Square Inc. Joins Cross-Licensing Platform to Reduce Patent Suits

Square Inc., an American company specializing in providing financial services and facilitating digital payments, has recently joined a cross-licensing platform with other technology companies to lessen Patent Lawsuits over cryptocurrency and encourage the growth of digital currencies. According to the company, it is becoming a part of the Open Innovation Network, wherein all the members agree for royalty-free access to patents for open source technology.

In 2020, Square established the Cryptocurrency Open Patent Alliance, in which all the members are required to agree towards not suing each other over patents. It also provides a shared patent library for access to the underlying technologies.

Max Sills, the Counsel at Square and the General Manager of the Cryptocurrency Alliance, said in a recent statement delivered that the company is looking forward to avoiding long-drawn-out legal battles in the present rapid time of growth. He also stated that the ultimate goal of joining the Open Source Network is to have a non-aggression pact in place that underpins the new digital currencies and tools without which one can’t do business in the market.

The Network includes technologies like Hadoop and Linux kernel that are widely used to store and process large datasets.

Keith Bergelt, the Chief Executive of the Open Innovation Network, said that when it comes to dealing with core functionality, companies or individuals should not sue one another. According to him, the idea should always be to build one’s differentiation around the core, which won’t impair anyone from establishing a business and only safeguard them from being sued on what is fundamentally open.

The Open Innovation Network was created to safeguard the Linux operating system from patent litigation lawsuits. It even has more than 1,000 patents at present of its own that all the members get royalty-free. It was founded in 2005 by companies including Sony Corp., Red Hat Inc., and International Business Machines Corp., and currently, it has more than 3,500 members across the globe, such as Oracle Corp., Microsoft Corp., and Alphabet Inc.’s Google. In the past decade, the Network has grown significantly to include energy, automotive, and medical device fields.

Square isn’t the only company trying to reduce patent suits that have bedeviled other industries, specifically in the field of technology. Litigation disputes over patents, like the ones involving medical devices and smartphones, among other industries, can cost an enormous amount of money in legal fees.

Many other groups have also been set up to address such challenges; however, each of them focuses on a separate issue concerning patent disputes. For instance, the Open Crypto Alliance was formed to identify Patent Applications to challenge or oppose, such as by providing appropriate information to the patent examiners to use as a legal basis for rejecting the applications. For more visit: https://www.trademarkmaldives.com

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Challenges to Solutions in Patenting IoT Technology

The Internet of Things shortened as IoT refers to a network of computer-based gadgets, physical devices, appliances, and all the items that are deployed together with actuators, sensors, electronics, and software to enhance the collection, connection, and data exchange. As a platform that offers opportunities to connect and control different types of devices with big data technology, which in turn improves performance, promotes economic benefits and minimizes the need for human intervention, IoT is the most important achievement of the 21st century. Considering the path IoT covered so far, it is predicted that the continuously growing technology would bring remarkable changes in not just the way we work but also the way we live. Now, as everyone wants to make profits by implementing this modern technology, the market revolving around it is turning more competitive and vulnerable day-by-day. One of the most common concerns that this vast technology, having its applications in almost every area, including transportation, healthcare, etc., faces is issues in patent-related activities.

Patenting of IoT

Although the patent distribution in the IoT domain is very fragmented, the bulk of activities related to patent regularly takes place in this domain. For instance, several branded companies, like LG Electronics, Ericsson, and Qualcomm, along with various other firms, stay active in enhancing their patent portfolio. Moreover, if considered from the nations’ perspective, then multiple countries, including the US, Japan, China, Korea, India, etc., are experiencing a remarkable hike in the number of patent filings made by their residents in regards to IoT technology. With a large number of firms and nations investing highly in patenting IoT technology, it would not at all be wrong to infer that IoT is flourishing as a hotbed of inventions. Indeed, securing innovations associated with IoT under Patent Protection isn’t easy. Individuals or firms innovating and operating in the IoT domain often encounter several challenges that prevent them from patenting their IoT inventions appropriately.

