ADVANTAGES OF TRADEMARK REGISTRATION IN INDIA

If you own something in the present highly competitive business environment, you must have a legal license to own it. 

UNDERSTANDING THE TERM TRADEMARK AND ITS REGISTRATION

What is popularly and widely known as “Brand Name” is what we refer to as a “Trademark” in the legal terms. A trademark refers to any symbol, word, logo, shape, number, letter, phrase, or combination of alphanumeric digits, which defines your service or product. Read More

ADVANTAGES OF TRADEMARK REGISTRATION IN INDIA

1- EXCLUSIVE TRADEMARK RIGHTS

2- BUILDS CUSTOMER LOYALTY AND GOODWILL

3- PROTECTION AGAINST TRADEMARK INFRINGEMENT

4- CREATION OF A VALUABLE ASSET

5- DIFFERENTIATES YOUR PRODUCT OR SERVICE

6- TRADEMARK PROTECTION FOR 10 YEARS AT MINIMAL COST

7- USE OF ® SYMBOL

8- BASIS FOR GLOBAL TRADEMARK REGISTRATION

Importance of Trademark Registration in India

In the present highly competitive economy, it is imperative for business firms, organizations, conglomerates, and startups to know and understand the importance of Trademark Registration for flourishing their businesses. A trademark is an exclusive form of Intellectual Property (IP) that makes a distinction between the products or services of a specific manufacturer, business owner, or trade person from those of the others. The primary goal of a trademark is to safeguard the interests of not only the owners or traders but also the consumers. A trademark helps in marketing and promoting the products and services and provides information about their quality. It also enables an enterprise or organization to acquire the Trademark Rights to utilize, sell, or distribute a registered mark. With trademark registration, you can enjoy all such benefits and make your potential customers identify your brand with the Registered Trademark of its name or logo.

In India, The Trademark Act of 1999 presents a legal basis for governing and dealing with the mechanism of trademark registration and Trademark Protection. Trademark registration is classified into several different categories based on the nature of the business and activities they manage or operate. There are 45 different classes corresponding to various types of products and services. The process of trademark registration is governed by the Controller General of Patents, Designs, and Trademarks along with the Ministry of Commerce and Industry and the Government of India. They keep track of every registered trademark and maintain a registry for every type of product and service. The trademark registration term is ten years in India, which is renewable every ten years.

Significant Aspects of Trademark Registration in India

1. With trademark registration, a label, brand, or business can manage to gain an extreme amount of exclusivity. Also, the customers and target audience shall uniquely identify your products and services and differentiate them from those offered by your competitors in the market.
2. When a trademark exists for a brand or business, the value of its products and services - increases exceptionally and automatically. Additionally, it becomes comparatively easier to advertise, promote, or market a brand with its corresponding registered trademark. Last but not least, as the most profitable aspect, a trademark holds immense potential for enhancing the product's overall market value.
3. For having a competitive edge and advantage over your potential rivals, it is essential to go ahead with getting your trademark registered. As a crucial business element, a trademark adds to the value of the brand and increases brand awareness.
4. It is integral for a company or organization to protect the brand's entity or name by getting the trademark registered and displaying ownership of trademark rights. With trademark registration, the owner shall own the exclusive rights to utilize, sell, distribute, license, or alter that product in any manner.
5. On being successfully registered, trademark protection can last up to a lifetime, with the renewal term being once in every ten years.
6. When it comes to communication, a trademark is indeed the best tool as it gives unique and relevant information about a company's products and services, and portrays a positive reputation.
7. A registered trademark offers ease to online users by helping them in distinguishing between a large number of products and services and finding the most relevant one for themselves. Many search engines, like Google, and social media platforms like Facebook and Instagram, are capable of identifying the trademarked products quickly within a few clicks. Consequently, there is a higher degree of brand reputation for a business on the Internet as well.
8. The owner of the registered trademark is entitled to initiate legal proceedings, file a lawsuit against the violators, and even demand monetary damages or compensation if under any circumstances his trademark rights are infringed.
   
   Ref- https://www.kashishworld.com/blog/importance-of-trademark-registration-in-india/

Protecting Ideas and Innovations Using Three Types of Intellectual Property (IP)

For protecting an idea so that someone else can't steal it, it is essential to secure one or more of the different forms of Intellectual Property (IP). Quite often, every invention begins as its owner's trade secret. Hence, there is a need to go ahead with Trademark Registration, Patent Protection, or Copyright Registration and have Intellectual Property Protection in hand before marketing the innovations or inventions. Most of the people around the world are not aware of the fact or haven't yet fully realized that they can protect their innovations using various forms of IP. Let us consider an example to have a better understanding of this concept. The brand 'Coca-Cola' is a trademark; its recipe is a trade secret; Copyright Protection is there on its packaging art, and its bottle or Can are protected by both a design patent and trademark in the form of trade dress. In the same manner, your unique product or invention can also seek protection by more than one type of IP. It is imperative to parse out which aspects of your innovation are suitable for Trademark Protection, patent protection, and copyright protection, respectively.

TRADEMARK

Safeguarding a brand's name deserves the utmost importance as one would never want to invest time and money at a later stage after finding out that someone else is already using his or her registered mark. A trademark is a name, symbol, or sign associated with a product or service and is known to protect a brand. To be specific, a trademark is anything that helps the customers in identifying a product or its source. Moreover, other things like color, sound, or smell can serve as a trademark too. The most common types of trademark include logos, watermarks, and slogans. If you are planning to go ahead with trademark registration, start by protecting the wordmark first and then seek trademark protection for the other aspects of your product as a part of your overall marketing and business strategy.  Besides, it is highly advisable to conduct a thorough search before filing a Trademark Application and ensure that nobody else is using a similar mark.

