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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An Overview of Intellectual Property Protection in Maldives

In the past few years, Maldives has seen good economic growth in many areas, including tourism, trade, fisheries, construction, etc. It shows that the market possesses sufficient talent and will require the government to promulgate a law or some provisions to safeguard the interests of the people as well as the nation at large. It is believed that this will contribute to the economic growth of the country by promoting international trade and commerce. Once the expected legislation has been put in practice, the local talent can look for and enjoy the protection for their rights in products and services they are marketing or want to market. They will be able to ensure that no counterfeit goods are being sold in the market, along with to make a distinction amid products and services available in the market. There would also be increased employment opportunities. In any field, hence, Intellectual Property Rights (IPRs) need to be protected not only for profiting local talents but also to benefit others like consumers. It is, therefore, essential that an Intellectual Property Law should be enacted in regards to the same. However, Maldives has no law that has been enacted in terms of IPRs. To circumvent this, a concept of sufficient Trademark Protection has been provided by way of obtaining public recognition through cautionary notices.

Some Vital Laws, Acts, and Rights Used in Maldives

In Maldives, any legal dispute is settled under Common law. An IP Unit, which was established by the Ministry of Economic Development in 2007, has been working to educate the masses about several aspects of IPRs. The Copyright and Related Rights Act was passed in October 2010 but became operative in April 2011. Apart from the cautionary notices, the Ministry strives for enacting legislation on Geographical Indication Law, Industrial Property Right, and Trademark Law of Maldives. The nation also benefits from the World Trade Organization that provides legal protection under the Trade-Related Aspects of Intellectual Property Rights, i.e., the TRIPS agreement.

IP Protection in Maldives

Considering the remarkable rise in applications for Copyright Registration of eligible works, it is worthy to say that there has been a high demand for Copyright Protection in Maldives. The industrial property rights, which aim to secure inventions that do not cover patentability, are also vital. Trademarks and Servicemarks also play a crucial role in regards to IP Protection in Maldives.

The protection of Intellectual Property in Maldives, in general, is sought by the publication of cautionary notices in journals or newspapers.  These notices act as a warning to third parties against the use of marks that can lead to infringement. The notice does not just suggest whether it is related to a trademark, patent, or copyright, but also provide details of the proprietor. Such notices can be published for individual classes or multiple classes, and the time set for acquiring protection under this notice is around 3 to 4 weeks. Although the publication fee can vary depending on the length of the notice, the NICE classification of goods and services would apply to all.

Conclusion

Maldives, due to its economy and population, appears as a small market. However, its trade sector is undoubtedly well regulated, but the legislation on IPR should be enacted to facilitate free and fair trade of goods and services in the market. Besides, Maldives should also become a member of some relevant International treaties such as Madrid Agreement and Protocol for Registration of International Trademarks, Berne Convention for protection of literary and artistic works, etc. The nation can also be a member of the Hague Agreement for International Registration for Industrial Designs and the Lisbon Agreement for the protection of appellations of origin. With the significant role of Foreign Direct Investment in Maldives in addition to several countries possessing a direct entry into the market, the nation’s economy has been observing a substantial growth. It has further created noticeable employment opportunities. Hence, we can conclude that to aid economic growth and competitiveness in the market, IP Rights and Laws need to be in place, no matter whether it is Maldives or any other nation. For more visit: https://www.trademarkmaldives.com

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Cypriot Cheese Producers Re-secure Trademark Protection for ‘Halloumi’

Cypriot farmers have recently won back the exclusive right to sell their cheese products as ‘Halloumi’ in the UK after re-securing the trademark it lost in 2018.

Participating on the part of these farmers, the Cypriot ministry first obtained Trademark Protection for ‘Halloumi’ from the UK Intellectual Property Office in 1990. However, in association with a legal challenge brought by the UK-based cheese producers, the trademark had been revoked in the year 2018. The verdict was a result of an administrative error as the Cypriot ministry failed to respond to the legal requests within the asked time frame. Nevertheless, now the ministry has secured the protection again.

