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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Happy Belly Bakes vs. Amazon – Bengaluru-Based Small Bakery Wins Trademark Battle

It’s a big win for small-time establishments as a Bengaluru-based bakery has recently won a prolonged trademark battle against the e-commerce giant Amazon. The bakery, Happy Belly Bakes, was entangled in a legal Trademark Dispute over the trademark of the name ‘Happy Belly’ with Amazon. A civil court in Bengaluru recently issued an order refraining Amazon from using the name or label ‘Happy Belly’ and removing products having a similar name or label from the e-commerce giant’s online platform in India.

Happy Belly Bakes, founded by Shisham Hinduja and Thripti, started with the duo manufacturing handcrafted chocolates on exclusive orders from a friend’s outhouse. Happy Belly Bakes, previously known as ‘Regalar,’ has held Trademark Registration for the name ‘Happy Belly’ since 2016.

In 2010, Thripti decided to follow her passion for baking. Her partner, Shisham, used her captivating marketing style to ensure that the treats baked by Thripti found their way to the appropriate ‘bellies.’ The combined extensive knowledge, creativity, and work of Thripti and Shisham allowed them to expand pretty well until the inauguration of their very first central kitchen at Richard’s Park, which was way too quickly followed by the opening of their first café.

During the holiday season of 2017, Shisham began receiving calls from customers inquiring if she had started selling her products on Amazon. It was then that Thripti and Shisham found out that Amazon also sold bakery products, snacks, and dairy products under the global private-level brand called Happy Belly. Delaware-based Tootsie LLC filed a Trademark Application for ‘Happy Belly’ in 2016 but turned out unsuccessful in registering it. Due to such activities, Happy Belly Bakes sued Amazon Seller Services, Tootsie LLC, and Cloudtail India.

This year on 30th August, more than four years later the lawsuit’s filing, the judge ruled out in favor of Happy Belly Bakes. Amazon Seller Services has been directed to remove all products misleadingly similar to Happy Belly Bakes’ trademark from its Indian online marketplace. The e-commerce giant even argued in court by saying that Happy Belly Bakes lacked reputation and goodwill, as per the ruling. However, the court took no account of this argument and stated that the contention only shows the defendants’ arrogance.

In a recent statement delivered, Thripti said it feels empowering to win the lawsuit in question specifically because it’s against Amazon. She stated that Happy Belly Bakes knew it was on the right path and had to stand up for the same. According to Thripti, Happy Belly Bakes has prospered because of its employees, constant efforts, and supportive clients. She mentioned that the crew plays a crucial role in the development and success of Happy Belly Bakes, even if the bakers are not trained; they are uneducated and know very basic English or regional language. Consequently, Thripti and her other team members require writing the recipe, demonstrating it, and guiding them well to ensure they perform all the tasks correctly.

Thripti also said that 90% of the staff at Happy Belly Bakes is now women. Earlier, Happy Belly Bakes used to employ chefs from educated backgrounds, but now it is helping uneducated women to become chefs. She further stated that Happy Belly Bakes keeps itself updated with the ongoing trends and sees what’s trending or fresh. In addition to its celebratory brownies and cakes, Happy Belly Bakes also offers a vegan collection with a variety of cakes, including apple walnut cakes, dark chocolate raspberry cakes, and many more flavors. For more visit: https://www.trademarkmaldives.com

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Usain Bolt Moves to File Trademark Application for His Signature Victory Pose

More often than not, sportspersons have their signature victory poses, which they break out after a memorable point of their career, like Gareth Bale’s heart sign that he makes with his fingers and Lionel Messi pointing both fingers towards the heavens. Perhaps in the world, one of the most recognizable poses for the victory celebration belongs to Usain Bolt. The athletics icon has recently filed a Trademark Application for a logo showing his signature victory celebration pose. The retired Jamaican sprinter submitted the trademark application in question with the US Patent and Trademark Office (USPTO) last week.

Mr. Bolt is known worldwide for his signature victory move in which he leans back and gestures to the sky. He routinely struck the pose after setting world records and winning gold medals. He still holds world records for 100m and 200m, which makes him the fastest man in history.

