How to Develop a Trademark Strategy for Your Business?

Are you planning to develop your business? It is significant to have a unique and distinct brand that’s recognizable by consumers as a sign of quality, trust, and satisfaction. These types of brands that attract business profits on one side are vulnerable to be infringed by others like competitors on the other side. Hence, a good trademark strategy is vital to create a brand that is easy to sell, satisfies the consumers, and maintains a distance from issues like Trademark Infringement. Trademark strategy can also help in ensuring that a unique name or logo representing your business will remain a symbol of your goodwill and reputation, instead of becoming descriptive of specific products originating from anyone.

Steps to Develop a Fruitful Trademark Strategy

  1. Execute Trademark Search

In the brainstorming stages of building your brand, a trademark search is helpful to determine whether or not any confusingly similar or identical trademark that can prevent Trademark Registration in regards to your product already exists. A trademark search, though, seems a little bit costly for firms having limited financial resources, yet it can help you in saving a lot of your hard-earned money that may likely get wasted on rebranding products and services once they were launched or promoted. It can also prevent issues like trademark infringement, and therefore, wastage of financial resources on settling them.

One can conduct a preliminary trademark search on his/her own. However, this type of search only captures trademarks identical to your mark in most cases. Besides, it fails to determine trademarks that have different spellings but the same sound, for example – Life and Lyfe. Accordingly, it is recommended to seek the help of an experienced Intellectual Property (IP) Attorney or trademark solicitor while conducting a trademark search.

  1. Be Careful About the Trademark Registration Process

After being familiar with the fact that trademarks can add a remarkable value to your brand, you may get tempted towards obtaining Trademark Protection in India or other nations for every symbol, name, etc., representing your business. Before proceeding, note that as the trademark registration procedure is country-specific, obtaining and enforcing several trademarks can be expensive as well as difficult. As a consequence, registering every single item in the vast suite of your business products doesn’t make commercial sense. Hence, Trademark Registration in India or any nation should always be carried out after prioritizing trademarks based on the value they provide and having complete information regarding how the process is carried out in the relevant nation.

  1. Market Your Trademark

The subsequent step in the trademark strategy procedure is to publicize your Registered Trademark to consumers so that they associate it with the satisfaction and quality related to your products and services. Do you rely on websites and social media platforms to advertise your products? Securing domain names and social media accounts will help in preventing competitors from making profits by using the same or similar names or accounts.

  1. Ensure Proper Usage

One pitfall trademark holder can fall into is condoning inappropriate trademark use by consumers and influencers in the area, spreading the usage in vernacular. One of the best examples of this is “Google®,” which was initially trademarked as a search engine but soon became a common verb to showcase searching for anything online. Although this isn’t always problematic for large brands; however, for small ones, it can lead to disastrous outcomes.

How can you prevent devaluing your trademark in this way? Ensure using your trademark protection for generic products or services that you are selling or planning to sell. Consider developing your marketing strategy based on the comparisons like – Kleenex® is the softest versus Kleenex® facial tissues are the softest. Avoid using your trademark in plural form instead of singular if it has been registered as a singular term.

  1. Fight Against Competitors

The aim behind developing a powerful trademark strategy is to make sure that your brand is the only one that makes profits on the goodwill and reputation you have created. To prohibit trademark infringement, you need to notify others regarding your trademark rights in as many as possible instances. For instance, if your trademark is registered, then you should showcase your trademarked term with ®. On the other hand, if it not registered, still you should mark it with TM symbol often put in superscript to notify others that you’re using the relevant symbol, word, or other as a trademark.

Wrapping Up

The precise trademark strategy can create goodwill and reputation that will uplift your brand from better to the best. Don’t forget that careful consideration and execution of an appropriate trademark strategy is not just beneficial but also essential to shaping consumer perception of your business’ products and services. For more visit: https://www.trademarkmaldives.com

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TM and R: What Role These Trademark Symbols Play In IP Industry?

Trademark, also written as trade-mark, is any word, name, design, symbol, or combination thereof used to indicate the source of products to identify and distinguish them from goods of others. Undoubtedly, the definition of this exclusive Intellectual Property Right (IPR) is clear to most of us, but what about the vital elements related to it. Besides, queries like whether you can use a specific mark and when can you file a trademark application, there are several areas of trademarks around which confusion abound. One remarkably confusing area is TM and R symbols. People often appear confused with what these two trademark symbols represent, when should one use them, etc.

What do TM and R Symbols Represent?

The TM symbol, which can be used by any individual or company, indicates that a particular word, logo, sign, or phrase is a trademark intended to work as an identifier for the source of the relevant product or service. To use a TM symbol, the owners don’t need to have a Registered Trademark. In general, many companies opt to use this symbol for new goods or services in advance of and during the Trademark Application Process.

On the contrary, the R symbol indicates that the specific word, phrase, logo, or sign is a Registered Trademark, and only the owner or licensee has the legal rights of ownership to use it. It must be used only in the regions in which the owner possesses a valid Trademark Registration.

