Protecting your Brand's Integrity with a Trademark

 In the present fast-paced society and highly competitive environment, establishing a strong brand is pivotal to the success of every other business. Furthermore, protecting that brand deserves your utmost attention too. Yet, a lot of small scale businesses and startups nowadays overlook a crucial step in securing their brand - Trademark Registration.

What can be trademarked?

A trademark is a form of Intellectual Property (IP), which may be any unique name, word, symbol, or device used to identify and further distinguish the goods of one seller from those of others, for instance - Nike's Swoosh (logo). Besides, a trademark allows the seller to safeguard what's trademarked efficiently from both use and misuse by competitors while establishing brand loyalty among the customers. Trademarks also prevent confusion among the customers, who usually come to associate distinct attributes, to be specific quality, with a unique brand.

From a branding perspective, you can protect several assets, including names, taglines, logos, and packaging. However, it is imperative to make a point of the fact that these assets can obtain Trademark Protection only if they meet the subject matter eligibility. A phrase or word that's commonly used or already connected with another service or product in the same industry can't be trademarked. Let's consider an example to understand it. A generic term like "search engine" can't obtain trademark protection; however, a unique name like "Google" can. On the other hand, if your name is generic but used in the industry that's typically not related to the meaning of the term, then you may be able to trademark it, for instance - Apple (tech giant).

As a general rule, you can go ahead with trademarking your business name, if in case you use it while advertising to your target audience directly. If you are not making use of your business name in direct communication with your customers, then you can't obtain trademark protection for it as you are not connecting your name to your brand and also its attributes. Without any second thoughts, if your business name will be a critical part of your overall marketing strategy, then you must consider trademarking it. Additionally, the logo and tagline of your brand can also prove to be exceedingly good candidates for seeking trademark protection. The first litmus test corresponds to whether they are unique or not. The aspects that make a logo unique are the combination of the symbol with the company or brand name, their spatial relationship, and the colors. If the brand's tag line is a unique phrase, then you can consider trademarking it as well. For instance, Apple's "Think Different" connects its brand attribute, that is, quality, to its products.

The Trademark Registration Process

It is not necessarily expensive to obtain trademark protection. In the US, whoever establishes priority in a proposed mark is generally considered as its owner. To keep it straightforward, if you are the first company or individual using a unique mark for identifying your services or products, you don't need to register it for gaining the corresponding Trademark Rights. However, you must add the TM symbol to the brand to which you are claiming rights. Still, it is not a substitute for registering a proposed mark through the US Patent and Trademark Office (USPTO), which indeed establishes ownership to a great extent and beyond a doubt.

It is crucial to keep in mind that everything depends highly on the uniqueness of your proposed mark. In today's digital era, the Internet is undoubtedly a brilliant platform for starting your Trademark Search. You can proactively visit the free websites, like the ones maintained by the USPTO, to make yourself familiar with the already existing trademarks. Besides, you can also consider hiring an attorney specializing in the Trademark Law for conducting detailed searches.

In the US, a trademark can be registered at the federal or state level. State-level trademark registrations are expensive and less potent than the federal trademark registrations. Quite often, a trademark is registered within one industry; however, it may be registered in more than one as well. The best option, without any doubt, depends on the scope of your business and its geographic area of operation. International trademark protection is much more costly, extremely complicated, and expensive to enforce.

If you go ahead with filing a Trademark Application with the USPTO, then it will make sure that no other trademark similar to yours exists. The trademark registration process can take months. Therefore, it is highly advisable to do your homework well, because if your proposed mark resembles an already existing trademark, then your trademark application will face rejection.

It is a matter of fact that yes - the more you try to differentiate your brand from others in the industry, the more convenient it will be for you to safeguard it in the best possible manner. So, pick a name or logo that identifies your brand uniquely and protects it from your competitors.

