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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Trademark Cease & Desist Letter: Important Things You Should Know

Trademarks are one of the most efficient ways to build up and safeguard your brand’s reputation. As the Registered Trademarks enable consumers to determine the origin or source of products and services, they can also help you in expanding business by prohibiting the competitors from making profits on your name. Although trademarks provide clear directions that no one except the original owner of the mark can use it, Trademark Infringement is still a severe matter and needs to be addressed on the spot. Here, you will get information regarding the cease and desist letter, which may aid you to prevent others from using or cloning your trademark without paying unnecessary charges related to legitimate actions.

Cease and Desist Letter

A cease and desist letter in case of trademark infringement is a legal document issued by the original owner of the mark to a party infringing upon his/ her federally registered trademark. The letter asks the offending party to not just cease the act of violating the owner’s Intellectual Property (IP) but also compensate damages that took place due to the infringement. On determining that someone is infringing on your trademark, you can choose any of the two options; either try to resolve the matter outside the court by writing and sending a cease and desist letter or proceed directly by filing a trademark infringement lawsuit. Typically, sending a cease and desist letter to the infringer is the first step that many people put to end the infringement without including extra expense and time associated with going to court or taking other legitimate measures.

Another noticeable fact is that this letter isn’t limited to help you only if someone violates your trademark; instead, it is also helpful in cases like copyright or Patent Infringement.

Cease and Desist Letters Aren’t Legally Binding

As these letters only describe the ideas and requests of the sender, usually a trademark attorney or IP lawyer representing the trademark’s owner, they aren’t legally binding. Moreover, they don’t even provide indications regarding the court action, which could be the next step if the offending party neglects to respond to the sender as he/she expected.

Procedure to Write and Send Cease and Desist Letter In a Trademark Infringement Matter

To write a cease and desist letter, one needs to follow the following steps:

Determine the infringement: Firstly, check if someone is infringing your trademark or it is any other IP that he/she is using to make profits on your name. Trademark infringement takes place when the offender is advertising or selling his/ her products or services by using the same or similar name your products or services are having.

Do Searches: Collect more details about both – infringement and infringer. Make attempts and understand the offender’s intention, i.e., whether he/she is involved in the case accidentally or intentionally.

Consult to An IP Attorney: Though you can write and send the cease and desist letter yourself, yet proceeding under the supervision of an experienced attorney will be in your best interest. An adept lawyer can assist you in listing all the facts, demands, and claims in the letter clearly and understandably.      

Note that by creating and sending a precise cease and desist letter, you can:

Indeed this letter can be written and sent at any time but doing so as soon as you notice infringement would provide the best outcomes. It will not just prohibit the offender from continuing the unlawful act of infringement but also help you in enforcing your ownership rights. Nonetheless, to make the offender respond as you want by reinforcing your part, it is imperative to familiarize him/ her with all the details of your trademark. Your brand’s name or logo, the date on which you filed a Trademark Application, the day when you determined that someone is unlawfully cloning or using your registered trademark are some vital details you need to include in the letter. Including all the evidence reflecting infringement can strengthen your case. Ultimately, don’t forget to incorporate the section showcasing what the infringer can or should do to resolve the conflict.

Conclusion:

Hopefully, you have got a clear insight into the fact that cease and desist letter is one of the best ways to prohibit the offending party from continuing to make profits on your name without getting involved in legal actions. So if any individual or company is using your trademark without seeking your consent, the matter needs to be resolved by sending a polite letter. While a stern demand with a deadline to cease copying or using your mark can be useful, a formal letter can also result in a favorable resolution of the infringement concern. Now, after going through this article, you can undoubtedly write a cease and desist letter on your own, but doing so with the help of either any IP attorney or Trademark Law Firm is still advisable. Experienced IP lawyers and Intellectual Property Law Firms have a deep understanding and knowledge of these areas and can benefit you with a more compelling case on your side. For more visit: https://www.trademarkmaldives.com

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Want to Transfer Trademark Rights in India? Here’re the guidelines!

A trademark is one of the most exclusive and fastest evolving Intellectual Property Rights (IPRs) in India. Consisting of a recognizable sign, design, or expression, it identifies and differentiates the products or services of a source from those of others. Besides, it helps the brands in generating goodwill that attracts consumers towards them. Another remarkable fact why a trademark is the most preferred Intellectual Property is that the owner can transfer it.

Here, we will dive into the complete process of transferring the trademark rights in India.

As per the Indian Trademarks Act, 1999 that deals with all legal issues, terms, etc., around trademark, people who desire to transfer their trademark cando so by opting any of the two agreements: Trademark Assignment or Trademark Licensing.