The logo filed by Usain Bolt for obtaining Trademark Protection depicts the silhouette of a man in a unique pose with one arm bent and pointing to the head and the other arm raised and pointing upwards. According to the Trademark Filing, Mr. Bolt intends to use the logo on sports bars and restaurants and items including shoes, jewelry, and clothes.

As per a Washington DC-based Trademark Attorney, Mr. Josh Gerben, it makes utmost sense for Mr. Bolt to expand his business empire since he has now retired from the racing world. He further mentioned that the silhouette of Mr. Bolt’s victory pose is widely recognized across the globe. He feels that the Trademark Registration in question would enable the athletics icon to offer the items listed in the trademark application himself or license the exclusive right to use the trademark to third parties.

It was at the 2017 World Championships in London when the eight-time Olympic gold medalist retired from athletics. He could only manage to win a bronze medal in his penultimate race, the men’s 100m, before pulling up injured just as he began to hit the top speed at his final event, the 4*100m relay.

When Mr. Bolt was asked if he would consider returning to racing, he said that too many people retire and come back to the game only to make it worse or to shame themselves, and he wouldn’t ever be one of those people. For more visit: https://www.trademarkmaldives.com

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Delhi HC Restrains Use of Facebake & Other Facebook Formative Trademarks

The Delhi High Court (HC) has permanently restrained the use of marks, including ‘Facecake,’ ‘Facebake,’ Facebook marks, the visual representation of Facebook, and other Facebook formative trademarks of the social media giant, in a Trademark Infringement suit filed by Meta (previously known as Facebook).

Justice Naveen Chawla has awarded nominal damages of Rs. 50,000 against the defendants and in favor of the American multinational technology conglomerate, Meta Inc. The Delhi HC has also directed the defendants to pay the amount of the trademark infringement lawsuit to the plaintiff, Meta.

Meta had moved to the Delhi HC after being aggrieved over the use of the ‘Facebake’ mark by defendant no. 1 Mr. Noufel Malol who was allegedly replicating the visual representation of Facebook by copying its look and feel, font, color scheme, and commercial impression, and was, therefore, deliberately trading off the significant goodwill established in Facebook marks.

The scenario mentioned above came into Meta’s knowledge when it saw the advertisement of the defendant’s Trademark Application in the Trade Marks Journal seeking Trademark Registration for its mark ‘Facebake.’

Meta had also initiated opposition proceedings against the said trademark application, claiming that the defendant’s use of the similar mark infringed upon its statutory and common law rights. It had further claimed that the defendant was involved in dilution, passing off, and unfair competition.

According to Meta, on service of the ad-interim order of injunction, the ‘Facebake’ mark was changed to ‘Facecake,’ which, in turn, was deceptively similar to Meta’s Facebook mark to the same extent.

The Delhi HC, in this matter, said it could never be disputed that Meta’s marks are well-known in India and that their overall reach and user base are pretty evident from the documents and info submitted by it. The Court further observed that Meta has all the trademark registrations in place in various classes of goods and the use of a similar mark undoubtedly amounts to unfair competition, which is and shall always be detrimental to the reputation and distinct character of Meta’s Facebook marks.

The Delhi HC also mentioned that though there is some distinction between Meta’s marks and those of the defendants, the visual representation of the marks adopted by the defendants depicts their mala fide intent in obtaining unfair advantage by using a mark similar to that of Meta. The Court even stated that the same results in dilution of Meta’s marks.

According to the Delhi HC, an unwary consumer might believe that the defendants, in this case, have some connection with Meta. Moreover, the mala fide intent of the defendants is pretty clear from the instance that upon knowing the ad-interim injunction passed by the Delhi HC, they changed their mark from ‘Facebake’ to ‘Facecake’ by changing only one letter but decided not to appear before the Court to defend the lawsuit in question. For more visit: https://www.trademarkmaldives.com

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Delhi HC Declines Snapdeal’s Plea in Trademark Infringement Matter

The Delhi High Court (HC) has recently declined the plea filed by Snapdeal (an Indian e-commerce company based out of New Delhi) seeking temporary relief against Domain Name Registrars (DNRs) in a Trademark Infringement issue.

