E-Commerce Giant Amazon Launches IP Accelerator in the United Arab Emirates

E-commerce giant Amazon has recently launched an Intellectual Property (IP) Accelerator program in the United Arab Emirates (UAE), thereby making it convenient and more cost-effective for small and medium-sized businesses (SMBs) to obtain Trademark Registration, safeguard their brands, and tackle infringing products on Amazon.ae.

Available to any and every other brand selling on Amazon.ae, IP Accelerator directly connects SMB owners in the nation with a curated network of local law firms charging pre-negotiated, reduced rates on the prime services, thereby giving SMBs access to expert and professional legal and general advice on IP that may otherwise be cost-prohibitive or arduous to determine.

The Vice President at Amazon for the Middle East and North Africa, Ronaldo Mouchawar, said that Amazon is committed to supporting sellers, irrespective of their size, and introducing and innovating new resources to help them grow their businesses online confidently and keep connecting with millions of customers. He further said that Amazon is excited enough to launch the IP Accelerator program in the UAE, which is another tool that shall help businesses save effort and time as they safeguard their brands and gain customer trust.

In the UAE, the growth of the IP Accelerator program shall enable brands and businesses to connect with law firms and file Trademark Applications with the United Arab Emirates Ministry of Economy, thereby making it simpler and cost-effective for SMBs to obtain exclusive Trademark Rights along with safeguarding their brand names and tackling counterfeit products. The said program facilitates the process by working with law firms and attorneys holding expertise in drafting trademark applications and removing or dealing with common obstacles that could otherwise delay the trademark registration of a mark.

In addition to Amazon’s IP Accelerator program, its brand protection tools help businesses of all sizes to safeguard their brand and IP assets even when their trademark applications are pending. Amazon’s Brand Registry is a free-of-cost service providing SMBs with powerful tools to help them protect and manage their brand name and exclusive trademark rights in Amazon stores. Brands and businesses benefit from Amazon’s automated and data-driven protections specializing in proactively removing inaccurate or suspected infringing content as well as from tools that enable them to detect and report a suspected infringement. Enrollment in Brand Registry also offers brands and businesses extensive influence over product information displayed on Amazon’s product detail pages to help customers make informed and confident buying decisions.

Amazon does not ask selling partners to pay some amount to use the IP Accelerator program; SMBs pay their law firms directly for the work done at pre-negotiated, reduced rates.

Businesses interested in using the IP Accelerator program can visit the link given below:

https://brandservices.amazon.ae/ipaccelerator

Law firms and attorneys interested in participating in the program can use the link given below:

https://brandservices.amazon.ae/ipaccelerator/contact

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English Premier League Files 02 Trademark Applications for Crypto

One of the world’s most-watched sporting events, the English Premier League (EPL) or just the Premier League, has recently filed 02 new Trademark Applications for crypto. The applications have been filed with the US Patent and Trademark Office (USPTO), marking the widely recognized football league’s foray into the Metaverse.

Through a tweet on 6th June 2022, Michael Kondoudis, a licensed Trademark Attorney, officially announced the said trademark applications and gave a few details about them. Further info and details were later given in an official press release.

In the press release, Kondoudis said that the Premier League is watched by more than a billion people on a regular basis, which is why the value attached to the brand is substantial. He further mentioned that the Trademark Filings in question portray a logical step to safeguard the brand in the present economy, including crypto and virtual elements, and the future virtual economy in the Metaverse.

The first trademark application is for the unique logo and name featuring a lion donning a crown. The second one is for EPL’s ‘loving cup trophy’ sporting a crown and golden lions on every handle.

The trademark applications submitted with the USPTO also include licenses for digital collectibles and tokens, digital asset trading, digital art, virtual apparel, exchange services, and a marketplace for hosting such digital assets online.

The trademark applications are pretty detailed and explicitly specify the scope of every license. They consist of everything ranging from the creation of all the listed assets to their marketing and sale. Additionally, EPL has sought permission in place to use the said trademarks on virtual, augmented, and mixed reality software.