Challenges in Patenting IoT and Solutions to Them

  1. Claim Scope

As IoT systems refer to multiple devices functioning together, there are many different approaches with which the specific invention can be claimed in a Patent Application, for example:

  • Device or gadgets claims that comprise the IoT components
  • Method claims that consider how the IoT device operates, functions, or communicates with each other
  • Software-styled claims that emphasize software-implemented procedures and methods used by the remote server to communicate with the IoT devices

Though available with lots of options yet the inventors often keep their patent applications limited to only one or two claims due to cost factors and complexities.

To get a solution to this challenge, you need to understand the patentability requirements, be aware of the cost for obtaining a patent, and be familiar with the proposition from the innovation. Moreover, find out the answers to some questions like what is the working model of your business, which part of your invention is novel, who can infringe your idea. It will help you in getting the most suitable claim type for your IoT invention deprived of investing in unwanted claims.

  1. Joint or Divided Infringement

IoT technology is interactive, and therefore, can be used at multiple different locations. Although beneficial, this feature turns the IoT devices more vulnerable to Patent Infringement as it allows multiple parties to violate the inventors’ patent rights. Furthermore, everyone who infringes on the IoT system can do so in two ways – he/she can use the entire IoT device or only its parts, i.e., components. In the case of divided infringement, people often confuse whether there is a liability if the infringement splits amongst multiple actors, parties, and devices. As per the Patent Law‘s rules, the violation liability is likely if the patent infringement involves the participation of various parties. It is also possible if a single defendant exercises ‘control of direction’ for the entire process in a manner that each step is attributable to the ruling party.

A solution in regards to this challenge can be obtained by drafting claims from the viewpoint of just one component existing in the IoT system. Nevertheless, due to continually changing trends and doubts regarding patent eligibility of inventions, it appears a bit difficult for the individuals or companies to draft such claims. If it is so, then you should claim only those components that are more susceptible to be operated or sold by others without your consent.

As mentioned above, IoT facilitates the world with numerous opportunities by allowing the easy and direct combination of the physical world with computer-based systems. It is the trendiest way to improve efficiency and economic benefits, along with reducing human involvement. And patenting IoT is the best way to extract more and more benefits from this technology while keeping your invention out of the reach of infringers. For more visit: https://www.trademarkmaldives.com

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5 Vital Things to Consider Before Applying for a Patent

On the path from just an idea to inventing success, there are undoubtedly many pitfalls that can disturb our way. Sadly, one of the biggest pitfalls is incomplete knowledge. There are a lot of things that we as inventors should know. From the importance of patenting our invention to How to Apply for a Patent and understanding the role of patent protection are some obvious things with which we should be familiar. What follows, however, are the five things that inventors must know and understand when they intend to file a patent application.

Five Key Points to Consider When You File a Patent Application

  1. Comprehend ‘Why Are You Doing This?’: People often take patent filing as just a task related to their invention, and thus, go with the flow and apply for a patent. Well, it is not at all a good idea, you should always actively engage in the patent process after gathering complete information as, after all, it’s the matter of your invention’s protection. Comprehend what patents are for, how can they profit your business, what do you expect from them, etc. In general, you may want to file a patent application for several reasons. For instance, an issued patent grants you exclusive rights to stop infringers. Your patent application, whether it ends up with a granted patent or not, acts as a public prior art document that prevents others from filing a patent application for a similar thing in the future. A patent portfolio shows your seriousness about the protection of your IP and can boost your company’s reputation and prestige.
  2. Opt for Precise Filing Method: When it comes to the patent filing, you will find several approaches. Although it is a straightforward decision that you can easily make depending on your needs, gathering information regarding each method will be advantageous. You can opt for filing the non-provisional patent application, Provisional Patent Application, international patent application, PCT application, or Design Patent
  3. Prefer Working Under Supervision of Your Patent Attorney: Your patent lawyer do it for a living and strive to serve you with remarkable profits. Hence, he or she is a valuable asset in this whole Patent Process. Never hesitate to ask questions and clear your doubts. Besides, stay in touch throughout your application preparation process. Ensure that your attorney will prepare the final application based on your disclosure as it will make things go right and the procedure easier. The lawyers can’t read minds, and therefore, possibly need your help to explain everything in your application adequately. Ask your engineers and inventors to spend some time helping them. Don’t forget to make your attorney aware of what you consider to be the ‘inventive’ part of your invention and what differentiates it from the others’ already invented assets. Your lawyer assuredly knows that the application requires multiple details described precisely, and creates it in the same way. However, being careful and ensuring that everything goes correctly and politely on your part is also essential to avoid possible issues due to the use of stern language.
  4. Don’t Miss Out to Review the Draft Application: After preparation of the application when you are about to file it, you should review everything to ensure completeness and accuracy. Make sure that nothing important is missing, and the description describes every aspect of your invention such that all who go through it can understand the same. Moreover, emphasize substance more than style, i.e., though stylish and eye-catchy, yet if something seems weird, consult your attorney about it.
  5. Get Familiarized with Deadlines and Apt Timings: An experienced and knowledgeable solicitor is the best person to tell and explain these to you. Nevertheless, some imperative deadlines and timings as per the US Patent Law state that it’ll be in your best interest to apply for a patent before disclosing the invention to anyone. Furthermore, if you wish to prioritize your application officially at the USPTO, you have to do so on the day you apply, as it will not be possible later. Foreign and PCT patent applications need to be filed within a few months of the initial US patent application.