Ref: https://www.kashishworld.com/blog/protecting-your-brands-integrity-with-a-trademark/

An Overview of Trademark Registration and Protection in Nigeria

 Nigeria, a sovereign country located on the western coast of Africa, is the most populous nation with the largest economy in the continent. It also has a fast-growing services sector with a rapidly increasing need for consumer goods. Without any second thoughts, all these factors do make Trademark Registration a crucial aspect in the nation.

GENERAL INFORMATION

In Nigeria, the Trade Marks Act, Cap T 13, the Laws of the Federation of Nigeria 2004 ("TMA"), and the Trademark Regulations 1990, form the legal basis of trademark registration and protection. The Act defines a trademark that is capable of identifying and distinguishing the source of the goods of one company or individual from those of others. A trademark may include a label, name, brand, device, heading, letter, word, signature, numeral, or any combination of these elements. When it comes to trademark registration, the Nigerian Trademark Law classifies goods into thirty-four (34) international classes. In Nigeria, multi-class Trademark Applications are not allowed; therefore, a separate application needs to be filed for registration in each of these classes. Also, unlike other jurisdictions, 'USE' is not a requirement for the registration of trademarks in Nigeria.

In Nigeria, the Trademarks, Patents, and Designs Registry (under the Commercial Law Department of the Federal Ministry of Trade and Investment) is the concerned trademark authority that governs and deals with the mechanism of trademark registration. The trademark application must be filed by the proprietor or an agent with the exception in the scenario of a foreign proprietor where a local agent must be hired. Except for the bureaucratic delays at the Registry, the time frame to complete the registration procedure is usually 12 to 18 months.

Trademark registration in Nigeria gives an owner the exclusive rights to the registered trademark corresponding to the specific goods or classes of goods in which it was originally registered. If a person or company uses the same trademark or any other mark similar or identical to it, which is likely to deceive or confuse the public, then it becomes a case of Trademark Infringement.

TRADEMARK REGISTRATION PROCEDURE IN NIGERIA

1. TRADEMARK SEARCH - Before filing the trademark application, it is highly advisable to perform adequate trademark searches and determine the availability of the proposed trademark.
2. REQUIREMENTS - The following documents and details are required to go ahead with trademark registration in Nigeria:
   • Details of the applicant or proprietor, including name, nationality
   • Well-defined representation of the proposed trademark
   • Class and specification of goods or services for which the proposed trademark is to be registered
   • Power of Attorney (POA) duly signed by the applicant, and where the applicant is a body corporate, by an officer who is authorized to do the same. Note - No legislation or notarization of this document is required.

3. TRADEMARK APPLICATION FILING - Once all the details in the trademark application have been filled and the same is submitted along with the required documents, the Registrar shall issue an Acknowledgement Form, which confirms the receipt of the trademark application by the Registry. Also, a temporary number is allocated to the pending trademark registration.
4. EXAMINATION - The Registrar then examines the proposed trademark to ensure that there is no already existing conflicting trademark, which may preclude its registration. The examination process shall also extend to whether the mark is deceptive, distinctive, or scandalous in any way or not. The proposed trademark must not contain prohibited words, names of single chemical substances, national flag, Arms of Nigeria or state, names of cities, towns, places, and societies, names of living persons or persons recently dead (except with permission).

If the Registrar gets satisfied with the proposed trademark, he or she shall issue an Acceptance Form, which is generally issued within three (03) weeks after the issuance of the Acknowledgment Form. In the other scenario, a Refusal Form will be issued. In the case of acceptance, the application will be published in the Trademarks Journal to notify any interested party that may have an objection to the said trademark registration.

5. OPPOSITION - Any interested party may initiate the opposition proceedings by giving a notice of opposition within two (02) months of the publication of the proposed trademark in the Trademarks Journal. It is imperative to make a point of the fact that this period is non-extendible. The hearing of the opposition takes place before the Registrar, who shall take the decision after listening to both the parties and considering all the evidence in the matter. Additionally, the decision of the Registrar in this matter may be appealed to the Federal High Court.
6. REGISTRATION - If no opposition proceedings are initiated against the proposed trademark or the oppositions are resolved well in favor of the applicant - the Registrar shall issue the Certificate of Registration to the applicant.