Lately, multiple brands have ventured into the Metaverse to offer various benefits to consumers, such as unique experiences, travel opportunities, activities, exclusive access to clubs, etc. Without any doubt, sports enthusiasts have always loved owning collectibles, and with their digitization, the reach is expected to go beyond and broaden further.

In the past 02 years, NFTs (Non-Fungible Tokens) have also picked up steam. According to a news release in March, sports NFTs have poised to rake in over $2 billion from only transactions this year. NFTs are gradually recovering, even though the market has not been doing very well recently due to the endless crypto winter. As per the data recorded by experts, NFT sales in Q1 2022 touched $12.13 billion, which puts it back on track to surpass the $20 billion mark recorded in 2021.

NFTs are becoming exceedingly popular among sports enthusiasts as well-known football clubs have been embracing cryptocurrencies and blockchain technology. In the press release, Kondoudis said that the number of trademark applications filed from the professional sports category for virtual services and products is expected to increase in the coming 12 months as brands and businesses are coming forward to appreciate the need for Trademark Protection in the Metaverse. For more visit: https://www.trademarkmaldives.com

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Mastercard Files 15 Trademark Applications Related to Metaverse and NFTs

The American multinational financial services corporation based out of New York, Mastercard Inc., is now discovering new ways of processing payments in the Metaverse. The leading global payments and technology company has recently filed 15 Trademark Applications related to the Metaverse and Non-Fungible Tokens (NFTs) with the US Patent and Trademark Office (USPTO).

The company, as per various reports, has plans to open a marketplace for NFT trading, using which the users would be able to sell or purchase digital assets.

The trademark applications filed by Mastercard with the USPTO describe the proposed trademarks as providing educational and entertainment info in the spheres of concerts, cultural events, award shows, festivals, and sporting events in the Metaverse and other digital worlds. Additionally, the trademark applications filed highlight the use of NFTs and cryptocurrency in the Metaverse.

According to the trademark applications filed, Mastercard’s logo for the Metaverse shows two circles, one in red color and the other in yellow, overlapping one another to create an orange shade at the center. The payments’ giant slogan on the logo says, “There are some things money can’t buy; for everything else, there’s Mastercard.”

Mastercard has not yet officially disclosed its plans of stepping into the Metaverse world. This year in February, the corporation hired 500 new employees for consulting with banks and merchants about taking on NFTs and crypto-enabled technologies.

Last year in December, Mastercard officially came up with the cryptocurrency-linked payment cards in the Asia-Pacific region, enabling users to convert their digital assets into fiat currency. The cards look forward to removing any obstacle between merchants who are not willing to accept cryptocurrency as payment and customers who are not willing to pay in digital assets.

The Executive Vice President for Digital and Emerging Partnerships and New Payment Flows at Mastercard for the Asia Pacific region, Rama Sridhar, said in a public statement delivered that cryptocurrencies are many things to people, including a unique financial tool, a disruptive technology, or an investment. She further mentioned that as attention and interest levels surge from all quarters, their applications in the real world are now emerging beyond the speculative.

It is interesting to note in this scenario that other widely recognized companies like American Express (Amex) and Visa have also filed multiple trademark applications related to payment cards and services in the Metaverse and NFT marketplaces. For more visit: https://www.trademarkmaldives.com

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Meta Ventures Into Crypto & Metaverse By Filing New Trademark Applications

Meta Platforms Inc., formerly known as Facebook and currently doing business as Meta, has recently filed eight Trademark Applications that would enable its infinity loop logo to be used for crypto tokens and virtual exchange. This move by Meta indicates its interest to push deeper into virtual products and crypto-related services, which shall eventually help build an ecosystem around the Metaverse.

As announced by the Metaverse and Trademark Attorney Mike Kondoudis, the trademark applications filed with the US Patent and Trademark Office (USPTO) cover crypto tokens, financial trading, currency trading, blockchain software, virtual currency wallets, virtual currency exchange, and digital, crypto, and virtual currencies.