Although applying for a patent is a gratifying and proud process, it can be time-consuming and difficult. But if you stay updated with the day-to-day reforms surrounding the IP industry and consider the five points mentioned above, there will be no or hardly anything that prevents you from obtaining robust patent protection. Furthermore, stay confident to consult an Intellectual Property Law Firm or IP Attorney if you have any other query. Good Luck! For more visit: https://www.trademarkmaldives.com

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How Can Intellectual Property Protection Benefit Virtual Businesses?

Due to the continuous technological advancements, virtual businesses have stepped onto the path of tremendous growth. Nowadays, it is common to see people working in a coffee cafe or restaurant; instead of an office as earlier. Well, it is the concept of virtual businesses that makes this happen and lets the people work as freelancers, thus serving them with a new sense of freedom while working. Besides, it enables organizations to get their work done even by the people working in other cities. It is also about letting the employees work remotely. All these facts have made virtual businesses one of the best commerce of the present world.

Undoubtedly, virtual businesses are beneficial in almost every sense, but as the virtual data can be copied, altered, and distributed easily in just a couple of minutes, ensuring the protection of the work associated with the virtual world appears a bit complicated. In these instances, Intellectual Property Protection comes up as the most effective shield to prevent the unlawful copying and use of any material accessible over the internet without seeking the permission of the original creator.

Why Is Intellectual Property Protection Vital for Virtual Businesses?

Virtual businesses often operate on working models focused on their online presence. Hence, the assets like website, app, or other that influence one’s online presence are of great importance. Unfortunately, the Internet and rapidly advancing technology have made the theft and imitation of such online assets just a matter of some clicks, thus generating a crucial need for a robust shield to safeguard them. No doubt that there are several ways to keep the online data secure, but what could be more effective than intellectual property protection. It bestows you with the Intellectual Property Rights (IPRs) that are beneficial in not just preventing replication or misuse of your IP but also making the infringer pay for the damages to your business due to the infringement.

Who Can Own the IPRs on a Website?

A website, which acts as a foremost tool to promote the business for sales generation, is the biggest asset of any company. As this imperative tool generally includes several elements provided by different people like designers, content developers, etc., it is not necessary that a site owner owns exclusive rights on every component. Therefore, it is essential to determine what rights a site owner can own, along with how to protect them.

In general, the right to enjoy the exclusivity remains with the employer instead of the employees who are employed to develop the website. However, as the Intellectual Property Law varies from nation to nation, this right may also change as per the country. So whenever you decide to obtain legal ownership over your website, it will be in your best interest to consult an IP Attorney.

What Elements of Your Website Can You Protect?

The intellectual property industry has multiple heads to ensure the protection of various elements of your website. Technical tools and software can be protected by Patent Registration. However, the website’s design, which is the expression behind the idea of creating a site, can be secured under Copyright Protection. Copyrights are applicable also for the security of the website’s content, including images, blog posts, and more. Software that includes text-based HTML codes can obtain the protection under Patent Law or Copyright Act, depending upon the nation where the website is functioning. Trademark Law protects the website’s name, logo, products, and other unique signs visible to the viewer. Computer-generated graphic symbols, user interfaces, displays, & even webpages need to be protected under Industrial Design Law. Trade Secrets Law, as the name depicts, is available to safeguard the site’s hidden or confidential aspects, whose disclosure may lead to secrecy violation of the particular firm.