According to a Patent and Trademark Attorney, this significant win for the Cypriot farmers means that they have regained an exclusive right to use the mark ‘Halloumi’ while selling their cheese product in the UK. Because of the growing market for this product in the UK, this is expected to prove profitable for them. However, the farmers are unlikely to limit themselves there. They have already filed a Trademark Application for achieving ‘protected food name’ status to the European Commission, and if successful, their application would bring permanent protection. But as it’s likely to take some time, trademark protection in the UK will be beneficial to them in the meantime.

The attorney said that the food and drink producers in the UK might not be aware that they are allowed to apply for ‘protected food name’ status to secure protection for products with unique characteristics that can be linked to a specific geographical location or specified product. The attorney continued that this Trademark Registration certification would affect those who are producing cheese products. It is so because they could not label the product as ‘Halloumi’ unless it meets the certification mark requirements. Hence, restaurants should take care of not to define something as ‘Halloumi’ wrongly.

The attorney further added that if there’s no food name protection in place, and the misuse isn’t spotted as soon as possible, the use of the name or product could become generic. As a consequence, it would lose its eligibility for protected status. For example – ‘Cheddar’ is a name that has now become generic, and thus, no longer capable of obtaining such protection.

The Protected Food Name scheme, which was established by the UK government in 1993, is helpful for producers who want to use a geographical place name as part of their product’s brand identity for preventing others from marketing their items under the same name.

Since a large number of products have achieved the ‘protected food name’ status, there is no reason why Halloumi producers should not look for the same. Still, the application by these producers has been affected by many delays. Nonetheless, now it has gained the approval, meaning that the producers have re-secured ‘Halloumi’ trademark protection in the UK. ✅ For more visit: https://www.trademarkmaldives.com

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8 Significant Trademark Terms You Must Know

In the present era of rapid advancements and cut-throat competition, the importance of Intellectual Property (IP) is exponentially increasing. Besides significance, thefts and unauthorized uses of IPs are also multiplying, thus making the owners think about the protection of their valuable IP. Amongst the several ways in which one can safeguard his/ her IP assets, trademark registration appears to be the easiest one when it comes to the protection of the businesses’ unique brand names, logos, or slogans. Apart from preventing the use of one’s hard work without his/ her permission, the trademark serves him/ her business with remarkable goodwill and reputation. And this is what makes it the foremost choice of many entrepreneurs and companies worldwide.

Trademark is assuredly emerging as one of the excellent kind of IP and interests more and more businesses, you still need to comprehend some frequently used terms while planning obtaining protection for your mark. In this article, we will explain a few important trademark terms in simple and understandable language.

  1. Trademark

 It can be anything like a sign, symbol, name, sound, or word that distinguishes its proprietor’s products or services from that of others.

  1. Class

A trademark class represents a distinct group of goods and services. As per the NICE Classification, which is an international classification system followed by most registries, the class of goods and services to which the trademark pertains must be specified in the application. There are many trademark classes, and each class holds various goods or services, which are not always obvious from the class name. Under NICE Classification, goods and services are divided into 45 classes, out of which 1-34 define goods while 34-45 include services.

  1. Priority Claim

Priority claim refers to a right given by the majority of countries worldwide to the applicant of a trademark that has been filed for the very first time. Under this, the applicant applying for registration of a mark for the first time is granted the right to claim priority while filing applications to register the same mark in other countries within six months from the date of the first filing. If priority is claimed, the second application would be considered as having been filed on the same date of the first filing. As a consequence, the applicant will enjoy prior rights against applications filed by other parties from the date of filing in the first nation.

  1. Infringement

Trademark Infringement is an issue, which occurs when a mark that’s identical or confusingly similar to another company’s trademark is used without the owner’s permission.

  1. Trademark Journal

 It is where the mark is published if the application hasn’t been refused by the duty officer during the trademark registration process. In this way, the Trademark Law provides the public with a legal opportunity to file an opposition against the registration of the associated mark. Note that the opposition should be filed within a limited period before Trademark Protection is granted.

  1. License

It is an agreement amid a trademark owner (licensor) and another party (licensee), where the licensor allows the licensee to make specific and limited use of his/ her trademark. These licenses are often subject to royalty payments.  

  1. Symbols ® and ™

The symbols ® and ™ represent that the term on which these are put is someone’s trademark. ® means that the trademark is registered with the associated registry, and this symbol cannot be used before the Trademark Registration Process is completed. However, ™ can be used if the company is using its mark as a trademark even though it hasn’t yet applied for their mark.