TRADEMARK PROTECTION AND RENEWAL TERM IN NIGERIA

In Nigeria, trademarks are registered for an initial period of seven (07) years starting from the date of the application, which can be further renewed indefinitely for periods of fourteen (14) years.

Ref: https://www.kashishworld.com/blog/an-overview-of-trademark-registration-and-protection-in-nigeria/

What Impact Does a Patent Race have on Innovation?

 When we talk about patents, timing undoubtedly matters. In case two inventors are working on the same invention, then the one who reaches the Patent Office first holds the upper hand. The best example of a patent race is - Elisha Gray and Alexander Graham Bell filing the Patent Application for the telephone on the same day. Bell received the patent, started a successful company, and is now synonymous with the telephone; on the other hand, only a few people remember Gray. For quite a while now, economists have been using patent races as a classic example of how firms innovate in a highly competitive environment. Let us now gain more valuable insight into the role of a patent race in the real world.

Winning the Patent Race

It is a matter of fact that yes - a patent office keeps the patent applications secret for sometime after they are filed. The same implies that two companies or firms may end up filing a patent application for the same innovation while not realizing that the other also filed. As per various reports and surveys conducted, a patent race has a significant impact on innovation both in terms of magnitude and direction. Winners, in this aspect, do 14% more follow-on innovation, and losers, in contrast, are near about three times as likely to abandon their innovation. The ones that keep going have to invent around and find some other technical paths to overcome or avoid the patent coverage of the winner.

If we consider the importance of winning a patent race, it won't be surprising to learn that firms in highly contested technology areas (where a patent race is frequent) do more R&D and file many patent applications. Furthermore, they usually patent in smaller steps instead of waiting until bigger milestones are achieved.

Who all are running in the Patent Race?

The patent racing behavior is surprisingly frequent - with somewhere around 10-11% of all the patents becoming a part of the race. In a few technology areas, a patent race occurs even more frequently; for instance, 13% of the patents in communications are in a patent race and 16% in computing, while, in comparison, only 5% of the patents in biotechnology are there in a patent race. There are various reasons, which explain the frequency of patent racing in these areas. In general, the patents in communications and computing are considered weaker, in contrast to the ones in biotechnology. Moreover, companies in fields like biotechnology avoid entering a patent race by either collaborating with the competitors or researching the already existing areas to minimize the risk of paying for expensive medical trials. To be specific, they don't wish to end up without patent coverage.

Bottom Line

All the points mentioned above prove that a patent race is indeed prevalent in the real world and is crucial for innovation. Without any second thoughts, winning a patent race protects the innovators, which, in turn, enables them to take their research agenda to the next level. On the other hand, a patent race deflects the losers, causing them to do less follow-on work and having to 'invent around' the winners.

Ref: https://www.kashishworld.com/blog/what-impact-does-a-patent-race-have-on-innovation/ 

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.

Anti-Counterfeiting Measures and Strategies for Products

Anti-Counterfeiting Measures and Strategies for Products

In today’s era of rapid globalization, combating illicit trade and protecting your brand’s entity can be a cumbersome, tedious, and often an overwhelming process. Counterfeiting has a negative impact on the innovations and investments of not only the IP Rights holders but of the companies as well. Various counterfeit products like toys, spare parts, and pharmaceuticals are of low quality and pose a huge threat to the health and safety of consumers. Therefore, safeguarding goods and products against counterfeiting has become an increasingly crucial prospect for the IP rights holders across the globe. Filing an application form to obtain protection and maintaining a plethora of registered rights only contribute to the first step of acquiring protection towards the IP rights of a firm or a brand.

