How to Create the Perfect Logo for Trademark Registration?

 Hiring a professional logo designer can be a good idea if you have all the required resources. This article shall assist you in creating the perfect logo for Trademark Registration because although the task appears simple, it isn't as per the field experts. If you are committed to fulfilling this task on your own, we have got you covered.

So, go through the article to start your logo creation journey and succeed in expressing your company's visual recognition vividly.

Why Does the Logo for Trademark Registration Need to be Perfect?

Customers generally get attracted to brands and businesses having something unique to offer them based on value. It is because we have multiple options to choose from in the ongoing era. Therefore, our conscious mind wants to settle for the best possible solution. Consequently, it becomes essential for brand and business owners to give due importance to the logos of their brands or companies.

Creating the best possible logo shall ignite the interest of your already existing and potential customers and even initiate a stream of curiosity amongst them concerning the true essence of your brand or business. A logo casts an enormous impact and influence on entities and people coming to know about your venture for the first time. The overall design of a logo conveys a message concerning your offerings, which, in turn, assists the buyers in making the right buying decisions.

Understanding the Role of a Logo in Describing the Brand or Business

As you move further in your journey of logo creation, it is imperative to be crystal clear and focused as to how you would want to reveal the personality of your brand or business to its customer base. To achieve the same, you first need to figure out the core offerings of your brand or business. As a brand or business owner, your job becomes pretty easy when you grab the idea of what enables you to market your brand or business as a unique venture. After doing the same, multiple design ideas pop up in your mind that shall help connect all dots and complement the contribution of your brand or business to the community.

To achieve the bottom line concerning the personality of your brand or business, you must have the answers to the questions listed below:

• Why did the idea of your brand or business take off in the first place?
• What are the virtues of your brand or business company?
• What sets you apart from your competitors in the industry?
• If someone asks you to describe your brand or business using three words, what would they be and why?
• What is your USP?
• How would you want your customers to define your brand or business?

What Should a Logo Suggest?

If we start thinking about widely recognized logos, the first two-three examples coming across our minds would include the classic McDonald's logo with the 'M' initial written over a red background or the popular Apple Inc. logo depicting the apple fruit with a bite-sized portion missing from it. These are two classic examples; however, we can refer to a plethora of others.

A logo comprises a symbol or design representing the identity of your brand or business. People easily identify the brand or business offerings after some time of conceptualizing the logo. In straightforward terms, a logo becomes the face of any business or brand over time. It helps a business company or brand to stand apart from its competitors in the market and provides the target audience with a fresh vibe. It won't be wrong to admit that a brand or business owner gets a terrific opportunity to make a statement for his brand or business company by creating a visually appealing and compelling logo.

Let us take into account another example of the e-commerce giant Amazon. It has a smiley sign below the word Amazon, which signifies that customers are bound to get everything on the online platform that too effortlessly, which shall eventually lead to a satisfied and happy customer base. Therefore, we can say that the smiley sign is justified. All in all, a logo undoubtedly plays a significant role in conveying the message of a brand or business.

Important Aspects to Keep in Mind While Creating a Logo

The first step involves brainstorming all possible options. Concepts and ideas thoughtfully coming across our minds should be recorded well on paper or digital devices - no matter how bad they are, since we always have the option of removing them at some later stage. Remember not to neglect any idea or concept seeming ridiculous in the first place, as some of them may hold the potential to strike an engaging debate, consequently leading to brilliant results.

After following the step mentioned above, the next one involves taking into consideration the psychology of your target audience. To begin with the same, you must jot down the words you would want your potential customers to use in the future to refer to your brand or business. To perform this step accurately, you require stepping into the shoes of your potential customers.

The last step involves the active and dedicated participation of all the team members. Sincere efforts must be put in to accomplish an outcome. Employees from different departments, including marketing, HR, accounting, sales, etc., can participate well in communicating their ideas. Don't forget that more perspectives combined together offer the best possible results.

Incorporating the Logo Design

The finalized logo must form the basis of all the marketing campaigns, specifically for usage on all the branding elements associated with your brand or business, including business cards, packaging items, official website designs, themes, etc.

You must, at this stage, decide upon your logo's color palette, font, final outlook, etc. To achieve the same, you may also consider hiring a professional designer. Once such things are done, your brand or business shall have a fresh look to offer the entire world.

 

Intellectual Property Rights In UAE

Intellectual Property Rights In UAE

The United Arab Emirates (UAE) is a federation of seven emirates in the Middle East which was established in 1971. With a small-scale local population and relatively new Intellectual Property laws, UAE is still going through a continual development phase in the Intellectual Property Rights Portfolio. The IP laws established in UAE are in full compliance with the international agreement on TRIPS (Trade-Related Aspects of Intellectual Property Rights) and are governed by the Federal laws of UAE.
The Intellectual Property Rights as per the Trade-Related Aspects of Intellectual Property Rights in UAE are as follows:

TRADEMARKS

A trademark could be any name, sign, symbol, logo, or phrase which is capable of uniquely identifying the goods, and services from one source or origin to another. In UAE, the Ministry of Economy, trademarks department, deals with the mechanism of Trademark Registration. This registration is compulsory for the owners to hold exclusive rights over their trademark and seek other means of protection as prescribed by the laws in UAE. Once a trademark is registered, it lasts for a period of 10 years from the date of filing, renewable every 10 years on the payment of the required fee.