Can TM and R Symbols be Used at Any Time?

The precise answer to this question is both yes and no. In the case of the first one, i.e., TM, where you want to use a word, phrase, sign, or logo as a trademark intending to identify your company as the source of products or services, you are free to do so any time. As per some privileges under the common law of many companies, you can use TM symbol without applying to register a trademark. However, it enables you to obtain the protection, which is quite lesser as compared to that you could have enjoyed as the owner of a registered trademark.

In cases where you don’t want to or unable to go for trademark registrations, the use of the TM symbol can be a strategic decision. It allows you to tell the public that you are using this brand as a trademark, which over an extended period, will become recognizable in the marketplace as an identifier for your business. Moreover, it also signifies that you have legalities to protect your brand in mind, and thus, ultimately act as a deterrent to severe Trademark Infringement.

On the other hand, the R symbol can never be used without successfully registering your trademark with the associated trademark office. The use of symbol R on the mark that has not been registered is a criminal offense. Doing so can leave you with penalties or behind bars. Hence, whenever you decide to use a trademark symbol, it is better to proceed after being aware of the rules related to that symbol. Although it is possible to obtain the required information from several sources, knowledgeable IP Lawyers can be the best option. They can provide you with precise info, clear your doubts, and assist you in getting rid of any legal concern if you have already misused any mark.

What Should Be the Location of TM and R Symbols?

The upper right corner of the sign, logo, or word is the most common place to put these two significant trademark symbols. Nevertheless, placement of the symbols on the bottom right corner is also acceptable in cases when placing them on the top don’t appear pleasing.

Bottom Line

Here at the end, you have a wealth of information about symbols TM and R that will help you to secure your valuable assets under the Trademark Protection. Recognize your needs and select the symbol that suits you. Although using the symbols even on the registered mark is not necessary, electing to use them is a good idea as it can prevent issues like infringement, and thus, limit the losses that you otherwise can come across. If you want to know about any other trademark symbol or more regarding these two, then consult an adept Intellectual Property Law Firm. Having years of experience in the Intellectual Property industry, they can serve you with the best possible guidance! For more visit: https://www.trademarkmaldives.com

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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

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

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 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

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?

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

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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EagleView Wins Intellectual Property Lawsuit

EagleView, a technology provider of aerial imagery, geographic information system, and data analytics solutions, recently announced a significant legal decision revealing that Verisk Analytics, Inc. and Xactware Solutions, Inc., willfully infringed EagleView’s Intellectual Property (IP) and technological innovations.

26th September 2019’s jury verdict in the U.S. District Court for the District of New Jersey confirms that Verisk and Xactware used EagleView’s technology and innovations without its consent and in violation of the U.S. Patent Law.

What’s the Case?

In late 2015, EagleView filed a lawsuit against Verisk and Xactware claiming that the two competitors are involved in the willful infringement of its patents encompassing some unique technologies. The filing was emphasized to hold Verisk and Xactware accountable for infringing EagleView’s technologies.

The jury favored EagleView on every issue has awarded it $125 million in damages. Besides, the Court has issued a temporary restraining order preventing defendants’ sale of Property InSight, Geomni Roof, Roof InSight, and Geomni Property, as well as, use or sale of Aerial Sketch version 2 after 25th September 2019. This order will be in effect until 8th October 2019, the date set by the Court for a hearing on a permanent injunction.

Rishi Daga, CEO of EagleView said that they understand the distraction their customers are encountering due to the ongoing lawsuit, and thank them for standing beside the company even when it was forced to safeguard its IP and technology in court. The recent decision enables them to continue serving the clients with superior customer services across insurance, energy, roofing, and government, and to look forward to driving innovation through data analytics derived from aerial imagery as well as bringing impactful solutions. EagleView will consult the affected customers to determine if the firm can assist them in any manner or customers can contact EagleView at https://www.eagleview.com/support/.

The jury found that the patents involved in this case were valid and amongst the more than 200 patents in the plaintiff’s portfolio. They also discovered that Verisk and Xactware had infringed the patents willfully, awarding $125 million to EagleView for damages due to past Patent Infringement.

Verisk and Xactware have repeatedly taken measures to prevent EagleView’s claims from reaching in the front of a jury trial, including attempts to invalidate EagleView’s claims in district courts and challenges to the plaintiff’s patents with the USPTO. EagleView succeeded in securing overwhelming victories at the USPTO, with 149 applications related to its patented technology comprehensively upheld after several appeals.

Kirkland & Ellis LLP and Walsh Pizzi O’Reilly Falanga LLP are the co-counsel represented EagleView at all levels of the lawsuit and relevant patent proceedings, including the recent IP trial win.

EagleView is emphasizing on transforming the way people work by bringing in the highest level of accuracy in today’s persistently changing world. It is expected that this win will help the company in achieving its goals. For more visit: https://www.trademarkmaldives.com

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