Madras High Court Restrains Patanjali from Using the ‘Coronil’ Trademark

The controversial drug, Coronil (claimed as a cure for COVID-19), by yoga guru Ramdev’s Patanjali Ayurved Ltd, has quite recently received a blow, with the Madras High Court restraining the company from using the ‘Coronil’ trademark.

Justice CV Karthikeyan has passed the interim order valid till 30th July 2020 on the plea of Arudra Engineering Private Limited, a Chennai-based company claiming that it owns the ‘Coronil’ trademark since 1993. According to the company, which specializes in manufacturing chemicals and sanitizers for cleaning containment units and heavy pieces of machinery, it got the ‘Coronil-213 SPL’ and ‘Coronil-92B’ trademarks registered in 1993 and has been diligently filing all the Trademark Renewals since then. The company stated that its Trademark Rights are valid until 2027. While claiming that its products with the Registered Trademark own a global presence, the company mentioned that its clients include Indian Oil and BHEL. For substantiating its claim, the company also presented the sales bills of its products in the last five years.

The company said that the mark adopted by Patanjali for selling the drugs is identical to its registered trademarks in all aspects. The company further stated that although the products sold by Patanjali are different; however, the use of identical trademarks would still infringe upon its Intellectual Property Rights (IPRs). According to the company, permitting Patanjali to continue using the mark shall have a direct effect on its goodwill and reputation created over its registered trademark for even more than 26 years in both domestic and international markets.

After Patanjali came up with ‘Coronil,’ the Union AYUSH Ministry (the Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha, and Homoeopathy, abbreviated as AYUSH) had, on 1st July 2020, said that the company would be allowed to sell the drug only as an immunity booster and not as a cure for COVID-19.

Ramdev, on the other hand, had reacted to the criticism received on the efficacy of ‘Coronil,’ by saying that some people were hurt by the rise of indigenous medicine. For view source: https://www.kashishipr.com/blog/madras-high-court-restrains-patanjali-from-using-the-coronil-trademark/

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What will happen if you are late in Getting your Trademark Renewed?

In most of the nations across the globe, the duration of Trademark Protection for registered trademarks is ten years; however, indefinite trademark protection can be achieved if the registered trademark is renewed once every ten years. Lateness in filing a trademark renewal application can lead to many complications for the owner, like increased fees, penalty, or losing the protection of the Registered Trademark altogether. Remember, loss of trademark protection is the most serious repercussion of failing to file your trademark renewal on time. Let us now make ourselves familiar with all the risks involved in the same scenario so that you can understand the importance of filing your trademark renewals on time.

1.     Someone else may take the registered trademark

Although it is a rare occurrence – however, there may be a scenario where a competitor snaps up the mark and registers it or a similar one as his or her own. Without any second thoughts, the marks, which are identical or similar to the already existing registered trademarks, aren’t registrable. But, if a trademark is no longer registered, then similar or identical marks can get registered. If there aren’t any forms of pre-existing rights interfering with the competitor’s Trademark Registration of the mark, then it shall never get rejected. This scenario, therefore, leaves the bright possibility of you losing your registered trademark to your competitor if you fail to file its renewal.

2.     Trademark re-registration may not be permitted

Trademark protection may also be lost altogether if, after failing to get a trademark renewed and looking to re-register it, a similar or identical mark gets registered in the meantime. According to EUIPO’s set of guidelines and regulations, a proposed trademark will be denied registration if it is identical or similar to an already existing trademark or interferes with the pre-existing rights. If no such problems existed while the mark was registered but arise after the passing of the renewal date, then all the attempts made to re-register it shall be denied.

3.     Limited classes

If in case, a mark similar or identical to yours gets registered in the Nice Classes, in which your mark was originally registered, then re-registration in the same classes shall not be permitted. According to EUIPO’s set of guidelines and requirements, if a proposed trademark seeks registration corresponding to the goods where there is an already existing registered trademark, then the registration shall be denied. Hence, if you miss your renewal date and go ahead with re-registering the mark at some later stage, then the goods or services against which you intend to use the same may be limited.

4.     Limited countries

In the same manner, if you fail to renew a trademark in multiple countries and a new similar or identical mark gets registered in some of the countries in the meantime, then re-registration at some later stage may geographically be limited as well. The consequences of this inability to re-register your mark in some specific nations can be harsh, which, in turn, would hinder your business profits and prospects significantly.

5.     Late trademark renewal fees

Irrespective of whether any of the above mentioned potential issues come into action or not, the owners who delay the renewal of their registered trademarks undoubtedly encounter additional costs in the form of late fees. In general, the national IP offices do give a grace period after the renewal date, in which the renewals can still be filed. However, waiting until that moment shall bring in greater official charges as compared to filing the renewals on time. For view source: https://www.kashishipr.com/blog/university-of-washington-wins-patent-for-its-innovative-air-filtration-technology/

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Tile Files Four Trademark Infringement Lawsuits Corresponding to Unauthorized Sales

Tile Inc., an American consumer electronics company specializing in providing wireless tracking devices and services, has quite recently filed four Trademark Infringement lawsuits against CellnTell Distribution Inc., 888 Digital Inc., S&W Dealz, and Digital Pavilion Electronics. The four lawsuits are filed in the New York Northern District Court, New Jersey District Court, Massachusetts District Court, and New York Eastern District Court, respectively.

Tile has accused all the four defendants of unauthorized and wrongful promotion and sale of its products. The company sells its products via authorized resellers. Additionally, it has also implemented an authorized reseller network for assuring that all of its products sold meet the high standards of quality control. Tile sells its products under the “Tile” brand, and none of the defendants in this lawsuit filed are authorized resellers. It got its “Tile” trademark registered long back and has been using it since 2014. The company always advertises, distributes, and sells all of its products to the customers under its Registered Trademark.