COPYRIGHT

Almost every product can seek copyright protection for at least one of its aspects. For instance - the images or words on the product's packaging, its label, and the product itself; can all be protected with a copyright. A few advantages of copyright registration include that the process is inexpensive, and the copyright is comparatively easier to secure. Copyright protection extends to the original and creative works of authorship that are fixed in a tangible medium of expression. It implies that creative or innovative works have been either written or drawn on paper, saved on an electronic storage device, or preserved in some other tangible format.
A few examples of copyrightable works include videos, articles, movies, books, software, and photos. Copyright protection doesn't extend to ideas or useful items, which fall under patent protection. It is a matter of fact that yes - software is a functional item, yet it can get copyright protection due to the creativity involved in the entire process of selecting, ordering, and arranging multiple pieces of code in the software.

PATENT

A patent offers an owner or inventor the exclusive rights to his or her invention and excludes others from using, selling, manufacturing, distributing, or licensing the product until the term of patent protection. Generally, a patent is defined using three attributes, namely, newness, non-obviousness, and usefulness. Patent protection helps in establishing a healthy market position as your new idea or invention can prove to a great differentiator among your business competitors. Also, you can commercialize the concept to earn higher returns on your investment. An interesting thing about receiving a patent is that even if you don't have enough time to exploit your invention, you can still license or sell it for generating a new income stream. Without patent protection, the world economy shall become a place of less creativity, innovation, and discovery.

Ref- https://www.kashishworld.com/blog/protecting-ideas-and-innovations-using-three-types-of-intellectual-property-ip/

Go Ahead with Trademark Registration

In the present highly competitive business market, creating and coming up with a distinctive idea or concept for a restaurant has become extremely challenging. For any discerning restaurateur, protecting his or her unique and innovative ideas should be the topmost priority. Therefore, it is essential to understand and have thorough knowledge about the Intellectual Property Rights (IPRs) and how they attach to the different elements of a restaurant’s brand. Having an awareness of the IP Rights shall not only help significantly in safeguarding the restaurant’s brand from the competitors but also maximize its value in general. So, let’s find out a few proactive tips for protecting a restaurant’s Intellectual Property (IP).

Go Ahead with Trademark Registration

For some IP Rights, it is essential to follow the registration procedure to get them registered and obtain maximum protection, for example – Trademark Registration. A trademark refers to a sign or symbol used by a business owner, trader, or entrepreneur to distinguish his or her unique services or products from those offered by the others. The trademark registration gives an individual the exclusive rights to prevent unauthorized third parties from using the registered mark corresponding to the products and services covered or specified in the Trademark Application. In the restaurant business, a trademark can exist in a variety of forms, including the restaurant’s name or logo. Furthermore, a trademark can also exist for a unique dish name, for example, the Big Mac burger at McDonald’s.


Read More: How to Protect Your Restaurant’s Intellectual Property (IP)

Adidas Wins Japanese Trademark Dispute over 'adidog'

The German sportswear giant, Adidas, has always maintained its reputation of being particularly litigious when it comes to protecting its well-known three-stripe trademark and shall never welcome brands with similar names as well. Adidas doesn't sell items for pets with its name on them and doesn't want any other brand to do so either. Earlier this year, Adidas had initiated a trademark dispute before the Japan Patent Office (JPO) by asking the national Intellectual Property (IP) body to reject and cancel the pending Trademark Application filed for use on clothing for dogs for the word 'adidog.' In its filing for Trademark Opposition in January, Adidas referred to Article 4(1)(xv) of the Japan Trademark Law, which prohibits Trademark Registration of a mark that is likely to create confusion in the minds of the customers as to the source of items bearing the mark. Adidas claimed that the high degree of similarity between the 'adidog' mark and its widely known trademark-protected name would make the customers believe that it has endorsed the use of 'adidog,' which isn't the case at all. It also asserted that such kind of customer confusion would be supported due to an immense level of consumer awareness corresponding to Adidas brand name across the globe and the exclusive use of its trademark-protected name in Japan for near about 50 years as of now. Furthermore, Adidas also pointed out the proximity of goods in question and their close relatedness.

The JPO's Opposition Board agreed with Adidas and dismissed the 'adidog' trademark application by saying that Adidas indeed has a remarkable degree of reputation in Japan since 1971, and the 'adidog' mark is similar to 'Adidas' in both the aspects of sound and appearance. It further stated that the products using the 'adidog' mark are not marked differently from the products sold by Adidas. At last, the Opposition Board said as nowadays the distributors of sportswear, shoes, and other related accessories are also dealing with clothing for pets, both types of goods can be closely related.

Adidas' trademark win comes after it initiated a separate legal proceeding against adidog last year when a Japanese company was looking forward to registering a trademark consisting of three diagonal parallel dog bones. Adidas had prevailed in that matter similarly, and on the same grounds as well, including its widely-recognized three-stripe trademark, visual resemblance, well-maintained and famous trademarks in Japan, and modern sportswear, shoes, and accessories distributors dealing in pet clothing and accessories.

Ref- https://www.kashishworld.com/blog/adidas-wins-japanese-trademark-dispute-over-adidog/

US Supreme Court to Review Booking.com Case in Trademark Test

The US Supreme Court has recently agreed to hear the arguments over the trademark case involving an online hotel reservation service, Booking.com, and decide whether it is entitled to Trademark Protection for its name or not. Based out of Amsterdam, Booking.com began using its name globally in 2006 and filed various Trademark Applications between 2011 and 2012. The trademark dispute over the site's name began in 2016 when the US Patent and Trademark Office (USPTO) had rejected Booking.com's request to trademark its name. The USPTO said that the name Booking.com was way too generic for obtaining trademark protection.

