary from country to country. Hence, to avoid any delay or monetary loss due to the rejection of your patent application, you must always proceed after ensuring if your app is eligible to obtain Patent Protection. A knowledgeable Patent Attorney can assist you in checking whether your app suffices the patentability criteria or not, learning How to Apply for a Patent without committing any mistake, and more.

The name and logo that make the viewer identify and distinguish your mobile app from others are crucial assets, and no one except you should make profits from these. Trademarks are the IPRs that have been intended to safeguard one’s identity by preventing others from using the same or similar name or mark, which may create confusion. A Registered Trademark will also increase your mobile apps’ credibility, and thus serve you with more users. Hence, you should never miss out on the opportunity of securing your app’s name and logo under Trademark Protection.  

Conclusion

Undoubtedly, ensuring comprehensive protection of your mobile application against IP theft is not only arduous but appears impossible in some cases. However, if used together, the above-mentioned mobile application protection software and Intellectual Property Protection tools will never let you down due to the theft or misuse of your app. So, whether you are coming up with a new app or revamping an already existing one, it is always advisable to devise an appropriate strategy by combining these two protection shields. Don’t forget that it is the aptest way to make benefits from your mobile app without any concern in today’s era, where such applications are a part of continuously changing and fast-moving technology. For more visit: https://www.trademarkmaldives.com

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4 Simple Steps to Secure Website’s Content with Copyright

4 Simple Steps to Secure Website’s Content with Copyright

Your website content that represents your business online is one of the most considerable aspects distinguishing you and your competitors. It is what makes customers find you and buy from you. As a content creator, you put hours into creating unique and eye-catchy content that helps you in attracting your potential consumers and search engines like Google, Bing, etc. Google and many other search engines frown on duplicate content and thus, push the related site to lower rankings. The lower your website ranks within the Search Engine Results Pages (SERPs), the less traffic you get. Therefore, to list your website amongst high rankers on SERPs and make expected earnings as well as brand equity, it is crucial to prevent your content from being stolen or used by unauthorized users. In today’s continuously turning digital world, Copyright Registration is an excellent approach to prohibit others from violating your original content, which is your Intellectual Property (IP). 

Here, you will discover four simple steps to register a copyright for your website content according to the U.S. Copyright Law. The law states that your content is copyrighted as soon as it gets published and you need not necessarily register a copyright for the same. However, several IP Lawyers believe that doing so will help the original owner to prove his ownership if he/she comes across lawsuits like Copyright Infringement. The below step-wise process will aid you in obtaining the copyright protection that not just legally safeguard your website’s content but also enhance your business’s integrity.

The Process to Register Copyright for Website’s Content

  1. Make Use of Copyright Symbol

However, adding a copyright symbol to your content doesn’t fall under the registration process, but it is beneficial as doing so will result in the fast processing of your application. Besides, having a copyright symbol will help you in preventing unauthorized users from stealing your content by making them comprehend that the specific content is your IP, and they need to seek your permission for using it.

  1. Gather and List Materials To be Copyrighted

Undoubtedly, all of us want to protect our websites completely, but for full protection, we have to register copyrights for individual blogs, images, and any other media. It is because the U.S. Copyright Office considers all these to be separate entities, and therefore, single copyright for a site may not fully protect all posts, media files, etc. Luckily, it is possible to register collections of content, which means we won’t need to apply for individual copyright for every post and image. In other words, we can prevent the content on our websites by categorizing it under separate lists and then, filing a copyright application for each list. Hence, going through the website carefully to compile lists of content to be registered is a vital step while registering copyright.

  1. Submit Copyright Registration Application

If you are done with the task of compiling lists of content to be registered, then the next step is to file a copyright registration application. Nonetheless, before filling any form, it is imperative to produce hard copies of your content and understand that registration of the copyright is possible in two ways: online or via mail. To register online, you have to access an online application by creating an account with the copyright office. After that, you need to find a form that suits your content followed by filling it with the required details and ultimately submitting it. On the other side, if you want to carry out the submission through the mail, then there is a need to find out the suitable form, fill it, and finally mail it along with the set amount of filing fee. Your work doesn’t limit to just submission of the copyright application; instead, you have to keep an eye on its status until it gets processed.