(A) Trademark Assignment Agreement

It focuses on the legal way of transferring rights from the owner (assignor) to the willing third-party (assignee), which could be a company or an individual. Assignment of a trademark can be possible in the following two ways:

  • Complete Assignment:

Trademark rights refer to a bundle of several rights emphasizing ownership, use, process, share, etc., and a complete assignment of a trademark allows the transfer of all these rights from the assignor to the assignee. Once signed this assignment, the assignee can use, sell, and even distribute the mark without any fear of Trademark Infringement as the assignor no longer retains any right over the logo, brand, or anything else associated with it.

  • Partial Assignment:

Partial assignment of trademark permits the transfer of rights over particular products or services. It empowers the assignor to provide the willing party with his/ her rights while adding clauses that the assignee is entitled to use the rights related to only a few products. In other words, the assignee cannot use the trademark for any other products or services apart from those allowed by the assignor.

Step-wise Procedure for Trademark Assignment

  1. First of all, there is a need to make an application requesting the transfer of rights. The trademark assignment application can be made either by the assignor or assignee or jointly and should entail the terms and policies of transfer, details of both proprietor and assignee. Moreover, it must be in the format of FORM TM-P.
  2. After preparing the application, it’s the time to file it before the registrar. Emphasize doing so within six months of acquisition of proprietorship as delaying in filing can cost you payment of an additional fee.
  3. Obtain the permission of the Registrar. The case of transfer varies according to conditions, for example – is it the transfer with goodwill or of a Registered Trademark. In every case, it is mandatory to focus on the directions of the registrar before the expiry of the assignment. However, this period is of six months in India but extendable if the registrar allows.
  4. Advertise the assignment as per the registrar’s direction and submit copies of both advertisements and directions to the registrar.
  5. The registrar (if satisfied) with the application, all documents, and advertisement will transfer the said Trademark Protection from the original owner to the new proprietor. Once the name of the assignee gets registered with the registrar, the assignee can use the said trademark rightfully.

(B) Trademark Licensing Agreement

It emphasizes transferring a trademark in a restricted manner. In other words, trademark licensing doesn’t allow the transfer of full ownership over the trademark rights from the licensor (original owner) to the licensee (new owner).  Though a little bit restrictive yet licensing agreements benefit the licensor by broadening his market and increasing consumers, while the licensee with royalties accessible with the trademark.

Although the registration of a licensing agreement isn’t mandatory, it is advisable to do so. Why? Registering will enable the licensee to exercise the trademark without any fear of legal issues.

Procedure for Trademark Licensing

The process of registering the license agreement is quite similar to that of assignment agreement. Like the assignment agreement, the application for Trademark Registration and transfer under the license agreement should also be filed before the registrar within six months of the agreement made. Licensor, licensee or both can make the application in the format of TM-28 form. Once the registrar is satisfied with the application, documents, etc., he/ she will make an entry into his/her record register, including the date of filing the Trademark Application and other details. The entry states that both the licensor and licensee can use the desired trademark rights as per the terms of the license agreement.

With the consistent evolution and growth in the technologies and several industries, the concepts of IPRs like trademark are continuously changing. Trademark transferring is the correct approach that attracts profits for both the original right holder and the party willing to get the rights. Hopefully, this article will help you in having the benefits of such trademark transferring. So, understand your needs as well as the procedures and thus, go for the method of transferring the trademark rights that suits you. For more visit: https://www.trademarkmaldives.com

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Intellectual Property Rights in 3D Printing Industry

Intellectual Property

With the availability of low-cost and high-performance 3D printers that are affordable to almost everyone, including large organizations and ordinary consumers, 3D printing is emerging as a remarkably beneficial technology for various industries. The potential use of this technology goes wider and generates both opportunities and concerns for manufacturers by facilitating them to easily manufacture objects whereas unauthorized users to effortlessly copy their products. Hence, to utilize the opportunities without coming across worries, it is vital to understand how the expanding use of this potentially transformative technology can have an impact the Intellectual Property Rights (IPR).

Working of 3D Printing Process

The 3D printing process refers to a technological way of using a computer-aided design model to build up a three-dimensional object, usually by adding layer by layer. The process begins with a digital file that is exported to a three-dimensional printer by deploying software that converts the digital model into a physical object. As this process builds up a molten material by adding layers (one after the other), some people call it additive manufacturing.

Since the 3D technology is developing at a rapid pace, businesses predict that it will soon attain a considerable position in almost every area ranging from food and fashion to regenerative medicines and others.