Booking.com challenged the USPTO's decision in court, and the company prevailed in 2017 when Leonie Brinkema, the US District Court Judge in Alexandria, Virginia, said in a ruling that although the word 'Booking' is generic, adding the top-level domain '.com' qualifies it for Trademark Registration.

However, the USPTO had then appealed to the Richmond, Virginia-based 4th Circuit Court of Appeals, which also ruled in favor of Booking.com by stating a few slightly different reasons. The appellate judges said that the name Booking.com as a whole is understood by the public to refer to a particular business, and the USPTO had failed to prove that customers believe Booking.com, in general, refers to online hotel reservation services.
The USPTO then asked the US Supreme Court to review the 4th Circuit Court of Appeals' ruling and accordingly make a decision. While appealing to the Supreme Court, the USPTO said that the addition of '.com' to a generic word does not make it distinctive. On the other hand, Booking.com has asked the Supreme Court to uphold the 4th Circuit Court of Appeals' ruling and referred to itself as one of the best-known accommodation and travel services in the US.

The Circuit Court of Appeals in 2009 had ruled that the names 'Mattress.com' and 'Hotels.com' weren't entitled to trademark protection. Booking.com countered that by saying customers know the term Booking.com as a company name. It even went forward and specifically took reference from a survey, which indicated that approximately 75% of the customers recognize Booking.com as a brand and not as a generic service.

Ref- https://www.kashishworld.com/blog/us-supreme-court-to-review-booking-com-case-in-trademark-test/

SPJ Florida Pro Chapter Attempts to Trademark Trump's 'Fake News' Mantra

The Florida Pro Chapter of the Society of Professional Journalists (SPJ) has filed a Trademark Application for the term 'fake news' with the US Patent and Trademark Office (USPTO). The journalists want to take the trademark ownership of 'fake news' as President Donald Trump frequently uses the term to criticize the information he doesn't like and discredit the stories.

Emily Bloch, Florida Times-Union reporter, published an essay on 21st October 2019 in Teen Vogue (a former US print magazine and current online publication) announcing that members of her local SPJ have a pending trademark application with the USPTO. She also stated that President Trump's hefty use of the term 'fake news' threatens the livelihood of healthy discourse within a democracy.

Although the journalists group has realized that their trademark application shall probably not get approved on two words that have been a part of the media lexicon for quite a while now, the application process indeed gives them a reason to send cease and desist letters to anyone who takes liberties with the definition of the term 'fake news.' Moreover, they have already sent a cease and desist order to the commander-in-chief, whom they believe uses the term on an average of more than once per day.

The cease and desist letter to Trump reads in part, "Referring to factual stories that are critical of your administration as FAKE NEWS (TM pending) is indeed Trademark Infringement." The letter also mentioned that Trump's misuse of the term ‘fake news’ has created confusion in the minds of American people and has shaken their trust in journalism, which is undoubtedly vital to their democracy. Besides, the letter allegedly stated that if Trump fails to comply with their request, they may pursue legal action. At last, The Florida Pro Chapter of the Society of Professional Journalists explained to the president that the letter, which he or his staff was receiving shouldn't be taken too seriously, as it was just a satire that is way too different than what he refers to as 'fake news.'

According to Emily Bloch, she has been harassed, ridiculed, and threatened ever since she became a journalist in the year 2016. She blames President Trump's incendiary rhetoric for fueling antipathy toward reporters and journalists.

The Florida Pro Chapter of the Society of Professional Journalists hopes that their trademark application causes the American people to consider the downside of living in a society that isn't capable of differentiating between propaganda and information. They even created a video to introduce their applied-for trademark and launched a website called 'Fake News TM' that will help the public in knowing which stories are real and which ones are not.

Ref- https://www.kashishworld.com/blog/spj-florida-pro-chapter-attempts-to-trademark-trumps-fake-news-mantra/

Kanye West's Trademark Application for 'Sunday Service' Denied

The US Patent and Trademark Office (USPTO) has recently denied Kanye West's Trademark Application for the phrase 'Sunday Service' for merchandise because someone else already got the phrase registered five years ago.  Kanye West's attempt to trademark the phrase made headlines this year in July. The phrase 'Sunday Service' is also the name of the gospel-inspired live performance series, which he brought to Coachella in April 2019. The rapper had filed the trademark application to use the phrase on apparel, including jackets, socks, footwear, shirts, dresses, hats, etc.

According to various reports, West has failed to trademark the phrase 'Sunday Service' as a person named Jeff Jonas, also widely known as DJ Escape, got the same phrase trademarked in 2014. Jeff had applied for Trademark Registration of 'Sunday Service' as it corresponds to conducting, organizing, arranging, and hosting events related to social entertainment, entertainment like live music at clubs or concerts, musical and artistic performances, organizing exhibitions for entertainment purposes, music tours, disc jockey performances, and dance parties and night clubs. As per Jeff's Facebook page, he runs a New York-based event series known as 'Sunday Service.'

The USPTO declined the trademark application by stating that the phrase would result in the likelihood of confusion as West's filing to trademark the same was also related to music. However, Kanye West can still submit more arguments and evidence within six months of the trademark application's denial to support his filing. In case he doesn't come forward to take any action, his trademark application shall be abandoned.

Till quite some time, West's Sunday Service events were not open to the general public and were attended by only his friends and celebrities, including Brad Pitt, DMX, Dave Chappelle, amongst many others. In the past month itself, West made his Sunday Service event a pop-up event open to fans in various cities, in a campaign to publicize and promote his brand new album titled 'Jesus is King.'

Ref- https://www.kashishworld.com/blog/kanye-wests-trademark-application-for-sunday-service-denied/

Information Technology and its Impact on Auditing and Accounting

In today's fast-paced economy, information technology has had a significant impact on Auditing and Accounting by enabling business firms and organizations to develop and further use computerized systems for storing and recording their financial transactions. With the help of several crucial improvements and advancements, information technology is transforming the auditing and accounting industry both quickly and profoundly. The auditors can now seamlessly identify fraud and operational business risks, generate financial reports, and tailor their approach accordingly to deliver better results.