PATENTS

A patent is an exclusive Intellectual Property Right granted to individuals for an invention, which can be a product or a process, offering a new way of doing something. In UAE, the patent is granted by the Ministry of Economy, patents department. Another way of seeking Patent Protection is by filing a GCC (Gulf Co-operation Council) Patent Application covering the GCC countries of UAE, Saudi Arabia, Bahrain, Kuwait, Oman, and Qatar. Once a patent is registered, it lasts for a period of 20 years from the date of filing, and annual annuity payments are compulsory to hold rights over the patent.

INDUSTRIAL DESIGNS

Industrial Design Protection is provided for the ornamental and aesthetic aspects of an article or a design which may constitute the features of shape, configuration, pattern, or composition in two or three-dimension. In UAE, Industrial Design Protection is accomplished by registering the design before the Ministry of Economy. The registration application can have more than one industrial design, if those designs are co-related with respect to their manufacturing or use. The industrial design protection lasts for 10 years from the date of filing, and annual annuity payments are required to hold the rights over the industrial design or drawings.

COPYRIGHTS

In a legal sense, copyrights describe the rights granted to owners for their original works of authorship. The subject matter of copyright includes music, paintings, sculpture, films, computer programs, databases, literary work, sound recordings, elements of fashion design, and so forth. In UAE, copyrights can be protected by filing an application before the copyright department.

DOMAIN NAMES

Domain names are the internet protocol addresses governing the unique online identity of an individual, firm, or an organization. In UAE, the domain names are protected and managed by the United Arab Emirates Network Centre (UAEnic) under the provisions of law.

IP CHALLENGES AND THEIR SOLUTIONS IN UAE

It is not surprising to say that IP rights and laws are not very well-established in UAE as compared to other countries across the globe with better and longer histories of IP regimes. Some challenges addressed by the UAE authorities along with their expected solutions are as follows:

1- ENFORCING IP RIGHTS IN FREE TRADE ZONES:

With more than 45 free trade zones in UAE, enforcement of IP rights by the brand owners becomes a complicated process as the procedure, and the authority with jurisdiction can differ between free zones. When IP right holders want to take an action against the issues of counterfeiting or infringement, they should verify who is responsible for enforcement in the free zone in question, and if there are any processes in place using which complaints can be filed.
Some steps must be initiated to remove ambiguities so that the IP right holders have a clear understanding of how complaints can be filed. The right holders want more cooperation among the authorities of free trade zones, customs, police, and themselves to fight against the issues of counterfeiting, and IP infringement in free trade zones.

2- LIMITED AMOUNT OF DAMAGES:

Manufacturers and distributors of counterfeit products remain indomitable by the limited award of damages given to the owners by the courts in UAE to make up for the damages suffered due to the act of infringement.
Improvements and revisions might take place with respect to the future implementation of the GCC Trademark Law, which would include a recovery of infringer’s profits in the damages awarded to the right holders.

3- RE-EXPORTATION OF INFRINGED PRODUCTS:

In UAE, the customs may re-export infringed goods rather than destroying them, which is another major challenge faced by the IP right owners.
However, this is expected to change with the improved Customs’ measures provisions of the GCC Trademark Law, which may order complete destruction of the infringed goods at the expense of the owner unless it poses a serious threat to environment or human health.

4- COMMENTS

In spite of the challenges that are yet to be addressed by the UAE authorities, brand owners and IP right holders have seen a considerable change and noteworthy progress in the IP rights enforcement, specifically through the establishment of specialized court circuits. The officials are now fighting against counterfeits with the help of the efficiencies provided by automation of processes. The UAE authorities are also making an effort to offer legal and technical training to companies regarding the protection of their brand names and entities.

How to Get your Trademark Registered Internationally?

You must have worked proactively for a pretty long time now to get to this moment. Your business company has grown steadily over the past few years, as a result of which, you are finally ready and looking forward to transforming it into a global brand. For doing the same, there is a dire need for you to ensure that your Trademark Protection extends well to the international market. As a business owner, you don’t wish to go through all that work only to have your trademark stolen by another person or have it denied outright as a consequence of not following the adequate protocol to have it affirmed in some other nation. So, let us now make ourselves familiar with how you can file an international trademark application and take your business to a global level.