Snapdeal was looking forward to getting the suspension done of all registrations granted by the registrars alleging that they infringed upon its ‘Snapdeal’ trademark.

It argued by saying that third parties having no connection with it have been registering domain names comprising the word or thread ‘Snapdeal,’ engaging in unauthorized activities like offering lucky draws through websites operating under the domain names in question and acting as customer service centers for Snapdeal’s offerings without obtaining its permission.

The Delhi HC, in this matter, said that it couldn’t stop or restrict such DNRs from issuing Trademark Registration for the ‘Snapdeal’ mark since it is, in general, not legitimate for the Court to hold in well advance that every alternative domain name comprising the term ‘Snapdeal’ would necessarily be infringing in nature.

A DNR manages the reservations of domain names while also assigning the IP addresses to the domain names in question. However, the Delhi HC stated that DNRs are also responsible for ensuring that the alternative domain names do not infringe upon any already existing Registered Trademarks. Furthermore, it mentioned that in the scenario where DNRs offer brokerage services for deceptively identical names, they would be held liable for trademark infringement. The Court even asked the DNRs to suspend any algorithm that works in the manner to create a possibility of making infringing alternative domain names available. It concluded by mentioning that DNRs cannot claim safe harbor protection in such matters.

In a recent statement delivered, a Snapdeal spokesperson said the company is pleased to see how the Delhi HC held that it is the responsibility of the DNRs to ensure that the alternative domain names offered by them do not infringe upon any already existing registered trademarks.

In its petition filed before the Delhi HC, Snapdeal had sought an injunction against the DNRs from offering any domain name containing its ‘Snapdeal’ trademark. While declining an interim relief, a single judge bench of Justice C. Hari Shankar said the Court couldn’t pass an order operating in the future, i.e., restricting the DNRs from offering the registration of any domain name, including the thread or word ‘Snapdeal,’ as the same would be attributing the Court clairvoyance that it does not possess. The Court further mentioned that Snapdeal would, therefore, be required to file a petition every time there is a domain name that it finds to be infringing. In its judgment, the Court agreed that it would undoubtedly be a long and cumbersome exercise, which can’t be helped as there is no shortcut to justice. For more visit: https://www.trademarkmaldives.com

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Twitter Restrains Singapore-Based Tech Firm from Using Bird Logo as Trademark

A local Singapore-based tech firm, V V Technology, has recently been restrained by the American social networking and microblogging platform, Twitter, from using a bird logo as its trademark following a dispute with the social media giant over the trademark’s registration. The start-up had plans of displaying the bird logo in a mobile app on which it has been working since December 2018. The objective of the mobile app is to serve as a platform hosting an extensive range of services and products catering well to the users’ personal and lifestyle requirements, such as food delivery and online shopping. The app is yet to be launched.

On its official website, V V Technology has mentioned that it uses the latest technology, including blockchain and AI, to reinvent the workspace and is dedicated to creating a smart and comprehensive enterprise and work management suite. An online check conducted by a Singaporean newspaper showed that the firm worked with the students of the Singapore Management University on projects focusing on online business solutions in 2019. Furthermore, the firm obtained a travel agent license from the Singapore Tourism Board two years ago for being able to provide travel-related services and products on its mobile app.

On 10th September 2018, V V Technology filed a Trademark Application to register a logo of a bird in flight. Twitter opposed the Trademark Registration by arguing that the logo was way too similar to its bird mark, which is an already existing Registered Trademark, among other things.

The American social media giant eventually defeated V V Technology in the case, with Mr. Mark Lim, the principal assistant registrar of trademarks, giving a judgment in its favor.

In his ruling dated 11th March 2022, Mr. Lim found that the two marks in question, although to a low extent, are visually similar. Among several other aspects, both logos portray a bird in the side profile and don’t show any features, such as the eyes. He also stated that the two logos are conceptually identical as they represent the notion of ‘bird in flight.’