These eight trademark applications, if approved, would grant Meta the exclusive right to use its infinity loop logo for any or all of the previously listed ventures.

While these trademark applications were submitted to the USPTO on 18th March 2022, Meta hasn’t yet made any official announcement in this context. The only information available in this regard includes the tweet from Mr. Kondoudis and a press release on ExpertClick (a platform that connects experts with the news media).

Meta has been paying due attention to the Metaverse ever since its name change. Furthermore, it has been putting in a significant effort to create a functional ecosystem around this network of 3D virtual worlds. Justifying the name change, Meta explained in a statement delivered that this move is an attempt for the company to own the Metaverse along with the ecosystem that is still being built.

Mr. Kondoudis describes these trademarks filings as a reflection of Meta’s strategy for making its way into the Metaverse. According to him, these filings also signify that Meta has some crucial plans in mind for the virtual world. He even believes that this move would interest anyone and everyone involved in the virtual industry and the ones belonging to the financial sector.

Regardless of the popularity of the Metaverse and the word ‘Meta’ at large, the company holds the right to be the sole owner of the logo.

Since this move shows Meta’s plan to build an ecosystem around the Metaverse, investors can start expecting the announcement of their tokens and virtual exchange. For more visit: https://www.trademarkmaldives.com

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New Trademark Filings By Amex Suggest A Possible Entry Into The Metaverse

The multinational corporation specializing in payment card services, American Express (Amex), has recently filed seven Trademark Applications linked to virtual services and some of its iconic designs and logos, hinting at a possible entry into the metaverse. This move suggests that the major credit company is looking forward to joining its financial peers Visa, J.P. Morgan, and Mastercard in exploring the Web3 applications of its Intellectual Property (IP) assets.

As per the Trademark Filings submitted with the US Patent and Trademark Office (USPTO), the world’s second-largest payments processor, Amex, may be preparing to offer virtual concierge services concerning credit card transactions in the metaverse and other virtual worlds. The trademark applications filed include proposed trademarks for using some of Amex’s branding and logos with virtual payment cards, performing banking services in the metaverse, and utilizing its cards in an NFT (Non-Fungible Token) marketplace.

Many companies and firms across the globe have hinted at expanding into the metaverse following Facebook’s announcement last year in October concerning its rebranding to Meta. The social media giant at that time said that with Meta, it plans to create a virtual environment for connecting online social media experiences to the outside physical world.

While some well-known banks have been hesitant when it comes to cryptocurrency, many others have been engaging well with blockchain-based technologies.

Earlier this year in February, the American multinational financial and investment services bank, J.P. Morgan, entered the metaverse with the launch of a virtual lounge in Decentraland, a blockchain-based 3D virtual world. Even major sports apparel and footwear companies, including Nike and Adidas, have created virtual shops and crypto-related products, respectively, in the metaverse. Also, in December last year, the South Korean multinational electronics corporation, Samsung, launched a metaverse store.

Other major credit card companies such as Mastercard and Visa have slowly begun to accept the demand of their users for buying cryptocurrencies using fiat with their cards or else embraced the digital asset space. Mastercard first announced its plans last year in February to support cryptocurrencies, while the decentralized finance (DeFi) banking firm, Scallop, on 7th March joined a council formed by the big four credit card firms, including Discover, American Express, Mastercard, and Visa.

An Amex spokesperson said in a recent statement delivered that the company was following developments in the metaverse but had no plans to share the same during publication. For more visit: https://www.trademarkmaldives.com

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Fast Food Giant McDonald’s Files Trademark Applications in Metaverse

According to a recent report, the world’s largest fast-food restaurant chain, McDonald’s, has filed Trademark Applications for virtual restaurants in the metaverse. The American multinational fast food corporation has filed ten trademark applications with the US Patent and Trademark Office (USPTO) for the McDonald’s brand and McCafe earlier this month. The report mentions that McDonald’s, which owns more than 39,000 outlets in about 100 countries globally, has claimed that it will be able to deliver food in person and online using these trademarks.