In the interest of enforceability, companies now organize more anti-counterfeit programs to seek the protection of their registered rights. Nowadays, many of the top managers strongly believe that fighting against counterfeit products is a critical priority as counterfeiters have now become operators of huge manufacturing capacities, sometimes even bigger than the makers of the original brands and entities.

The Anti-Counterfeiting scenario is changing and the IP right holders should acknowledge it by implementing the basic strategies and critical guidelines for protection as mentioned below:

USING LAW PROTECTION:

Law protection and enforcement can turn out to be super beneficial for the IP Right holders to prevent counterfeiters from capturing unauthorized access to the markets. They have the power to suspend the manufacture and release of products suspected to infringe IP Rights. Several big e-Commerce companies like Amazon, Alibaba, to name a few, are now facing lawsuits and proceedings after failing to do enough for protecting their markets against counterfeit goods and services. As a result of the decisions following the lawsuit, few products have already been removed from Amazon and other related companies. Therefore, it is imperative for any country to have a strong legal framework for providing remedies against the wide range and use of counterfeit products.

OBSERVING SERVICES AND MARKET SURVEILLANCE:

IP Right holders should carefully observe the registration of new applicants which could infringe their rights or adversely affect their brand’s reputation. This is generally implemented via “watching services” filtering out only relevant applications which are analyzed to figure out whether any action to raise an opposition is required or not. Such steps if taken in an immediate and efficient way can act as a clear signal to the infringers about how actively the IP Right holders are protecting their brands and entities.

Monitoring online activities is equally important as the internet is considered as a significant gateway for the selling and distribution of counterfeit items. This can be implemented by taking help from specialized firms which can filter the web results to offer relevant findings to the IP Rights owners.

ADDING PROTECTIVE ELEMENTS AND SAFETY FEATURES:

To make it easier for the customers to differentiate between genuine and fake items on their own, products are today produced with safety features and protective elements. These features have attained the utmost importance in the market and should be seriously considered by the IP Rightsholders.

TRACING AND TRACKING SERVICES:

These services involve tracking and tracing every product from the stage of production to distribution, along the way to stores and second-hand shops. Recently a blockchain platform, known as “AURA” was launched by LVMH, a French multinational luxury goods conglomerate headquartered in Paris, along with Microsoft and ConsenSys. AURA offers powerful and real product tracing and tracking services to verify the authenticity of luxury goods in the fashion world. Such initiatives would protect the integrity, interests, and privacy of each brand around the world and shall also safeguard the buyers from low-quality potential counterfeits.

CONCLUSION

In a nutshell, such measures would definitely not serve to put an end to fake trends but the global anti-counterfeiting policy includes a number of elements and strategies which can be taken into consideration while dealing with the potential for the decentralized manufacture of counterfeit goods and services. Naturally, changes to the economy must be observed carefully and policies should be amended and adapted where necessary. 

Intellectual Property (IP) Registration in Russia

In Russia, the laws on Intellectual Property Protection are incorporated in the Civil Code of the Russian Federation. The Civil Code was enabled in 2008 after having a lot of modifications throughout the years. The Intellectual Property Laws in Russia were last amended at the end of 2015.

1. Patent and Industrial Design Protection in Russia
2. Copyright Protection in Russia
3. Trademark Protection in Russia

Patent and Industrial Design Protection in Russia

The Patent Law of the Russian Federation provides a legal framework for Patent Protection in Russia and protects the use of utility models, unique inventions, and industrial property. Furthermore, Russia is a signatory member of the Patent Cooperation Treaty, which allows foreign business companies and organizations to adhere to patent protection in the country. Read More

Copyright Protection in Russia

In Russia, Copyright Protection is given for a term of 70 years to the nationals for the artistic, scientific, and literary works. Both public and unreleased work (including interviews, speeches, and oral creations among the usual creative art) in Russia can obtain copyright protection. Administrative texts, laws, official documents, and folklore are not subject to copyright protection in Russia.Read More

Ref- https://www.kashishworld.com/blog/intellectual-property-protection-in-russia/

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/