Wrapping Up

As mentioned earlier, the virtual business industry is one of the most rapidly growing sectors. While dealing in such a continually advancing and competitive industry, it is not uncommon for you to find your work violated by someone. Besides, there are possibilities that you may unknowingly infringe others’ IP. IP protection helps you in not just evading such issues but also ensuring safer online transactions in your business. So, if you are planning to come up with a website, make sure to secure it with suitable IPRs. Hopefully, the aforementioned information will prove helpful to you. However, if you are looking for additional information related to the IP industry and virtual businesses, it is better to consult an experienced IP Lawyer or IP Law Firm. For more visit: https://www.trademarkmaldives.com

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Indian Government Eases Rules for Patent Filed By Women & Many Others


Recently, the Indian government has simplified the rules set in the nation’s Patent Law for patents filed by women, government agencies, and small entities. It has also incentivized Indian companies to obtain Patent Protection abroad. DPIIT, the Department for promotion of Industry and Internal Trade, has announced the further rules amending the Patents Rules, 2003. Besides, it has also facilitated the testing of patents in cases wherein the applicant is a startup, small entity, or an organization, either founded under a Central, Provincial, or State Act or controlled, owned, or financed (wholly or substantially) by the government. An expert on Intellectual Property Rights said that they expedited the testing of patents to foster creativity amongst startups, women, and small companies, and to aid the Indian government for commercializing its patents by charging a royalty. The government has also fostered Indian companies for filing patents abroad. It has put an end to the charge needed to be paid for filing the electronic international application with the Patent Cooperation Treaty (PCT) and the transmission via the World Intellectual Property Organisation, abbreviated as WIPO and created to incentivize creativity and encourage the protection of Intellectual Property (IP) worldwide. Moreover, the department has drafted guidelines concerning the protection of IPRs in educational institutions like schools, universities, and colleges. These guidelines have revealed that an academic institution can enjoy the long-lasting patent rights if any of its student, staff member, or researcher has utilized its funds and resources for the development of a useful asset. In other words, if an institution associated with education works as per this condition, the patent rights will rest with it. It is predicted that this move of the government and relevant legal teams will prove to be beneficial for all, facing challenges in dealing with the rapidly increasing competition in the present competitive market. However, the recent amendments in Filing a Patent Application to get a patent in India and overseas demand investment of some time and efforts of Indians but it would serve them with more benefits and better opportunities. For more visit: https://www.trademarkmaldives.com

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How Copyrights, Trademarks, and Patents Differ?

Intellectual Property Rights

A common question whether Copyrights, Trademarks, and Patents are the same or different often hovers over our minds. The main difference between these three common forms of Intellectual Property Rights (IPR) is that they protect different assets. In today’s competitive era, clear information about copyright, trademark, and patent, and how these differ from each other is essential for protecting your business from infringement issues.

What is Copyright?

Copyright is a type of IP protection that includes the right to secure your original work, including content, images, and everything you put online, on paper, or elsewhere. Copyright encompasses the right to:

  • Reproduce the work,
  • Produce derivative works,
  • Distribute and advertise copies,
  • Represent and perform the work publicly.

Copyright Registration will bestow you with full control over how your assets are made available to others. To ensure complete protection of your copyright, you must register it with the government. Otherwise, you will be unable to sue people or companies for Copyright Infringement.

What is a Trademark?

A trademark refers to a word, symbol, phrase, or logo that recognizes and distinguishes the source of one product or service from others. Trademarks have goodwill associated with the products and services, which further helps the customers in finding their desired products.

Examples of some common trademarks are as follows:

  • Words such as Nike
  • Logos such as the swoosh
  • Slogans such as Just Do It

Apart from giving the ability to sue the unauthorized user, Trademark Protection empowers you to grant permission to others for using your Intellectual Property.

What is a Patent?

A patent is a limited duration IP right that safeguards your inventions by not allowing others to use them.

Patent Law encapsulates:

  • New and useful industrial processes,
  • Machines,
  • Manufactured products,
  • Chemical compositions,
  • Developments in assets.

A patent right gives you the complete authority to prevent others from using or selling your invention. All the responsibilities from implementing the patent law on discovering any infringement to bring the defendant in a lawsuit lie with you.