It is a matter of fact that yes; while technological advancements are being introduced at an unprecedented speed, several areas are helping the shift to audit and accounting automation while coming up with new ways of performing an audit. So, let's make ourselves familiar with how information technology is transforming the industry of auditing and accounting.

Artificial Intelligence (AI) -

Artificial Intelligence, robotics, and cognitive sciences offer great help in the automation of repetitive and complex processes and tasks. AI holds immense power in providing extreme accuracy, which further helps in increasing efficiency and reducing operational costs. Such emerging technologies play a significant role in supporting the transitional role of today's auditor from a process-centered practitioner to a critical strategic partner. In this case, it would be right to say that AI shall never replace auditors, but auditors using AI shall replace the ones that aren't using it.

Cloud -

Cloud-based computing like Microsoft Azure, Google Cloud, and Amazon Web Services (AWS) refer to a type of internet-based computing providing shared processing data and resources on-demand to computer devices. It enables the auditors to perform testing tasks and auditing from any location in the world and also provides them with an ability to deliver information, reports, and working papers via the cloud. Without any second thoughts, cloud-based computing has indeed opened up a new and efficient way for the auditors to work well with their clients. As a result, auditors can spend more time engaging with their clients and solve their business issues.

Audit Software -

Since its early stages, audit software has indeed come a long way now. Programs offer a high degree of accuracy by reducing the margins of error. Furthermore, new programs also help in streamlining the audits by making the entire process more effective and efficient. Nowadays, both auditors and business owners are embracing the new audit software technology for preventing issues with the stakeholders and avoiding costly mistakes.

Mobile Applications and Mobile Accounting -

With the proliferation of smartphones, almost everyone across the globe has access to unlimited information and business data. To bridge the gap between clients and firms, auditors are now taking advantage of mobile device connectivity. Moreover, new mobile applications are also offering help to professional service firms by performing internal functions, including sending invoices and receipts, submitting timesheets, and creating expense claims.

Social Media Platforms -

Many firms nowadays use various social media platforms like Twitter, LinkedIn, and Facebook regularly to engage with their already existing and potential clients while expanding their brand reach simultaneously. Therefore, along with traditional marketing strategies, professional service firms must realize the importance of integrating social media marketing into their long term digital marketing goals and business development plans.

BOTTOM LINE

The rapidly evolving relationship between information technology and auditing implies that auditors need to understand what impact does technology have on their business and how can it be utilized for improving Corporate Law Compliance and operational efficiencies, achieving regulatory management, guiding management decisions and Legal Opinion, supporting financial reporting and accounting, and ultimately increasing revenues.

REF- https://www.kashishworld.com/blog/information-technology-and-its-impact-on-auditing-and-accounting/

Apple Sued Over Trademark Abuse In Memoji Registered Trademark

Social Technologies LLC, a digital-based enterprise known for bringing creative social media products to the marketplace, has recently filed a lawsuit at the US District Court for the Southern District of New York by claiming that Apple is fraudulently and improperly using Memoji as a Registered Trademark without even owning the mark in the country. To be specific, the firm claims that Apple has falsely marked Memoji by including it in the Apple Trademark List on its official website and has attempted to defraud the general public to Social Tech's detriment.

Social Technologies has created an Android app called Memoji. In its complaint filed, it has emphasized that Apple is using the encircled R symbol, which denotes a registered trademark corresponding to Memoji on its website instead of using a TM or SM symbol, which denotes a service mark or trademark that the US Patent and Trademark Office (USPTO) hasn't necessarily granted.

The lawsuit filed highlights that Apple was aware of the significant differences within the trademark list page's text, which instructs for either using the listed items only with the appropriate symbol in publications distributed within the US or otherwise including an appropriate trademark attribution notice. Besides, including the Memoji mark in the list has made the case more complicated in connection to a previously filed lawsuit by Social Tech in 2018 over the matter in the Northern District of California.

As per the complaint, Social Technologies had checked the trademark list page on 17th June 2019 and saw Memoji was not there in the list, which was a day before Thomas La Perle, Apple's Senior Director of Trademark and Copyright, had to give a deposition related to the California lawsuit. However, immediately after the deposition, Social Tech claims that Apple updated its list to include the supposed fake designation of Memoji.

The lawsuit further raises the issue of Apple’s extensive advertising of Memoji in promoting iPads and iPhones and using it as a mascot for the entire brand. The complaint has four listings for 'cause of action' including:

1. False Designation of Trademark as Federally Registered
2. Dilution of the Memoji Trademark
3. Violation of New York General Business Law
4. Unfair Competition

As of now, Social Technologies LLC is seeking monetary damages, attorney's fees, pre- and post-judgment interest, costs and expenses, an injunction to prohibit Apple and its agents from using the registration symbol in connection with Memoji, and the declaration that Social Tech is the only Trademark Holder of the federally registered Memoji trademark.

Ref- https://www.kashishworld.com/blog/apple-sued-over-trademark-abuse-in-memoji-registered-trademark/

Liverpool FC's Request to Trademark 'Liverpool' Denied

The British government's Intellectual Property Office (IPO) has recently rejected Liverpool Football Club's controversial bid to trademark the word 'Liverpool' due to the geographical significance of the city. The club's Trademark Application for the word 'Liverpool' came to light around two months ago with its team and faculty members insisting that their attempt to register the mark was purely in the context of football services and products, and to stop the people who benefit from the sales of inauthentic products.

In spite of the club's repeated insistence that all the revenue generated from the protected services and products would go into the reinvestment, like on transfers and the stadium - their trademark application sparked outrage within their followers, fans, outside supporters, and observers, including the Liverpool mayor Joe Anderson, who was strictly against this trademark move since the very beginning.