  1. Create Schedule to Copyright New Material On Regular Basis 

Once your application gets approved, you will never have to renew the registration. However, note that the new content added to your website in the future will not automatically get protected by the registered copyright. Submitting a new registration application whenever you come up with additional content will be advantageous in maintaining robust and up-to-date protection. It will also appear efficient in preventing payment of complete filing fee for every new content and assuring that all your posts, images, or other content are safe. Therefore, you are always suggested to set reminders or add dates for registration updates to your calendar.

Importance of Copyrighting Your Website’s Content

A copyright is an Intellectual Property Right (IPR) that empowers you to control how your creative works, including books, movies, content, etc., can be accessed or used by others. Registered copyright provides rights that prohibit others from infringing on your IP assets. In short, registering a copyright is the most efficient approach to obtain Intellectual Property Protection that not only keeps you away from infringement losses, encompassing low website rankings on SERPs, less traffic, or more, but also creates integrity, which will result in noteworthy profits. For more visit: https://www.trademarkmaldives.com

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Trump Urges SC Stay Out of Copyright Dispute between Google & Oracle

Trump Urges SC Stay Out of Copyright Dispute between Google & Oracle

The Trump administration recently urged the Supreme Court (SC) to stay out of a long-running Copyright Infringement dispute between Google and Oracle Corporation, dealing a remarkable blow to Google’s efforts to evade an $8 billion damages award.

The dispute billed as the copyright battle of the decade is related to software interfaces known as API declarations, which are shorthand commands facilitating prewritten complex computer functions. As per the plaint, Google used a trove of Oracle-owned Java API declarations while building its Android smartphone operating system (OS).

The Trump administration brief stated that Google copied over 11,500 lines of computer code verbatim as well as the complex structure inherent in that code to develop its competing commercial product. The record also demonstrates that Google’s unauthorized copying has harmed the market for Oracle’s Java platform.

In 2010, Oracle acquired Sun Microsystems, which originally developed the API declarations. Soon after, Oracle sued Google in federal court for patent and copyright infringement claiming that Google impermissibly copied its API declarations. The litigation continued for years, but then Google questions the SC ‘whether or not APIs are copyrightable in the first place.’ In Google’s view, APIs are a method of operation as they help developers to access prewritten complex functions and according to the Federal Copyright Act, Copyright Protection doesn’t extend to ‘methods of operation.’

Google firstly explained that the API declarations make developers learn how to access the prewritten functions to perform tasks by implementing codes. It then added that in this respect, the APIs are analogous to rules developers are trained to follow while writing programs in Java language, and if these rules were changed, the prewritten methods would not work. That’s why the declarations are a necessary part of operating the libraries of prewritten codes.

The Trump administration disagreed by saying that the APIs cannot count as a method of operation just because they perform functions.

The government said that although there are conditions in which all computer codes appear as a method of operating a computing device, and the Copyright Act makes it clear that the computer codes can obtain copyright protection.

Giving the federal government’s views remarkable credence, the justices at the SC ask for its guidance about whether or not to take the case. Nevertheless, Google contends the federal pleas courts are split as to if copyright protections reach software interfaces such as APIs. The justices are more likely to take case emphasizing questions of law over which several courts disagree.

Google prevailed at the first trial of the case in 2012, where a jury deadlocked over Oracle’s claims, prompting the judges therein to sign with Google. The U.S. Court of Appeals for the Federal Circuit, a court for patent appeals, changed that decision and ordered another new trial in 2014. Google petitioned the Federal Circuit’s ruling to the SC, but they turned its request down in 2015.

In the second trial followed in 2016, a jury sided with Google on finding its use of API declarations as fair use. Nonetheless, the Federal Circuit reversed that verdict, stating Google had not involved in fair use, and forwarded the case to a lower court for a trial on damages. As that decision is still pending before the SC, the judges asked the Trump administration to weigh in on the supplication on April 29. For more visit: https://www.trademarkmaldives.com

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Uganda Government Bans Red Beret, the Opposition’s Trademark

Uganda Government Bans Red Beret, the Opposition’s Trademark

Uganda government on 30th September 2019 designated the red beret and tunic as official military clothing that could put the civilians who wear them behind bars, thus permanently preventing the public from wearing the uniform of the leading opposition leader Bobi Wine and his supporters.