How Copyrights, Patents, and Trademarks are Different?

i) Assets Protected 

  1. Copyrights protect the original material of the owner, for example – books, images, blogs, etc.
  2. Trademarks secure words, symbols, or phrases that distinguish a company’s assets from others.
  3. Patents ensure the protection of inventions, including processes, manufactures, machines, compositions, and improvements.

ii) Requirements

  1. For attaining Copyright Protection, you should provide original and creative work.
  2. To get your Trademark Application registered, you need to ensure that the mark identifies the source of your product.
  3. While applying for a patent, you should make sure that your invention is new, non-obvious, and valuable.

iii) Terms of Protection

Terms of Protection for intellectual property rights are country-specific. For example, in India:

  1. Copyright rights are valid for the duration, including your (owner’s) life followed by sixty additional years.
  2. Trademark Protection extends for 10 years from the date of application.
  3. Patents last for 20 years.

iv) Rights Granted

  1. Copyrights grant the license to use, disseminate, and publicly display your copyrighted material.
  2. Trademark grants the license to prevent businesses or people from creating confusion because of using marks similar to an already existing trademark.
  3. Patents grant the license to prevent others from using, selling, or importing your invention.


Due to rapid technological advancements, not just the businesses are developing but also the issues like infringement and fraud are increasing. Hence, there is a dire need to protect your intellectual property, which is possible with proper knowledge regarding all types of IP. For more visit: https://www.trademarkmaldives.com/

Louis Vuitton Sues two Chinese Shoe Companies for Copyright Infringement

Louis Vuitton Sues two Chinese Shoe Companies for Copyright InfringementFrench fashion house and luxury retail company, Louis Vuitton is suing two subsidiaries of China’s footwear giant, Belle International for allegedly copying the design of a pair of HK$8,950, famous Archlight sneakers.

As per the intellectual property high court of Hong Kong, the fashion brand Louis Vuitton has accused Belle International (China) and Best Able Footwear – both subsidiaries of Chinese shoe giant Belle International of manufacturing and selling a product that looks substantially similar to a product from its spring and summer, 2018 – the LV Archlight trainers. As a result of copying and selling these products, the two Hong Kong registered companies have damaged LV’s brand name and business reputation.

Undoubtedly, LV has acquired a distinctive reputation and goodwill for their trainers not only in Hong Kong, but across the globe as well; therefore the customers would always associate the product purely with the French brand.

According to the documents, the defendants first began selling its alleged replica in July last year. Belle International runs an array of retail chains in Macau, Hong Kong, and mainland China, including Jipi Japa, Staccato, Joyce & Peace to name a few, mainly focusing on women’s collection.

The fashion label Louis Vuitton has now asked the court to make sure that all the similar products are removed from the markets and the companies’ platforms. It has demanded the firms to cease all copyright infringements, and hand over or destroy the existing alleged copies. LV is also seeking for monetary damages of a sum to be determined at trial.

The officials have stated that the copyright law of Hong Kong will respect the freedom of expression and take a decision accordingly. The trial date has yet to be scheduled. More Visit: http://trademarkmaldives.com/

Victoria’s Secret threw shade at Budding Rival ThirdLove

Victoria’s Secret threw shade at Budding Rival ThirdLoveVictoria’s Secret, an American designer, manufacturer and marketer of women’s lingerie, women wear, and beauty products, has energized a prolonged and bitter quarrel with ThirdLove, an American company producing and selling bras, underwear and lounge wear, by the means of sedate US trademark applications. While ThirdLove might interrupt or distort the lingerie business, the global lingerie giant Victoria’s Secret strongly believes it still is customers’ “first love”.

The US Patent and Trade Office (USPTO) has officially agreed to the company’s trademark application, thereby attaching the phrase “first love” to a line of its personal care products. Although Victoria’s Secret has succeeded in acquiring its beauty products’ rights, it couldn’t trademark the phrase in association with its apparel and lingerie as the USPTO stated that “Victoria’s Secret First Love” is confusingly similar to “First Love,” an existing trademark registered for the same type of product, namely, women’s clothing.