  1. Distinctiveness and descriptiveness

As the prime purpose of a trademark is to identify its origin, it must be distinctive to the consumers to be accepted by the registry. In general, arbitrary trademarks like Blackberry and fanciful trademarks like Nike are considered as the most distinctive ones. Along with being distinctive, your trademark should be descriptive, i.e., it describes some characteristics like the quality, quantity, value, origin, or intended purpose of the goods or services. Descriptive trademarks cannot be secured as a trademark unless their extensive usage enables them to have acquired distinctiveness.

The above information will hopefully prove beneficial for you, no matter whether you want to register your trademark or provide your Registered Trademark as a license to any third party. In other words, the data will help you in protecting as well as monetizing your trademark. For more visit: https://www.trademarkmaldives.com

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All About the Trademark Registration in Maldives

A trademark is a type of Intellectual Property (IP), which includes a logo, brand name, or sign that can distinguish your products and services from those of others. Hence, Trademark Registration in Maldives or at any place is one of the best and legal ways to restrict others from using your unique mark. For instance, the logo of NIKE and its tagline JUST DO IT are registered trademarks, and therefore, cannot be used by any unauthorized user. In other words, no one can use this logo or tagline without the consent of the original owner.

A Registered Trademark can benefit the owner in several ways. For example, it reduces the chances of theft and misuse of original assets, creates the brand reputation and goodwill among the targeted customers, etc. So, we can say that trademarking your logo, sign, or name is an excellent means to enjoy remarkable advantages like:

  • Robust Trademark Registration Protection that keeps your assets secured against infringement
  • Better sales of your products and services by creating goodwill among consumers.

In view of the above merits, it is always recommended (even by the experienced IP Attorneys) to go for trademark registration as soon as you could. Nonetheless, trademark laws are country-specific, i.e., different nations have different laws. For instance, the Trademark Law of Maldives may not possesses the same rules as Trademark Law in India does. Hence, before proceeding to register a trademark, it is better to comprehend the law according to the country where you want to do so. Here, in this article, we will discuss the trademark registration in Maldives.

Indeed, there is no specific legislation that governs the Trademark Registration Process in Maldives. Here, the question arises – if there’s no specific law governing registered trademarks in Maldives, then how do people secure their trademark rights. And the answer is – the protection of trademarks in this country is obtained by the publication of the Cautionary notice in the newspaper in English or local language.

Trademark Registration Proceedings

As discussed above, the Trademark Protection in Maldives is acquired by publishing a cautionary notice in the leading newspaper. This notice can be published for multiple classes or a single class. The application can undoubtedly include products and services in any number of classes, but for each additional class, the applicant needs to pay additional charges. Power of Attorney isn’t required. The entire procedure to acquire trademark protection by using Cautionary Notice in Maldives may take around 2 to 4 weeks.

Although this procedure to obtain trademark protection doesn’t include filing, advertisement, and examination, the following information regarding the mark needs to be involved in the cautionary notice:

  • Name, status, address, and nationality of the proprietor
  • If the mark is a logo, then JPEG image of the same
  • Classes and specifications of relevant products & services.

Note that there is no limitation to the size of the cautionary notice.

Trademark Registration Duration and Renewal

Due to the lack of trademark law, the protection of trademarks in Maldives is obtained and used under common law, i.e., cautionary notice. Accordingly, there is no rule for the duration and renewal of trademarks. Nonetheless, the re-publication of the cautionary notice is recommended every two to three years.

Publishing a cautionary notice as per common law in Maldives is a way to make the public aware of the original owner’s ownership on the mark. Thus, the same can assuredly be brought to the Court in the case of Trademark Infringement. Hence, if you desire to enjoy the benefits of doing business in Maldives without any fear, cautionary notice is the safest and fruitful way. Be confident and go for this easy-to-get-protected option now. Nevertheless, if you face any difficulty or have any doubt, feel free to reach an experienced Trademark Attorney or Intellectual Property Law Firm in Maldives. These are the professional helping hands that will serve you with the best possible aid. Because of being familiar with almost everything to be used or avoid for ensuring robust trademark protection, they will keep you away from issues like the rejection of your request, infringement upon or violation of your mark, and many more. 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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