The report states that the trademarks filed are for virtual food and beverage products. It also describes them as operating a virtual restaurant online with a home delivery feature.

As per the report, other brand offshoots like entertainment and events, which use the McDonald’s and McCafe names, have been trademarked and include online actual and virtual concerts.

Trademark lawyer Josh Gerben tweeted with the descriptions of the trademarks in question that if a person is hanging out in the metaverse and feels hungry, he doesn’t have to put down his headset; all he has to do is walk into a McDonald’s outlet and place his order, which shall arrive at his door a little while later.

According to the experts, it will now take somewhere around eight months before the USPTO approves the said trademark applications.

Gerben believes that every other widely recognized brand or business would be seen making similar trademark filings within the next twelve months. He further stated that any brand or business that wants to be the next blockbuster could never afford to ignore any new technology in the market.

The American multinational technology conglomerate Facebook, now recognized and doing business as Meta, has already opened up its metaverse world called Horizon Worlds. Even Microsoft has some plans to open up a metaverse version of its Teams app pretty soon.

The report has mentioned that smaller companies can also put their foot forward in this direction by buying their own space in ready-made metaverse platforms like Mirandus, Decentraland, and Sandbox. Many companies and firms are doing so to stake their claim that too without figuring out how to use this new technology for extracting the maximum benefits. For more visit: https://www.trademarkmaldives.com

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Amazon Files Opposition against the Trademark Registration of ‘AWS Music’

As per a filing submitted recently with the Trademark Trial and Appeal Board, the multinational technology company Amazon Technologies Inc. is initiating opposition proceedings against the Trademark Registration of ‘AWS Music.’ The filing states that with the registration of ‘AWS Music,’ the consumers are most likely to be deceived, confused, or mistaken into thinking that the goods or services provided under the AWS Music mark by the trademark applicant Aidan W. Schmall emerge from Amazon or are in some way endorsed by Amazon.

The 103 pages long opposition filed asserts that Amazon is an American multinational tech giant focusing on providing different services, including cloud computing, artificial intelligence, digital streaming, and e-commerce. For nearly two decades now, the tech giant has been providing cloud computing services from its global data centers under Amazon Web Services (also widely referred to as AWS) brand name. The opposition filed mentions that the term AWS is used alone as well as in conjunction with other trademarks. It further states that Amazon owns 50 domestic trademark registrations and has many pending Trademark Applications for its AWS mark covering a wide range of goods and services.

The filing also sheds light on the opposer’s ‘Amazon Music’ mark and the offerings associated with it, which include entertainment services, such as video recordings, music albums, music, songs, artists, albums, photographs, film clips, amongst other multimedia material in the field of music in International Class 41.

In the opposition filed, Amazon argues by saying that the applicant’s proposed AWS Music mark would interfere with Amazon’s extant AWS marks as it is proposed to sell a similar set of services to overlapping classes of consumers and purchasers. Additionally, Amazon believes that both the marks in question are way too similar in commercial impression and appearance – due to which they are very much likely to cause consumer confusion, mistake, or deception.

Finally, Amazon’s opposition highlights the concerns that the registration of the proposed AWS Music mark would diminish the unique value of its marks and enable the trademark applicant to freeride on its hard-won goodwill. Therefore, Amazon is now requesting the court to reject the said trademark application and sustain its objection. For more visit: https://www.trademarkmaldives.com

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Intellectual Property Filings Improve Globally Despite Covid-19 Pandemic

At the global level, Intellectual Property (IP) filings, including trademarks, patents, and industrial designs, rebounded last year (as per the latest data presented by the World Intellectual Property Organization (WIPO), thereby indicating the resilience of human innovation and creation despite the Covid-19 pandemic.

On the contrary, the filing activity of both patent and Trademark Applications during the Global Financial Crisis of 2008-2009 (the Great Recession) had contracted sharply.

As per the World Intellectual Property Indicators report (compiling new data from 150 national and regional authorities), the trademark filing activity rose by 13.7% globally, patents by 1.6%, and industrial designs by 2%.