Despite Victoria’s Secret recent ups and downs on the fashion runway, the lingerie giant remains the queen of lingerie. However, it is a matter of fact that yes; Victoria’s Secret has lost around 3.8 million customers over the past two years and has delivered a formal public statement on its plans to close 53 stores this year as opposed to its annual average of 15.

Coming to ThirdLove, the company had secured a $55 million fundraising round from a group of investors consisting of Susan Wojcicki, CEO of YouTube, and Anne Wojcicki, CEO and co-founder of 23andMe, genetic testing company. Also, ThirdLove is now generating $100 million annual revenue and has become famous among women as its online “Fit Finder Tool” is being used by many customers to find their bra size.

Ed Razek, the senior creative at Victoria’s Secret said in an interview with Vogue that “We’re nobody’s third love, we’re their first love. Victoria’s Secret has been women’s first love from the beginning”.

When ThirdLove was questioned on whether they had opposed Victoria’s Secret application to trademark “first love”, the online lingerie retailer, Zac, refused to give a statement by focusing attention to their open letter which was published as a full-page ad in the New York Times in 2018 which read in one part, “Your show may be a “fantasy” but we live in reality”.

Nevertheless, it is not an end for Victoria’s Secret as still has time till June this year to make the required justifications in support of the trademark application’s registration. More Visit: http://trademarkmaldives.com/


Apple’s ‘Think different’ trademark dispute

Apple’s ‘Think different’ trademark dispute

Apple, an American multinational technology company lost a legal trademark dispute against Swatch, a Swiss watchmaker, twice in recent weeks. The Cupertino-based company claimed in a lawsuit that Swatch’s “Tick different” logo strongly resembles its well-known “Think different” slogan.

In 2015, Swatch had registered “Tick different” as a trademark (word/figurative mark) along with the famous half-sentence “One more thing” (word mark), with which, Apple’s founder Steve Jobs usually introduced an innovative product at the end of his presentations. Apple found it to be a copy of its slogan, to which, Swatch defended itself by giving an even older reference of the slogan “One more thing” – the well-known television detective, Columbo, who on numerous occasions said “Only one  more thing”- that perfectly fits in the way how Swatch promoted and advertised its NFC – capable watch.

In early April, the Swiss court ruled in Swatch’s favor over the use of its “Tick different” logo. Apparently, the court stated that the company didn’t have any legal documents which could prove Apple’s allegations against Swatch. During the end of the month, Apple lost another battle against Swatch in Australia where the Australian Trademark Office firmly believed that Apple never used the wording in connection with certain goods or services but only in presentations.

Apple is now taking strict actions against this trademark registration in several countries although it has already lost two battles against the Swatch watchmaker in the last few weeks. Of course, Swatch would not stand a chance in the US where the “Think different” advertising slogan is quite famous in the company’s campaigning records. More Visit: http://trademarkmaldives.com/

UKIPO rejects Kellogg’s ‘Fruit Loop’ opposition

UKIPO rejects Kellogg’s ‘Fruit Loop’ opposition

Britain’s fuller’s brewery achieved victory when the UK Intellectual Property Office (UKIPO) discarded a trademark opposition put forward by the American multi-national food manufacturing company, Kellogg. On May 2, 2019, Thursday, the UKIPO gave a verdict  in favor of the brewery, stating that Kellogg’s couldn’t demonstrate the image and  reputation of its ‘Froot Loops’ brand in the UK.

In June, 2018, Kellogg’s filed an opposition against Fuller’s ‘fruit loop’ mark for a seasonal summer beer, which according to the food manufacturer infringed its EU trademark (EU number 145325) for the breakfast cereal brand. The company even asserted that Fuller’s mark would gain an undue advantage from its cereal product’s reputation and would defame the brand by its use with respect to an alcoholic beverage. On the other hand, Fuller’s argued by claiming that the beer and cereal products had almost nothing in common with respect to the taste and flavor to be placed next to each other in markets.

The UKIPO, after hearing all the justifications and claims, declared that the marks were similar to a very low degree, keeping in mind the other attributes in Fuller’s mark and the alcohol content label. It also stated that Kellogg’s didn’t have much distinctiveness in the UK due to which it couldn’t provide any sales figures except for the marketing figures in relation to a special edition of Unicorn Froot Loops.

Fuller’s has been awarded costs of US $ 3,413 by the UKIPO. More Visit: http://trademarkmaldives.com/