In evaluating whether the consumers would get confused by the two logos in question, Mr. Lim said that the reputation and brand image of Twitter’s logo would reduce the possibility of confusion. However, he also found that the consumers may still get confused as they may perceive an economic link between the two logos. They may either believe that V V Technology’s logo is a new version of Twitter’s icon or that it is a modified logo that Twitter is using for its new set of digital services concerning its current business. He didn’t agree with V V Technology’s argument, which said that people who use mobile apps are digital natives. The tech firm had claimed that mobile app users were unlikely to get easily confused or deceived by the two logos. In his grounds of decision, Mr. Lim said that while some people may be more tech-savvy than others, a substantial proportion isn’t. He agreed with Twitter when it said that some services offered by both companies, including the ones related to the provision of info, are likely to be offered at low costs or for free. He added that an average customer is likely to pay a low or below-average degree of attention while procuring such services and is, therefore, more likely to get confused between the two logos.

When it comes to V V Technology’s mobile app, Mr. Lim said that there is no compelling reason concerning why an individual would pay due attention before installing a mobile app that is free of cost. He further stated that even if the wrong mobile app is installed, it is pretty simple to delete it and install the correct one. For more visit: https://www.trademarkmaldives.com

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Red Bull Steps Into NFTs & the Metaverse With Trademark Application Filing

The metaverse, generally defined as a network of 3D virtual worlds focused on social connection, has captured the attention and interest of many household brands across the globe in the past few weeks and months.

The latest company making a big transition into the metaverse is the Austrian energy drinks brand, Red Bull. The company filed a Trademark Application on 3rd March 2022, indicating its plans to enter the virtual reality world, metaverse, and offer branded Non-Fungible Tokens (NFTs). The trademark application filed by Red Bull with the US Patent and Trademark Office (USPTO) is under the Trademark Registration number 97293326.

Michael Kondoudis, a licensed metaverse trademark attorney, recently took this news to Twitter by revealing that Red Bull has plans to offer multimedia with NFTs (including both virtual and cryptocurrencies), drinks, clothing, sports gear, and financial exchange services, among many other products in the virtual environment.

The trademark filing suggests a possible Red Bull zone in the metaverse, where fans could conveniently buy clothing, drinks, and equipment and engage well in widely recognized Red Bull-sponsored adrenaline-sports activities.

Fans entering the metaverse could also have access to Red Bull crypto for purchasing products and availing of services. As already seen elsewhere, NFT holders may be able to redeem NFTs for attending concerts and sports events virtually along with real-life events.

When it comes to sports, Red Bull is a major sponsor in conventional sports games, including Basketball, Soccer, F1, and NASCAR. Although conventional sports have risen in popularity, Red Bull has been synonymous with extreme sports as well ever since its inception, including cliff diving, BMX & skateboarding, mountain biking, and freestyle skiing, which form an integral part of Red Bull’s Extreme Sports annual calendar.

The metaverse could enable sports fans and admirers to engage well with athletes and be present at events. It could also allow them to stay virtually active at Red Bull’s more extreme sports events alongside cliff divers and freestyle skiers.

It is worth mentioning that businesses, firms, and celebrities have been growing their presence in the metaverse for quite some time now, with Red Bull being the latest example of following this quickly growing trend.

Increased levels of investment in the metaverse and NFTs imply that individuals no longer need to be present in person at events. Art, fashion, film, music, sports, and many other industries have taken a step closer to entering this virtual world.

Fast-food restaurant chain McDonald’s, the American lingerie, clothing, and beauty retailer Victoria’s Secret, energy drink manufacturer Monster Energy, and the American multinational retail corporation Walmart have all entered the metaverse. The New York Stock Exchange (NYSE) also couldn’t withstand the attraction of the metaverse.

The number of NFT-based trademark applications filed in the United States climbed 421 times in 2021, which accounts for a significant gain when compared to just 03 in 2020. All in all, we can say that the opportunities in the metaverse are endless. 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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Buick Files Trademark Application for ‘Electra’ in Canada & The US

Buick, a division of the American automobile manufacturer General Motors (GM), has recently filed a Trademark Application for ‘Electra’ with the Canadian Intellectual Property Office and the US Patent and Trademark Office (USPTO), dated 20th December 2021. Electra is a name familiar under the Buick brand label. The application for the same is filed under the “Motor Land Vehicles, Namely, Automobiles.”

