What Should You Know About A Trademark Search?

What Should You Know About A Trademark Search?

Intellectual Property (IP) alertness and the number of trademark applications are rising gradually. Therefore, it is significant for existing businesses as well as the new businesses who want to register their marks to be aware of the appropriate procedure to do so. It will help them in preventing the rejection of their Trademark Applications, and thus, save their hard-earned money and precious time from being wasted. One of the main reasons why most applications related to trademark registration get rejected is that the mark mentioned within them is either identical or confusingly similar to an already existing trademark in the market. So a trademark search, which lets you have an idea if a trademark similar to your mark is available in the market, is the best way to know whether your mark is eligible to get registered or not. It, in this way, can prevent your application’s refusal.

What is a Trademark search?

It refers to an action taken for determining whether or not a trademark is already being used in commerce. Although often appears narrow in scope, trademark searches can include results from almost all avenue for Trademark Protection for every mark, which is remotely similar to the mark that’s the subject of the search.

An appropriate Trademark Searching Technique or strategy will consider determining the nature of the mark, the nature of the products or services the mark covers, the timeline for bringing the mark to commerce, and the applicant’s allocation of all resources. A Trademark Search Report, in general, is based on:

  • Deep analysis of the elements included in the trademark
  • An intense search of prior trademarks that may impede registration
  • Opinions of an experienced Trademark Attorney on several aspects related to trademark application or registration
  • Suggestions for enhancement of registration probabilities when needed.

Most of the time, the relevant trademark registration office refuses to register any mark because of finding the applied mark either the same or similar to an already existing trademark. However, the office could refuse the registration based on many other factors, such as:

  • Merely descriptive or deceptively misdescriptive
  • Scandalous or immoral trademarks, like racial slurs
  • Trademarks that wrongly suggest a relationship with persons or entities
  • Geographically descriptive or deceptively geographically misdescriptive
  • Prohibited signs like flags, Olympic symbols, etc.

Since rules for registration for trademark vary from country to country, you may obtain different search reports for different countries. For instance, if your mark complies with all the factors essential for Trademark Registration in Maldives, it doesn’t mean that the same satisfies the requirements to get registered in India as well. In the same way, the trademark search report obtained in one nation could be different from that obtained in another nation. Besides, the trademark attorney’s recommendations, along with registration possibilities, can also vary according to the country. Some common reasons responsible for these variations in trademark search reports and trademark registrations in different countries are:

Differences in Interpretation: Trademark Offices interpret what can be and cannot be registered in a different manner. For example, countries like Switzerland will never accept any design that eventually resembles a red cross, no matter how small, big, or deconstructed it appears. However, other nations are more relaxed about what constitutes a red cross and often accept similar designs.

Differences in National Trademark Law: A mark with an image of a crown is not at all an issue in most countries. Nevertheless, in some countries like the United Kingdom, representation of the Royal Crown or similar would be refused.

Wrapping Up

With lakhs of trademarks and thousands of companies in the world, conducting a precise trademark search is essential. The trademark search process, in general, includes all the classes that are registered within that country. One can check the availability of his slogan, logo, brand, or name easily in just one trademark search. Dexterous Intellectual Property Law Firms are available with services that can make things easier for you. With years of experience, these firms can help you choose the right class, etc., by using the free but excellent Trademark Search Tool. The experts within these can also assist you through the entire Trademark Registration Process. In other words, these organizations can make you enjoy robust trademark protection for your mark without facing issues and wasting time or money. For more visit: https://www.trademarkmaldives.com

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What to do to Avoid Being Targeted by Copyright Trolls?

What to do to Avoid Being Targeted by Copyright Trolls?

The industries, especially apparel in the present era is being hit by an unpleasantly hot trend that leaves several retailers, apparel manufacturers, etc., in a situation where they find themselves trapped in Copyright Infringement cases made by copyright trolls. These are the entities that go after the companies or entrepreneurs by opportunistically enforcing their copyrights to make money in litigation. They employ the strategies that make it difficult for people to defend against infringement claims. In general, their strategies include the following steps:

  • First of all, they amass vast libraries or stockpiles of copyrights on an array of fabric prints, even which they may not be producing or licensing for paid distribution.
  • After that, they send out shoppers to find merchandise made of fabric that’s identical or similar to their copyrighted fabrics.

Indeed, even the basic fabric prints, including floral, paisley, geometric, and more, can be subject to infringement lawsuits. Once the copyright trolls find something, they retain Intellectual Property Law Firms to send numerous cease and desist letters and to file lawsuits. Since the litigation is risky and expensive, most companies prefer settling them outside the court rather than fighting in front of the judiciary.

For a company, which is continuously adding to its fabrics already including many, legally clearing every suit is not practical and can eat up a lot of its money and time. Hence, apparel-related businesses need to find how to avoid copyright infringement claims by copyright trolls. Besides, they also need to look for what to do to mitigate the damage if a claim is made.

Although the perfect protection is to sell only solid fabrics produced by designing your patterns, which certainly is not realistic, you can still take a few other measures to protect yourself. Some of the steps you can follow to stay safe against copyright trolls are as follows:

  • Begin by asking your textile supplier if his/her company possesses an appropriate Copyright Registration for the pattern/ design being considered to be used in your products. You can ask for evidence of the ‘original work’ authorship. In case the supplier has purchased the pattern or design to be sold to you from any third-party, you must demand a statement stating that the original copyright is being transferred to you.
  • Obtain a clear indemnification clause and shifts the burden and damages to the supplier in the event of copyright infringement lawsuits. It is a contract under which one party (supplier) commits to compensate the other for any harm arises out of the contract. The promise, by the suppliers to cover your losses if they do something that makes any third-party to sue you, should be in writing.
  • Since the policies related to copyright infringement insurance are expensive, people often ignore purchasing their own insurance. You may also be thinking to do so, but note that it is a very small cost to protect yourself and your customers from issues, like infringements, confusions, and monetary losses due to them.
  • Prefer using ‘public domain designs.’ These are the designs available without issues of copyright ownership. There are various facilities that maintain libraries consisting of thousands or more prints, which exist in nature or are already in the public domain. You can pick and use any design from these reference materials. Although you cannot copyright that design, still it will keep you out of the courtroom.
  • Last but not least, if you are not satisfied with the supplier’s response to your inquiries, then it will be in your best interest to avoid buying the pattern or design from him/ her.

Conclusion

Whether manufacturers or retailers, legitimate companies are in the business of creating products their customers will enjoy and appreciate. On the other hand, copyright trolls are in the business of targeting these legitimate companies, and thus, finding opportunities to file copyright infringement claims and seek monetary settlements. As these types of attacks are difficult to defend against, apparel companies need to be prepared for the circumstances when copyright trolls inevitably rear their ugly heads. Hopefully, the information provided in this blog will prove helpful in preventing you from being targeted by copyright trolls. However, if you still have doubts regarding anything or face any issue, you are advised to have a discussion with an experienced IP attorney. For more visit: https://www.trademarkmaldives.com

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