Bobi Wine, the pop star who upturned as a leading opposition figure has announced that he is running for the president position against longtime leader Yoweri Museveni in 2021 and has made the red beret his signature, calling it a “symbol of resistance.”

The beret, which is also worn by some soldiers, was incorporated in Uganda’s first ever gazette of all military clothing, stating that members of the public who found in possession of the items are liable to punishment involving imprisonment for a term not exceeding five years.

Richard Karemire, the army spokesman of Uganda People’s Defence Forces (UPDF) in a statement said that the dress code for the UPDF is gazetted. The action was supported by the army’s top authorities, which also endorsed the dress committee for concluding the task allotted to it years back.

He added that it demonstrates the commitment to define the identity and outlook of a trained army as well as adhering to a single East African Community (EAC) protocol.

‘People Power’ Reacts

However, Bobi Wine, whose real name is Robert Kyagulanyi, did not comment on the new rules as he is out of the nation, but a leader in his “People Power” movement, which is yet to register as a political party, announced that they would not end wearing the specific clothing.

The “People Power” is not limited to just a red beret; instead, it is more influential than their symbol. They are a part of the booming political movement fighting for the future of Uganda, and they will continue their struggle for democracy.

Bobi Wine has disturbed the Ugandan government and authorities who see him as an overwhelming threat to put an end to Yoweri Museveni’s more than three decades in power.

Ivan Boowe, the youth leader, said that they would continue to wear the revolutionary red berets and tunic.

He added that no intimation could make them afraid and prevent exercising their rights. By designating their trademark/dress code as official military wear, the government is making attempts to ban the People Power Movement, but they are ready to face and respond to any action the government takes. For more visit: https://www.trademarkmaldives.com

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5 Things Startups Must Know About Intellectual Property Law

5 Things Startups Must Know About Intellectual Property Law

The driving force behind almost every startup is the novel idea or product with which it enters into the market. Putting this idea or product into practice correctly and securely is what transforms small startups into million-dollar corporations. For this reason, startups should have a well-protected Intellectual Property (IP) strategy, which acts as a significant aspect of their competitive advantage and attractiveness to consumers as well as investors. In this way, IP is an asset that can enhance the commercial value of your businesses, and Intellectual Property Protection is what secures the IP intended to grow your startup. Besides attracting investors, suppliers, consumers, and more, IP protection can put legal checks on your competition by preventing others from infringing on and profiting from your unique assets. So if you want to achieve success in today’s competitive market, it is crucial to obtain robust IP protection for your assets. The first thing that you should do in this regard is to be aware of the five vital components of Intellectual Property Law.

Five Significant Things about Intellectual Property Law

  1. Types of Intellectual Property Rights (IPRs)

In general, startups seek protection for their inventions, logos, software, and business names. Based on this, intellectual property for startups includes a wide range of IPRs like trademarks, patents, trade secrets, and copyrights. Each of these different types of rights applies to a specific class of assets. For instance, patents protect inventions and ideas, copyrights safeguard software and creative works, trademarks secure brand names, logos, and symbols that are capable of distinguishing one’s business from others. Trade secrets work when your company comes up with a ‘secret’ manufacturing approach that provides you a competitive advantage over your competitors.

  1. How to Sell Intellectual Property

Do you want to sell your startup? It is advisable to consult an experienced IP attorney as, nowadays, when many companies purchase startups based on their IP portfolios, it is common to face issues regarding the proper ownership of IP. Hence, to avoid glitches that may leave you with a comparatively lower valuation than what you deserve, emphasize signing any dotted line under the supervision of a skilled lawyer.