1. Start by getting the trademark registered in your country
2. Going ahead with international trademark registration
3. Seeking WIPO protection

KIPG

Understanding the international differences

Although these systems help significantly in making the international trademark registration process smooth, the differences are inevitable. Hence, there is a need to stay prepared, know the differences well, and understand how you can meet them in the best possible manner to go ahead with filing your trademark application. For starters, you need to know that every country has different rules and regulations in the trademark registration process and the concepts corresponding to the terms ‘distinct’ and ‘trademarkable’ may vary as well. Furthermore, every nation has its specific grounds for refusal, due to which, there is a need to know them before filing your trademark application. You should also put in sincere efforts for ensuring that your trademark application is as specific as possible corresponding to the services or products for which you are going to use your proposed mark. It is also imperative to read the guidelines of the IP office of the nation in which you are looking forward to seeking trademark protection. If you wish to file a trademark application in multiple countries worldwide, you may get in touch with a Trademark Attorney possessing appropriate knowledge of the required paperwork and different systems.

Ref: https://www.kashishworld.com/blog/how-to-get-your-trademark-registered-internationally/

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/

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/

LeBron James' Trademark Application for 'Taco Tuesday' Denied

Recently, the United States Patent and Trademark Office (USPTO), has turned down the Los Angeles Lakers basketball star LeBron James' Trademark Application for the phrase 'Taco Tuesday.' The USPTO stated that the proposed mark is a commonplace term. It further explained by saying that the phrase 'Taco Tuesday' is an expression or a message used by various sources to a great extent and solely conveys a familiar, well-recognized, or ordinary concept. Moreover, the office presented various news articles as evidence to show that people around the world widely use the phrase 'Taco Tuesday' to express their enthusiasm for tacos by celebrating and promoting them on the dedicated weekday, i.e., Tuesday.

The USPTO also referred to the similarity of 'Taco Tuesday' to another already existing trademark, 'Techno Taco Tuesday' owned by an entertainment company in Las Vegas. The office stated that removing a word from a Registered Trademark doesn't overcome a likelihood of confusion.

James had filed the trademark application last month on August 15, 2019, through his company LBJ Trademarks LLC, to use the phrase for online entertainment services, podcasting services, and his social media posts related to entertainment, sports, current events, and popular culture. His company also revealed their plans for using the phrase in marketing and advertising services.

According to The Los Angeles Times (a daily newspaper published in Los Angeles, California), a restaurant in Cheyenne, Wyo., already owns a trademark for the same phrase and has been aggressively protecting its Intellectual Property (IP) for quite a while now.
It seems as if Mr. James' attempt to trademark the phrase was seen as a possible means to free it for use by everyone.

For challenging the USPTO's move or refusal of the phrase, James and his team now have six months to respond. However, according to Josh Gerben, a lawyer specializing in trademarks, the refusal is pretty hard to overcome.

Ref: https://www.kashishworld.com/blog/lebron-james-trademark-application-for-taco-tuesday-denied/

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

Protection of Domain Names

In today's highly competitive business environment, a domain name is one of the most valuable Intellectual Property (IP) assets a company could own. It is a matter of fact that yes; the choice of a domain name in this age of well-developed information technology is an important business decision as it leads to more publicity, popularity, and profitability of businesses. So, it is essential to wisely select your domain name and protect it irrespective of the fact whether you have been using it for years or have just acquired it.

Here are a few simple tips that owners should follow to protect their domain names:

1. Pay due attention to the administrative details

While registering the domain name, the owner should make sure that he or she is listed as the registrant, i.e., the legal owner of the domain name; the administrative contact, i.e., the individual who has the rights to alter the domain record; and the technical contact, i.e., the individual who will be responsible for addressing any technical issues with the domain name.

2. Always go for a reputable registrar

Large companies and organizations usually work with corporate registrars like MarkMonitor to manage their domain names efficiently. While using a retail registrar like GoDaddy or Network Solutions, the owner should ensure that the registrar is widely-known, responsive to the customers, and has been in the business for a long time.

3. Make sure to lock your domain name

Many domain name registrars provide the facility to lock, transfer lock, or register lock the domain name to prevent it from being deleted, modified, or transferred without the owner's prior and explicit permission.

4. Consider obtaining similar domain names

Domain name holders or owners should consider registering similar or alternative top-level domain names like .org, .biz, and .net along with the domain names based on either the misspellings or the plural version. 

5. Create a strong, unique password and protect it diligently

The owners should protect their domain names from unauthorized access by using a strong and unique password. Failing to do so could let someone else access your domain name, leading to its misuse.

6. Keep track of the renewal dates

The owners must establish a procedure to ensure that they do not unintentionally forget to renew the registration of their domain names. Owners with multiple domain names can even consider consolidating the renewal dates of all their domain names to make the process well organized. Additionally, renewing the domain name for multiple years could also prove to be beneficial.

7. Be aware of domain name scammers and others with evil intentions

Nowadays, unethical registrars often try to manipulate the domain name registrants into paying unnecessary charges. Therefore, the domain owners should be cautious while responding to any such suspicious emails from parties pretending to be the registrar of their domain names.

CONCLUSION

In today's internet age, your company's domain name not only adds credibility to your business but also builds your brand’s image by increasing its awareness. Domain names also help in generating traffic to your website, which results in more customers and better sales. Therefore, they must be efficiently protected to avoid any unforeseen circumstances, which might arise, leading to disruptions in business