Category: Trademark

think outside of the box

Did not protect my IPR. What now?

Starting a product-based company without protecting the underlying Intellectual Property is as good as building a house in a public place. Time and again, I've had startups and researchers asking me "what now?" once a competitor replicates their product and markets it better. It is a cakewalk for established businesses to replicate your product and use their marketing experience to pose an existential threat to your business. Think about it. A resourceful businessman finds amazing IP-Free product ideas from "Amazon Launchpad", why would he not replicate them? Let alone small businesses, no company/product is copy-proof in this world. Samsung infamously copied Apple's iPhone design [1]. The Oreo cookie that we know today isn't an original recipe either [2]. The list goes on, apparently, some of the rip-offs are better than their originals [3]. While it is practically impossible to stop everyone around the globe from copying your ideas, it can certainly be curtailed to…

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Does Your Brand Name Qualify as a Trademark?

Your brand name should be capable of distinguishing your product or service from others and it can include: sign;symbol;design;word;colour;any combination of the above; However, your brand name cannot be: descriptive of your goods or services;3-dimensional shapes forming part of your brand name, for example shape of an apple for apples;deceptive;contrary to public order or morality;state symbols, flags, names and emblems; Additionally, you must also identity if the brand name you wish to protect is still available for use i.e., you must conduct an exhaustive search to verify if anyone has already registered identical or similar brand name for trademark protection for similar goods or services. As your trademark attorney, we can carry out the trademark search for the availability of your brand name and help you file the trademark application for registration. For more information or assistance, you can reach us at [email protected]  

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Registering Your Trademark Overseas – Madrid Route

Registering your trademark in India offers protection for your brand only in India and not in any other country. If yours is a business that has a multi-national presence, then you must consider filing your trademark in all those countries to secure your brand to protect your business interests in the global market. Indeed, filing a separate trademark application in multiple countries is both time-consuming as well as a costly exercise. However, by virtue of India being a member of an international treaty ‘Madrid Protocol’, you can protect your brand name in 100+ countries around the world in a simple and cost-effective process. The Madrid system allows you to file a single application along with one set of fees for multiple countries and it also allows you to modify, renew or expand your trademark protection in additional countries via a centralized system. If you are interested in finding out more…

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Securing Your Brand Name – Trademark

As a business owner, protecting your brand name (i.e., the name of your product or service) is one of the important requirement to retain exclusive control over your brand name and prevent others from using your brand name in a confusingly manner for their business. To secure your brand name, you can file for trademark protection with the trademark office. After successfully obtaining trademark registration for your brand name, you can legally: initiate legal action against third party who uses your brand name;you can put the symbol ® next to your brand name;you can also license your brand name for any interested parties; Before you decide to apply for the trademark protection, you can also verify if your brand name qualifies as a trademark. For more information or assistance, you can reach us at [email protected] 

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International Trademark Registration Process – Using Madrid Protocol

The Madrid Protocol aims to simplify the international trademark registration process by allowing brand owners to file a single application with one set of fees for trademarks in 100+ countries around the world. Image Source: World Intellectual Property Organization (WIPO) The process involved in obtaining trademark registration using the Madrid Protocol route includes three main steps. They are: For more information or assistance, you can reach us at [email protected] 

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