  1. How to Address Intellectual Property Agreements

If your startup’s intellectual property has been stolen, copied, modified, or used in any other manner without your permission, you can get monetary compensation depending on the severity of the infringement. In the present times, federal courts of every country have specific jurisdictions related to Copyright Infringement, Patent Protection, etc. That’s why if someone has stolen your IP and uses it for his benefits, be ready to deal with him legally. First of all, contact the offender through a cease and desist letter, which should address the following:

  • What got infringed,
  • The protections in place,
  • The severity of the infringement,
  • The remedial actions that unauthorized user should take,
  • The legal actions that you expect if the infringer fails to comply.
  1. International Intellectual Property Protections

Nearly every country possesses different IP laws associated with How to Patent an Invention, Brand Name Registration, etc. For example, In China, the government emphasizes ‘first-to-file’ rule, i.e., it doesn’t care about who is the first creator of a product; instead, it focuses on who is the first to File a Trademark Application. Hence, before proceeding towards international markets, you should familiarize yourself with the unique trade secret, trademark, and Patent Laws in such countries. Having insight into the country-specific laws at the beginning of the process will help you in preventing the hike in expenses and complexity at the time of applying for an International Trademark, Patent, Copyright, and more.

  1. Legal Counsel

In today’s challenging era where businesses never hesitate to put obstacles in the path of one another’s success, there is an enormous need to enter into the marketplace with robust IP protection. Hiring a legal counsel having years of experience in this industry is one of the best ways to safeguard your IP. Apart from providing the beneficial guidelines regarding Application Processes, Patent Search, and more, a proficient IP attorney can help you in identifying ‘gray areas’ that may attract lawsuits, government investigations, etc. Assuredly, many startups find it expensive to hire legal representatives. If you are also not having sufficient money, then don’t worry as the advent of some programs to alleviate these expenses has made it easier to secure your IP with a limited budget.

Stay Ahed

Whether you are having an idea for a startup or already running one, getting your intellectual property protections in place is the foremost thing you should consider to lay the foundation of your future success. Nonetheless, as nearly every startup and even established businesses are running in the same race, it is imperative to stay ahead of others by being quick in regards to expanding nationally and internationally earlier rather than later. Don’t forget that the delay on your part can enable your competitors to push you behind them.

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How to Select a Mark that Keeps Infringement at Bay?

How to Select a Mark that Keeps Infringement at Bay?

Has your company just come up with an exciting new product that appears to interest the people to purchase it? Well, congratulations as this could be the product that can serve the potential buyers with what they have been looking for years, and ultimately, you with more customers and better sales. However, your competitors, including companies, entrepreneurs, etc., may not like this and make attempts to pull you down by infringing on your newly launched well-doing product or service. Hence, it is essential to commence extracting the profits with the help of that product or service after securing it as your Intellectual Property (IP). In terms of securing your unique and useful asset under Intellectual Property Protection, trademarks prove to be the best source that can prevent unauthorized users from making profits by using your IP. In general, trademarks refer to the recognizable words, logos, symbols, etc., that identify and distinguish the product and services of one source from those of others. In the present IP industry, there are five types of trademarks that you can obtain and use to safeguard your valuable assets from the infringers. Let’s proceed further to have deep insight into all these vital marks and thus, make a fair decision on which will best suit your needs.

Strong Marks to Discourage Trademark Infringement

  1. Fanciful Marks

 Fanciful marks refer to the trademarks that reveal nothing about the product yet are significant as they enable the customers to remember your mark/ product, irrespective of how many competitors are attempting to pull you down. Famous as made-up words, these marks have no significance except being a trademark for the proprietor’s specific products or services. Fanciful marks are enforceable against the use of the same or a similar mark leading to the trademark infringement. Some common examples of such trademarks include VERIZON telecommunication services, GOOGLE computer search engines, and ROLEX watches.

  1. Arbitrary Marks

 Arbitrary marks also don’t tell anything regarding the products or services but appear more significant than fanciful ones if we talk about the same type of items. These marks can be a real word, image, or logo used to recognize unrelated and different products or services. Though arbitrary marks don’t have much scope of enforceability like fanciful marks, yet they provide outstanding trademark protection, and this is why brands often prefer protecting their assets under this category of marks. For example, the term APPLE might not be enforceable against someone using the mark APPLE CAFÉ, but if he uses the Apple Logo to display the term APPLE, then the mark would be enforceable against him. Some examples of arbitrary marks include APPLE computers, HARD ROCK restaurants, and QUAKER cereal.