After accepting the decision taken by the IPO, the club stated that they would continue to pursue large-scale operations aggressively that seek to exploit their IP illegally and would also influence the relevant authorities to take legal action against such criminal activities.
The club's chief executive officer, Peter Moore, said that the trademark application was put forward only in good faith with the sole purpose of protecting the best interests of the club along with its supporters. He also thanked all those who had engaged with them throughout the process, including the local football clubs and independent traders. Furthermore, he admitted the fact that they had underestimated the level of opposition they received from the independent traders in the city and Liverpool City Council (LCC). In the end, he said that they had felt obliged to protect the club and had even looked at similar situations where the clubs have trademarked their place names in the context of football.

Joe Anderson, in his tweet, said that Liverpool Football Club is a global brand that plays a significant role in showcasing their city around the world. He also stated that he shares a strong relationship with Peter and his team and the club's importance to the future of their city is without question.

Ref- https://www.kashishworld.com/blog/liverpool-fcs-request-to-trademark-liverpool-denied/

Online Infringement of IP - The Dark Side of the Digital Age

The Internet today has efficiently created a wide range of opportunities for business firms, companies, organizations, and individuals to communicate their brand messages and reach their target audience. However, keeping aside the Internet's openness, versatility, and global reach, its unregulated character has created a fertile ground for Trademark and Copyright Infringement too. In the broadest sense, online Intellectual Property (IP) infringement covers the sale of counterfeit products and services through the Internet and a variety of its activities, including cybersquatting, phishing, SEO, and unsolicited email marketing. These activities make up for what we may refer to as the dark side of the digital era.

According to various reports and surveys conducted, the fastest growing area of counterfeit trading and Intellectual Property Infringement is online. Companies can't nowadays depend on conventional legal remedies for dealing with trademark and copyright abuse on the Internet. Therefore, they must build a proactive and multi-faceted strategy for Copyright and Trademark Protection, which must offer effective methods of adapting to the challenges of the online environment. It should also help the companies in overcoming some of the limitations in the conventional legal approach. For instance, like other forms of Intellectual Property Law, the Trademark Law is also governed by the principles of territoriality. However, on the Internet, it is quite easy to maintain an anonymous identity with the help of offshore internet servers. Consequently, the infringers with this kind of virtual presence can generate huge profits. The difficulties associated with the conventional legal approach leading to successful online IP infringement further includes the aspect of lack of uniformity in the legal landscape. Varying IP laws and regulations in different jurisdictions make it arduous to navigate the legal landscape.

Nevertheless, all is not lost yet as a growing number of technologies and monitoring services are now available to reduce IP violation, support online brand protection, and safeguard brand equity. As a company's brand and IP assets account for an extreme percentage of its overall business value, a strategic protection program is indispensable for protecting this highly valuable asset base.

AUTOMATED TRADEMARK MONITORING SYSTEMS

For preventing the Trademark Registration of confusingly similar or identical marks by third parties, automated trademark monitoring systems and services can prove to be extremely beneficial. With surveillance mechanisms, these systems monitor trademark use by third parties across product development, point of sale, and distribution. They also efficiently track activities involved in digital marketing, advertising, and social media marketing - that may have a bearing on the brand value and its entity and integrity. Furthermore, they help in signaling to infringers and violators that a trademark is actively protected.

PRIORITIES AND OPTIONS

As the Internet has immensely transformed the business landscape, it has become imperative to keep IP protection strategies in place and outsmart IP infringers in the online marketplace.
Rapidly putting a stop to online infringing activities should be the topmost priority. It requires immediate action for ensuring that no incriminating content is accessible online. Web screening companies linking up with various E-commerce platforms and internet service providers can detect and disable infringing websites and portals.

Claiming monetary damages from infringers can be a tough task, especially, in the present borderless digital society, where tracing the identity of an infringer is another complicated process. The courts and other authorities can help in stopping the illegal use of brands online by initiating legal proceedings against unauthorized use.

As the IP infringers are nowadays all equipped with the latest smart technologies and tools, the in-house legal departments and providers or specialized services can tackle such issues and provide solutions in a professional, cost-efficient, and responsible manner.

Apple Applies for a US Trademark on 'Slofie'

During this year's Apple event held in September, the tech giant had announced that its new iPhone 11 line would feature a front camera capable of recording at 120 frames per second. The same effect, when slowed down, would produce a crisp slow-motion video, which shall be perfect for recording dramatic selfie videos. They called this feature 'Slofie,' made from the words 'Slow' and 'Selfie.' Although it seemed that the term slofie was just a cruel joke by Apple; however, the company has recently filed a Trademark Application for the same with the US Patent and Trademark Office (USPTO).

Even though iPhone 11 hasn't yet entered the market, the early reactions to its slofie feature were more on the negative side. However, according to the document filed with the USPTO, Apple is sticking to the term slofie which it describes in its trademark application as - downloadable computer software for use in recording and capturing video. That implies that Apple is more into looking forward to preventing other companies from coming up with a similar feature. They wish to put a stop to the creation of counterfeit slofie apps and want slofies to remain exclusive to the new iPhone.

In spite of the prime focus on apps, Apple has not included a slofie mode or slofie app in its upcoming iPhones. The feature is known as 'slo-mo' in its camera app and the current usage of this feature only refers to the resulting videos, rather than any app or mode used to capture and record them.

Quite clearly, Apple is hoping its slofie feature would be a success story and help in selling the new iPhone 11 line, which has also incorporated plenty of additional camera upgrades. As per various reports, the tech giant has paid $400 for filing this trademark application.