It was at Auto Shanghai (officially called the Shanghai International Automobile Industry Exhibition) last year when the automaker disclosed the concept of the Electra electric crossover. It was intended to display Buick’s brand new, minimalistic language and design, along with its electrified underpinnings. With the filing of this trademark application, there are a lot of many speculations and expectations for the American carmaker bringing over the concept into the United States, perhaps possibly in production form.

It is imperative to note in this case that Buick already filed a trademark application for ‘Electra’ back in 2012. The company held the trademark application till 2014 till the USPTO invalidated the same as neither the ‘Statement of Use’ nor the request for the ‘Extension’ was filed timely after the Notice of Allowance was issued. So, with this new trademark application, it seems as if Buick is moving ahead with the name of its upcoming electric vehicle.

The Buick Electra concept revealed in China blends the looks of a sleek GT car with a four-seat crossover. The concept’s prime highlights and features include 23-inch wheels, illuminated Buick badge, thin-slit headlights, and butterfly doors; however, as per the rumors, not all these elements would reach the production stage, if at all.

The Buick Electra AWD (All-Wheel Drive) came with 02 electric motors putting out 583 horsepower (428.796 kilowatts). It is powered and supported by Ultium batteries that enable up to 372 miles, i.e., 598.676 kilometers of range.

Electra will be sharing its platform with the Cadillac Lyriq (battery-electric crossover). It uses only a single electric motor on the rear axle to produce a power of 254 kW (340 hp) and a torque of 325 lb-ft (440 Nm). With a single charge of its 100 kWh battery, it can reach over 300 miles (482.803 km). The Lyriq Performance AWD is anticipated to offer better numbers, which could be pretty close to what the Electra has promised in its concept form. For more visit: https://www.trademarkmaldives.com

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Samsung Files Patent for Hybrid Smartphone Design Capable of Folding & Sliding

As per various recent reports, the South Korean multinational corporation – Samsung is presently working on a hybrid smartphone design that can both roll and fold. The tech giant has filed a Patent Application for the same with the World Intellectual Property Organization (WIPO), and it dates back to this year in June. The new hybrid smartphone design comprises both folding and rolling mechanisms. Samsung is already manufacturing foldable smartphones like Galaxy Z Flip3 and Fold3, both of which are readily available in the market. However, the corporation has not yet come up with a rollable smartphone.

Although many other companies and tech giants, in particular, have filed patent applications for rollable and foldable smartphones, Samsung is the first to file a patent application for a smartphone that is both rollable and foldable at the same time. As per the pictures that were spotted in the publication, the patent application depicts a smartphone with a rollable screen. What seems like is the smartphone is designed to roll out first and then fold in half.

According to what’s specified in the patent application, the design of this hybrid smartphone is defined as an electronic device that could conveniently carry out folding and sliding operations. The display screen can conveniently be slid to increase the size and folded at an angle. For making such a design functional, the smartphone shall consist of a hinge, used for folding, and a motor, used for sliding. These two mechanisms already exist individually in other smartphones available in the market. Along with this new patent, the tech giant is rumored to come up with its Flip4 and Fold4 devices during the third quarter of next year.

Currently, Samsung is one of the few companies that hold expertise in manufacturing fully-functional, real-life foldable smartphones. The Samsung Galaxy Z Flip3 and Fold3 are considered the best-selling foldable smartphones across the globe. For manufacturing a smartphone with folding capabilities, the tech giant had to experiment a lot with different display materials and types. It did struggle to a great extent initially as its Galaxy Fold didn’t have a stable design, but now the company has improved immensely in this aspect.

Also, Samsung might be looking forward to incorporating curved screen technology into its smartwatches. The tech giant filed a new patent application this year on 2nd June with WIPO, covering the design of a smartwatch with a camera and rollable display. The application consists of 96 pages full of information and design plans for a rollable smartwatch. For more visit: https://www.trademarkmaldives.com

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