  1. Suggestive Marks

 These marks give details about the services and products. They make the world familiar with what the specific product is, how it works, etc., but without describing it thoroughly. As per the Trademark Law, suggestive marks often exist as words, group of words, or graphic logos and are enforceable only in case of the same or similar marks on the same or similar products. FRESH ‘N CLEAN pet shampoo, CITIBANK financial services, and TOTAL cereal are some well-known examples of suggestive marks.

  1. Descriptive Marks

 As the name indicates, descriptive marks describe a particular product or service. They explain many things about the product or service, including what the product is, what it does, its quality, features, function, and more. Note that these marks don’t have proprietary rights and are neither enforceable nor protectable. Are you planning to File a Trademark Application to secure your asset with a descriptive mark? It is better to understand that people can use your mark in whole or part, either as a descriptive term in their text or the name of their products or services. Some Registered Trademarks that fall under this category covers PARK ‘N FLY airport parking service, COMPUTERLAND computer stores, and RAISIN BRAN cereal.

  1. Generic Marks

Generic marks, also known as genericized trademarks signify a name or mark that because of its popularity and importance has become a common name for a general class of service or product, usually against the trademark holder’s intentions. Generic marks are not the trademarks. They are nouns that are modified by the registered trademarks. Famous terms like APPLE computers, GEICO insurance services, and STARBUCKS coffee are examples of generic marks. Having strong marks is the best way to secure your valuable assets under the shield of powerful Intellectual Property Right (IPR), like a trademark. Stronger is the mark, more are the probabilities that it can be enforced against unauthorized use. Strong marks are comparatively less susceptible than weak marks to legal issues, whether you are filing a Trademark Application or carrying out a Trademark Registration Process. Hence, it is recommended even by the IP attorneys that whenever you come up with a new product, don’t forget to secure it with a strong trademark. For more visit: https://www.trademarkmaldives.com

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Thiruvananthapuram: TDB Bids to Get Patents for Its Temple Prasadams

Thiruvananthapuram: TDB Bids to Get Patents for Its Temple Prasadams

The Travancore Dewaswom Board (TDB) is seeking to get patents for its temple prasadams, including Ambalapuzha Palpayasam, Sabarimala Aravana, and Kottarakara Unniyappam.

TDB’s president A Padmakumar said that they have decided to obtain a patent cover for their iconic temple prasadams following a report pointing some people who had not just tried to make counterfeit Ambalapuzha Palpayasam but also sold it to gain profits illegally. Obtaining a patent will prevent unauthorized producers and sellers from fraudulently producing and selling the products under Ambalapuzha Palpayasam or a similar name.

He added that the board had put this step to determine the sale of false versions of its iconic temple prasadams as many catering agencies, bakeries, etc., are found to be involved in not only preparing the same or similar palpayasam but even claiming it to be the real Ambalapuzha Palpayasam. The CTB has commenced making legal moves to deal with the cheaters who are deceiving people by naming their prasadams as the popular Ambalapuzha Palpayasam. The law department already has been asked to assist the board with legal opinions to handle the case.

Mr. A Padmakumar further explained that it is for the first time in history when temple prasadams will be going to get secured under Patent Protection. The decision to get the patent rights has been made under the Geographical Indications of Goods (Registration and Protection) Act, 1999. As per this Geographical Indications Act (GI Act), which refers to a sui generis Act of the Parliament of India for better protection of Geographical Indications related to products in India, no one except the authorized user is allowed to use the name of a specific product.

Earlier this month, the TDB had initiated some legal measures against a bakery for allegedly preparing and marketing milk porridge in sealed packages under the Ambalapuzha Palpayasam. Besides bakeries, many marriage caterers and catering houses are discovered making profits by trading counterfeit palpayasam as Ambalapuzha Palpayasam, and the board has decided to act legally against them, said the president. The real prasadam is prepared, offered to the deity, and then distributed to the devotees at the temple. Lastly, he said that this is the first case where anyone is making efforts to get patents for the temple offerings. For more visit: https://www.trademarkmaldives.com

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