Ref: https://www.kashishworld.com/blog/apple-applies-for-a-us-trademark-on-slofie/

Everything You Need To Know About Trademarks

Your brand is your image, and a trademark legally protects the unique and specific aspects of your brand. By carrying a legal weight of representing a brand or a business along with its products and services, Trademark Protection can apply to words, logos, symbols, phrases, color schemes, packaging design, unique labeling, signatures, sounds, movements, or any combination that uniquely identifies a product and distinguishes it from others.

IMPORTANCE OF TRADEMARKS

Businesses and brands with Registered Trademarks make it easier for customers to locate their services along with the products offered. Whether your customers are browsing the internet, active on social media, or simply walking around the neighborhood, trademarks help them in immediately identifying your company and its available services and products.
Every company or individual with a trademark owns the legal right to its protection as well. If any other person, business firm, or organization starts selling identical products or comes up with something likely to create confusion in the minds of the customers, the trademark owners can initiate legal proceedings against such unauthorized use. The value of a trademark increases as the reputation of the company or its brand gets better with time. Customers usually stay loyal to their favorite brands, which further steps up the value of the company. Furthermore, a trademark holds immense potential in quickly becoming the highest-valued Intellectual Property (IP) or asset owned by a company as it will stand on the pillars of loyalty and high-quality in the eyes of the customers.

Trademark Registration can also prove to be fruitful in turning your trademark into a valuable and transferrable asset, which your business can use anytime in negotiating better business deals or providing more financial security. A well-protected trademark is substantially more likely to thrive, even when the economy begins to go downhill, while flimsy trademarks won’t last for long in troublesome financial conditions. Failing to register a trademark, damages the brand, destroys the reputation and risks the Intellectual Property Protection.

Many individuals and business firms believe that registering a domain name or business entity name offers the same protections and rights as a trademark. However, people must understand that registering a company name or a domain name will not prevent any third-party from using an identical or a similar name. Therefore, businesses of all sizes should be proactive in developing a strategy for trademark protection to keep their brands safe. It is also vital to make a point of the fact that using a trademark should never infringe or violate any other already registered trademark.

Maintaining a strong trademark portfolio that is enforceable helps a trademark owner in looking for possible conflicts, including the people who might be diluting the trademark or infringing on its protection. The prime purpose of the Trademark Law is to safeguard the owners from losing sales and income due to the presence of confusingly similar marks in the market among which a customer can't differentiate.

CREATING A TRADEMARK

Before registering a trademark, it is imperative to ensure that the proposed mark meets all the requirements as specified by the jurisdiction in which you are planning to file the Trademark Application.

For seeking trademark protection, the proposed mark must be distinctive, as per the four categories mentioned below:

1. GENERIC: As generic terms can be used by almost everyone, a trademark shouldn't be too generic.
   
2. DESCRIPTIVE: Descriptive terms can qualify for protection if an additional meaning is provided, which adequately proves the public connection to the proposed mark.
   
3. SUGGESTIVE: This category requires the customers to think creatively and understand the link between the proposed mark and goods or services provided.
   
4. ARBITRARY OR FANCIFUL: This category refers to the made-up phrases, words, or names with a meaning that don't relate to the products or services offered. For instance, the trademark ‘Apple’ owned by Apple Inc.
   
   Ref: https://www.kashishworld.com/blog/everything-you-need-to-know-about-trademarks/

Air NZ's Trademark Application for 'Kia Ora' - Offensive to Many Māori

The flag carrier airline of New Zealand, Air New Zealand, has offended the country's Māori people by filing a Trademark Application for a logo of the words “Kia Ora” which is the greeting for hello. The airline filed the trademark application for “Kia Ora” which is also the name of its in-flight magazine, this year in May. The Intellectual Property (IP) Office of New Zealand stated that the airline was looking forward to protecting only the particular stylized forms of the greeting and not the greeting itself. However, the Indigenous groups of New Zealand said that the words of the logo belonged to them, and the attempt to trademark the phrase was a pure cynical business move.

The Māori Council, in this particular context, has said that it would take Air NZ to court if it goes any further with the trademark move. Besides, the council also stated that the trademark application is an insult to New Zealanders and referred to it as “harebrained.” Matthew Tukaki, the council's executive director, said that he and all Māori are sick and tired of cultural appropriation and their language is a national treasure, which people can't use for business purposes and gain profits from it as they see fit.

Various IP experts have said that it is unlikely for the trademark to seek approval as the language is a common greeting among all races in the country and the private companies, government institutions, and businesses use the same abundantly. Moreover, the trademark application would also require passing the examination phase with the Māori trademarks advisory committee, which advises the commissioner of trademarks in New Zealand.

Maui Solomon, an Intellectual Property Rights (IPRs) expert, said that the airline is "overreaching" by seizing national icons to help promote their brands, and if they are doing so, there should be benefit-sharing, and the airline must stump up with a bit of cash.

The national airlines stated that the trademark application is all about safeguarding the company's logo and they have immense respect for the Māori language in their hearts. A spokesperson for Air New Zealand stated that the phrase “Kia Ora” has been registered by various applicants to be used for a wide range of products and services and it is a part of their standard corporate practice to trademark all their logos. Ref: https://www.kashishworld.com/blog/air-nzs-trademark-application-for-kia-ora-offensive-to-many-maori/

Business Entity Names, Domain Names, and Trademarks - What Are They?

People who are either dealing with a company, starting a new venture, or running a business need to know what are business entity names, domain names, and trademarks and how to use them for increasing revenue. Each of these three terms has a unique purpose and core concepts and must be used adequately for establishing a successful business presence. Let's understand this with an example. Apple Inc. is a business entity name denoting a legal entity, which in this particular case is a publicly-traded United States Corporation. 'Apple.com' is one of the many domain names owned by Apple. 'Apple' is the Registered Trademark of the technology giant with the US Patent and Trademark Office (USPTO). At the very first glance, all these three terms seem to be incredibly similar as they all incorporate the name 'Apple.' However, from a legal viewpoint, it is critical to bring up that each term is different as the legal rights associated with them differ extraordinarily.