Benefits of 3D printing

The innovation-intensive companies enjoy various advantages, by using the 3D printing technology, as it:

  • Enables the companies to design, develop, and test the new objects with remarkably reduced expenses
  • Helps the enterprises in saving their financial assets by preventing them from paying for costly prototypes
  • Allows the firms to improve their current products

By considering the changes that 3D printing brought in the ways of manufacturing objects, it is correct to say that this technology can significantly impact the manufacturers’ Intellectual Property Protection.

Intellectual Property Procurement

Firms that design, develop, or sell the 3D printers, parts, or accessories, possess the same opportunities to protect their Intellectual Property (IP) as those in other industries.They can trademark their brands, patent their technology, and copyright their creative works. Not only objects or works but 3D printing methods are also patentable.

Avoiding unauthorized 3D printing

People who are dealing with objects based on 3D printing technology are susceptible to get infringed by unauthorized users. However, the strategies to battle against infringements in regards to 3D printing vary according to the way of infringing. Consequently, the owner may need to consider different approaches for addressing infringement by a customer, a competitor, or other.

Competitors

Restraining competitors from using others’ trademark, copyright, or patent in the 3D printing arena is similar to doing that in other industries. However, the forms of IPR, like Design Patents and copyrights, which the owners can obtain quickly, may seem more valuable to avoid infringement issues in this field.

Copyright rights in the 3D printing industry enable the creator to protect the originality of his work. As per Copyright Law, if he finds anyone violating his work, it is likely for him to get the relief by filing a case against the defendant. Apart from it, the patent protects the objects’ technical functionality, the trademark enables owners to distinguish its source from others, and the design rights safeguard its ornamental and aesthetic appearance, including the shape and form.

Customers creating replacement parts

One main area where infringement related to 3D printing technology appears considerably high is ‘Printing replacement parts.’ Instead of purchasing the replacement parts from the original manufacturers, a large number of customers prefer making them on their own. Original manufacturers or suppliers can prevent such happenings by using utility patents or copyrights applicable to safeguard certain replaceable parts.

Consumers sharing infringing files

Sharing of CAD files, whether recreated or stolen, can lead to infringement.  However, the owners can prevent such occurrences by implementing relevant intellectual property protection strategies.

Copyright and trademark rights should extend to CAD files used to create objects, which deploy underlying IP rights so that the use of those files itself displays an act of infringement. To overcome the fact that the patent rights in the 3D printing industry are unlikely to extend to the CAD files of objects, manufacturers themselves can pursue the patent protection of their files. It would help them by showing that the copying of a stored CAD file is a direct infringement act.

Conclusion

With 3D printing technology, incredible manufacturing capabilities are accessible to almost everyone in the present era. However, this affordable solution can lead to concerns, like breaching IP rights, thus leaving rights holders with difficulties in finding infringers and taking action against them. So, people should pay attention to the influences of this technology on the intellectual property industry and vice-versa. It will help them in attaining the best out of 3D technology-based objects and services without suffering from any issue. 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.

Conclusion

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/

Offwhite Sues Virgil Abloh Alleging Trademark Infringement

registered trademark

OffWhite Productions LLC sued Virgil Abloh’s OffWhiteTM for infringing its trademark rights. The New York-based marketing and creative agency claimed that the defendant had hijacked its brand name.

The complaint filed on Sunday in Federal Court includes claims:

  • OffWhite Productions has been operating with its registered trademark since the late ’90s, whereas Abloh launched its Milan-based mark in 2012.
  • OffWhite had maintained a website named as “offwhitedesign.com” since July 2001 and operated a Twitter account with @offwhitedesign.

OffWhite Productions also accused the defendant of continuously applying for new trademarks, encompassing a logo that is “unmistakably similar” to one of its marks.

Besides the above claims, OffWhite Productions alleged the fashion agency saying that the defendant is “steamrolling its path for years by misusing its (OffWhite Productions’) present and past senior and superior rights, and putting a legal, branding, and commercial barricade in the expansion of OffWhite Productions’ business.”

OffWhite Productions claimed that the actions of using the same brand name by Virgil Abloh are creating confusion and hampering its competitive advantage. The plaintiff continued that the advanced Search Engine Optimization (SEO) practices by OffWhiteTM to promote the infringing use of its trademark, along with its celebrity-outreach campaigns and public relations efforts; have displaced offwhitedesign.com (website) from top search results of Google.

Considering all these facts, OffWhite Productions formulated a set of claims including federal trademark infringement, common trademark dilution, and unfair competition. It is also looking forward to seeking monetary damages and stop OffWhiteTM from using any such logo or mark to prevent confusion in the consumer market. 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/