India has shown a pretty decent improvement in filings related to IP, with higher applications in trademarks (over 15%) and patents (10%), specifically driven by the ones filed in the pharmaceutical sector in 2020.

In 2020, the IP Office in China recorded the highest number of trademark applications. Also, India left behind Japan to secure the 5th position in terms of trademark filing activity.

The ultimate factor influencing such strong growth in the global trademark filing activity is the robust growth in products and services related to pharmaceuticals, surgical, dental, and medical goods, and advertising and business management.

Concerning pharmaceuticals, the number of filings increased from 4.1% in 2019 to 4.6% in 2020, while those of surgical, medical, and dental goods increased from 1.5% to 2.3%. Such trends were mirrored by some nations that saw significant increases in their respective trademark filing activities. For instance, India’s near about 15.4% growth in its trademark filing activity was driven majorly by the applications filed in the pharmaceutical sXctor.

Furthermore, global patent filing activity returned to growth last year after experiencing the first dip in a decade in 2019 due to a decline in China. In 2020, the IP office in China reported 1.5 million Patent Applications, followed by the United States, Japan, the Republic of Korea, and the European Patent Office (EPO). These five offices, together, accounted for 85.1% of the patent applications filed throughout the world.

Among the top ten IP offices, only three nations, including the Republic of Korea (3.6%), India (5.9%), and China (6.9%), recorded growth in the applications filed in 2020.

The Director-General at WIPO, Daren Tang, expressed his views on the strong growth in trademark filings (in particular) in 2020. He said that the double-digit growth in the trademark filing activity shows how enterprises worldwide have brought new products and services to the market despite the massive economic shook.

It is interesting to note that IP’s center of gravity has now shifted to Asia, considering the number of applications filed from the region as per the latest data recorded by WIPO. A decade ago, half of the overall ten IP-related applications were filed in Asia, and, in 2020, this number went close to seven. For more visit: https://www.trademarkmaldives.com

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Glow & Handsome – HUL Seeks Injunction against Emami over Trademark Allegations

Hindustan Unilever Ltd’s (HUL) recent move to rename and rebrand its widely known skincare products – ‘Fair & Lovely’ to ‘Glow & Lovely’ and ‘Men’s Fair & Lovely’ to ‘Glow & Handsome’ – has now landed in the Bombay High Court.

The FMCG major, HUL, has quite recently moved for an injunction against Emami Ltd’s decision to initiate legal proceedings against it for Trademark Infringement. In its petition filed, HUL had sought that it should receive a legal notice at least seven days before Emami takes legal action. The court has now granted the interim relief to HUL.

According to HUL, Emami’s threats of legal proceedings are completely baseless as HUL applied for the trademark in question well before Emami. However, Emami has now been threatening HUL after launching ‘Glow & Handsome’ name change digitally and announcing the same one week before HUL.

In its petition filed, HUL claimed that it had applied for the Trademark Registration of the names of women’s and men’s skincare products with the Controller General of Patents, Designs, and Trademarks, two years ago in September and October, respectively. However, both the trademarks were denied on 26th July 2019.

This year, HUL again decided to rename and rebrand its skincare products for projecting a way more inclusive idea of beauty. The company reapplied for the same names on 17th June and 25th June 2020, respectively. According to HUL, the announcement for the name change was made on 2nd July 2020, and the permission to sell the products under the new name came on 3rd July 2020. In a recent statement delivered, HUL stated that Emami is yet to launch a product under these two names.

After hearing all the preliminary arguments, the court noted that HUL is indeed the prior adopter of the mark as it did file the corresponding Trademark Applications first in September 2018 and then this year on 25th June. The court believes that the statements made by Emami do amount to a threat; however, after hearing both the sides, the court shall soon determine whether they are unlawful or groundless. The court has also directed Emami to give seven days prior written notice to HUL before taking any legal action against it. For more visit: https://www.trademarkmaldives.com

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What Should You Know About A Trademark Search?

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

What is a Trademark search?

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

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

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

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

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

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

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

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

Wrapping Up

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

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