BUSINESS ENTITY NAMES

When we apply for an entity name with the department of a particular state, we are registering that entity, organization, or publicly traded corporation to do business in that respective state. Some common types of business entities (but not exclusively limited to) include:

1. 1. 1. Limited Liability Companies (LLC)
      2. Corporations
      3. Limited Partnerships

Limited Liability Companies can use 'LLC' to express the fact that their company is a limited liability company. A corporation is usually identified with 'Inc.' attached to its name. 'LLP' refers to Limited Liability Partnerships. The business entity names must be used in advertisements and business correspondence in the same way they are registered.

DOMAIN NAMES

A domain name is in the form of .com, .org, .net, or other web addresses existing for people and companies to find your business online. While selecting a name for your business, you must also see whether its corresponding domain name is available or not. In many cases, someone else can also buy the same domain name with a different top-level domain name. For instance, if you own the domain name, 'company-name.com,' others may own 'company-name.org' or 'company-name.net.' The domain names have a centralized registration process. A domain name is only the name of your website and owning the same won't give you any Trademark Rights.

TRADEMARKS

Registered trademarks protect the symbols, phrases, logos, or names that distinguish the source of products and services of one party from another. Some of the most famous and widely recognized trademarks include Google, Rolex, and Vodafone, to name a few. If used lawfully and enforced positively, trademarks safeguard the brand's entity by not letting any other person or company use the same without permission. In case, the trademark holder comes across a similar trademark, that may create a likelihood of confusion in the mind of a consumer, he can initiate legal proceedings against the allegedly infringing user in the court.

DIFFERENCES AND SIMILARITIES

People often consider business entity names and domain names as the same since they aren't aware of the unobtrusive contrasts. While a domain name only points to the online presence of a business, a business entity name, on the other hand, refers to the legal representation of a valid business. A domain name can be changed if required, but a business entity name usually stays the same. Trademarks are the exclusive form of Intellectual Property Rights (IPRs) that can prevent the unauthorized use of a brand by any other individual or entity. Though different, they are all confused with each other at some point or the other.

Ref: https://www.kashishworld.com/blog/what-are-domain-names-business-entity-names-and-trademarks/

Planning to Launch a Website? Avoid these Common Intellectual Property Pitfalls

Having a lawsuit filed against you in court, or receiving a cease and desist letter is never a welcome occurrence. For diverting multiple resources from your business and moving towards resolving the infringement disputes, it is essential to invest wisely in Intellectual Property (IP) before launching a website and avoid the following common pitfalls.

Pitfall No. 1 - TRADEMARK INFRINGEMENT

After selecting a brand name for your company, website, or product and spending an enormous amount of money in its promotion and marketing, you may receive a letter from another company or individual alleging that you are infringing its Trademark Rights. The plaintiff would demand you to stop the infringement of its brand or name.  In this situation, you will face tough choices - would you rename your brand or pay a lawyer to fight on your behalf?

How to avoid it - Before investing too much in a brand name, run initial searches on the internet and applicable foreign databases like EUIPO, USPTO, and WIPO to come across already registered trademarks and candidate marks. Furthermore, you should also try to foresee the position of your company in the next three years and make sure no other company or organization is occupying a similar space in the business environment. Consulting a Trademark Attorney having additional resources and expertise can offer aid in identifying and evaluating the risks involved if any. Therefore, it would be wise to say that a little amount invested before can save you vastly more down the road.

Pitfall No. 2 – CHOOSING A NAME THAT CAN’T OBTAIN TRADEMARK PROTECTION

While selecting your brand name, you should make sure that the proposed trademark can be registered, enforced, and protected. Additionally, it should also be descriptive and relevant to your business and its marketing strategy so that you face no difficulty in stopping any other company from using a confusingly identical mark or claiming any damages.

How to avoid it - Once you have selected the name, you must file a Trademark Application by covering all the specifications of the proposed mark for your products or services. The application will then go through the examination phase, in which the proposed mark is examined to determine whether it is suitable for Trademark Registration or not. If the application is accepted, then the owner owns the exclusive rights acting as a deterrent to others adopting a similar name.

Pitfall No. 3 – FAILING TO COORDINATE BETWEEN YOUR DOMAIN NAME AND TRADEMARK

After getting your trademark registered, you would want to register the corresponding domain name for your website as well. However, in some cases, you might discover that the domain name, which you were looking forward to obtaining, has already been taken by another company or individual. If the owner comes to know about your plans of launching a web business with the same name, he would either stop you from doing so or ask you to pay a hefty sum to obtain the domain name.

How to avoid it - Coordinating the timing of Trademark Filing and disclosure of the intended name with the purchase of domain name can help in ensuring that both the names are affordable and available at the same time.

Pitfall No. 4 – USING PLAGIARIZED CONTENT

People nowadays often copy the content available on the internet and use it on their websites. Consequently, the owners of the copyrights in that content can initiate legal proceedings against you or demand monetary damages for using the material without their permission.

How to avoid it - Make sure you reserve all the rights to the content published on your website. You must never copy content, videos, or images without the consent of the owner. Furthermore, remember that using names of people or showing their faces while promoting your business may infringe their personality rights. Besides, you should also make a point to have all the agreements and contracts with any third-party content providers in place. Otherwise, the contractual worker will claim the copyright.

Ref: https://www.kashishworld.com/blog/planning-to-launch-a-website-avoid-these-common-intellectual-property-pitfalls/

LeBron James Seeks to Trademark the Phrase 'Taco Tuesday'

LeBron James, an American professional basketball player, has recently filed a Trademark Application with the US Patent and Trademark Office (USPTO) for the term 'Taco Tuesday.' The trademark request states that James wants to use the phrase corresponding to the marketing and advertising services offered by various passive, shareable, and viral platforms and channels like mobile marketing, internet marketing, social media, search engine marketing, and blogging. To be specific, the basketball star is willing to create a brand around his obsession and habit of eating Tacos on Tuesdays.

Irrespective of the fact that this trademark filing may appear to be somewhat off-the-wall, it does make sense. As of late, James has been making sincere efforts to expand his empire past sports into entertainment and various other realms. Without any doubt, Taco Tuesday has become a total event for his entire family. Quite frequently, he is seen on Instagram, posting stories of him eating Tacos along with screaming the phrase, "Taco Tuesday!" Moreover, he has even got T-shirts with the same phrase.

In any case, the extent that trademarks go, 'Taco Tuesday' has now become quite famous. The phrase is present worldwide and enormously used. However, the Wyoming-based chain, Taco John's, already owns the phrase as a trademark for their restaurants and has event sent cease and desist letters to the ones who try and use the phrase. Although they can't stop every restaurant or cafe in the country that attempts to use the phrase 'Taco Tuesday,' they are left having to try; if only so they don't lose the trademark themselves.
According to various reports, James and his team (LBJ Trademarks) aren't surely launching anything with the Taco Tuesday name as of now, and are still very much in the exploratory phases. Taco Tuesday will continue to remain a lifestyle for James till the time he doesn't own any exclusive Trademark Rights for the same.

Ref:

LeBron James Seeks to Trademark the Phrase ‘Taco Tuesday’ #News #LeBronJames #Trademark #Tacotuesday https://t.co/0t2lIi21Uy

— Kashish Intellectual Property Group (@Kashish_IPGroup) September 11, 2019

Why is Intellectual Property (IP) Crucial for Disruptive Innovations?

In the present highly competitive business environment, every entrepreneurial or innovative journey usually begins with an idea, yet what pursues is altogether different for everyone. Business owners and entrepreneurs have plenty of ideas in their minds, but choosing the most appropriate one is a skill or aptitude that develops over time. Nowadays, most of the entrepreneurs and business owners usually have ideas or discover them based on their past work understanding, character traits, personality strengths, and academic background. However, there are many others as well who wish to bring a fundamental change in the world economy using their unique and innovative inventions or ideas. For such entrepreneurs, the search process for an invention that will prove to be beneficial in the long run can be an arduous task. Without any doubt, venturing out of one's comfort zone alone is one of the most critical traits of a successful entrepreneur. Disruptive innovations in any business have the immense power to bring forth various unexplored opportunities, outcomes, and possibilities, including strategic partnerships and access to the new market. Such innovations usually interrupt the already existing market by displacing leading business firms and shifting market scenarios. It is, therefore, highly advisable to everyone running a business to protect their ideas or inventions critically from their competitors as they are extremely vulnerable to theft and plagiarism.

PATENTS AND THEIR IMPORTANCE

Intellectual Property Rights (IPRs) play a significant role in leading an innovative and diligent entrepreneur towards the path of success. When a person executes or conceptualizes disruptive and unique ideas, patents, being the most exclusive form of IPRs, safeguard the fruits of innovation from exploitation and unauthorized commercial use by anyone other than the person himself. Intellectual Property Protection seeks to protect not only the new creations or innovations but also the already existing ones. By filing a Patent Application, entrepreneurs have access to all the information valuable for embarking on a new journey. They can also come to know about any other person or inventor owning the patent for a similar kind of invention and prevent themselves from running into potential Intellectual Property (IP) disputes that may arise in the future.


  WHY IS INTELLECTUAL PROPERTY INDISPENSABLE TO ENTREPRENEURS?

Owning Intellectual Property enables business firms and entrepreneurs to occupy a space with higher entry barriers, which further offers them with a competitive edge to grow at a faster pace than those with no IP Rights. Business owners and individuals who understand the importance of IP can immediately establish themselves well and achieve success. In a world driven by technological advancements, patents are of paramount importance as they help the inventors to come up with dynamic creations and innovations. Therefore, investors nowadays are increasingly attaching a lot of value to patents. As protecting the valuable assets of every business is essential, neglecting its importance can lead to many challenges arising in the future.

USPTO Rejects Cardi B’s ‘Okurrr’ Trademark Application

The US Patent and Trademark Office (USPTO), has rejected the trademark application of Cardi B, an American rapper and famous TV personality. Cardi B's attorney, Doreen Small, attempted to trademark her signature catchphrase, "Okurrr" earlier this year in March. Cardi B wanted to use this purported signature phrase on her merchandise, including T-shirts, undergarments, cups, and posters.

However, the USPTO declined the request by stating that the phrase is way too commonplace for obtaining Trademark Protection. It further mentioned that this phrase or expression is well-known and widely used by so many sources and conveys a well-perceived, ordinary concept or sentiment. It was likewise noted that the expression is commonly used in the drag community and by many famous celebrities as an alternate way of saying “Ok” or something that is said to assert when someone is being put in their place.

Till now, many other celebrities like the Kardashians had also used the same expression long before Cardi B filed its the trademark application, which the USPTO used as a justification for rejecting her request.

When the famous rapper appeared on “The Tonight Show with Jimmy Fallon” she said, “You know, it’s like a cold pigeon in the New York City” explaining the different versions of the phrase in her book depending on the situation. Moreover, during her cameo alongside Steve Carrell in Pepsi’s Super Bowl Commercial, she used the same phrase. Needless to say but even if the Grammy award winner can’t make it official; it’s still her trademark at this point as well.
 Ref : https://www.kashishworld.com/uspto-rejects-cardi-bs-okurrr-trademark-application/