According to Tile, all four defendants are responsible for offering for sale and selling non-genuine Tile’s products under its registered trademark. It stated that the unauthorized sales don’t have the company’s warranty. It concluded by saying that the defendants are deceiving the customers in the market by selling the products that aren’t covered under Tile’s warranty and also lack quality. For instance, Tile believes that CellnTell Distribution and S&W Dealz are involved in selling stolen products on e-commerce platforms like Amazon by advertising that the products are all new. When it comes to 888 Digital, Tile mentioned that the company is marketing Tile’s products as new and deceiving the customers by selling used, liquidated, or even potentially stolen Tile products on its official business website. Meanwhile, talking about Digital Pavilion Electronics, Tile specified that the company is selling non-genuine Tile products bearing Tile’s registered trademark on Amazon and other platforms.

The defendants’ actions, without any second thoughts, have confused the customers and damaged Tile’s goodwill and reputation as the customers believe that they are buying the legitimate products in the scenario where the reality is the opposite.

As a consequence of these unauthorized actions, Tile has claimed in its lawsuit filed that it is losing upon a lot of profits and suffering a loss of the enormous goodwill and reputation, which the company has created in its registered trademark over the years. Additionally, Tile has stated that the unauthorized sellers have indeed infringed upon its registered trademark via the reproduction, sale, distribution, interstate commerce, and advertisement of its products. At last, Tile said that all the four defendants are involved in willful trademark infringement, unfair competition, deceptive trade practices, and false advertising violations. It is now looking forward to seeking injunctive relief, pre- and post-judgment interest, an award for damages, related costs and fees, and other relief as determined by the courts. ✅  For view source: https://www.kashishipr.com/blog/tile-files-four-trademark-infringement-lawsuits-corresponding-to-unauthorized-sales/

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How Should You Do A Trademark Search in India?

Awareness in regards to Intellectual Property (IP) such as trademarks has gradually increased among Indian individuals, startups, and companies from the past many years. Nowadays, almost every businessman wants to protect a mark, sign, or symbol that can identify his products or services from other entrants. Statistics showed that the number of applications being filed for the registration of trademarks is continuously increasing. Hence, it is crucial for all who wish to enjoy the issue-free benefits of Trademark Registration in India to do a detailed search prior to applying for the same. It will make the applicant confident about the uniqueness of his mark, and increase the probabilities of successful registration. The main purpose of this article is to provide the readers with clarity on how to do the Trademark Search in India.

Trademark Search

A trademark refers to a sign, symbol, logo, or expression that identifies products and services from a particular source. A Registered Trademark gives its owner the exclusive right to use his mark and prevent it from being used by others without his consent.

A Trademark Search is what allows you to know the probabilities your mark possesses for being successfully registered. Knowing such probabilities in advance will help you save your precious time and hard-earned money by not proceeding with the Trademark Registration that has little or no chance of becoming successful. It determines whether the projected mark is existing for the use in relation to certain products or services. As per Indian law, in a trademark search, similar wordmarks and similar names in a specific class can be widely searched. Moreover, a trademark search can be done in the Indian Trademark Registry Database or third-party service provider website.

Steps to do Trademark Search

To do the trademark search in India, you need to visit the official site of the General of Patents, Designs, and Trademarks. The search can be done in any of the following two ways:

1.     Wordmark Search: For the representation of like wordmarks. Steps to do this are as follows:

Step 1: Once the official website opens up, select the search type as ‘Wordmark’ on the top of the webpage

Step 2: In the box present next to the ‘start with’ box, enter the wordmark you want to search

Step 3: Determine the class from 1 to 45 under which your products or services fall.

Step 4: After entering the suitable class, click the ‘search option.’ A report that shows all the similar trademarks and trademark applications will be generated.

Step 5: Choose the option of ‘show detail.’ It will display all the information like application number and date, owner’s details, and trademark status, validity, and description.

Step 6: Click the ‘tick box’ button, followed by clicking the ‘report’ option to save the details of the particular trademark application.

2.     Phonetical Search: For the representation of phonetically similar words. It includes the wider scope of trademark search that provides the user with an assurance that no similar mark exists in case of sound of the mark. Almost every step to do phonetic search is similar to wordmark search except step 1, where you will need to select the search type on the top of the webpage as ‘Phonetic.’

Bottom Line

People often have a query whether a positive trademark search report will serve them with the 100% possibility of success. Well, the answer is no; it doesn’t. Although even the Trademark Attorneys in India and outside find the trademark search beneficial in several ways, it may not provide precise predictions. It is because sometimes, trademark search reports could not identify all potential grounds for rejection or refusal. Hence, it is better to always proceed to Trademark Registration Process under the supervision of an experienced Intellectual Property Law Firm. For more visit: https://www.kashishipr.com/ 

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All About Two Vital Trademark Symbols – TM & ®

Undoubtedly, most of us know that a trademark is a type of Intellectual Property (IP) that comprises a recognizable word, sign, symbol, or expression used to distinguish products of a particular source from those of others. However, this is not all. To get the expected benefits from trademarks, you need to be aware of all vital elements related to this exclusive Intellectual Property Right (IPR). For instance, TM and ® symbols. These are the two significant components of trademarks that often create confusion, thus limiting the gains of people associated with the IP industry. Like many other individuals and organizations, if you are also confused with these two trademark symbols, then this article is for you!

What do Trademark Symbols TM and ® Mean?

The TM symbol is used for unregistered marks to indicate that the preceding word, logo, or slogan, is a trademark, and the owner is asserting exclusive rights in it. As per the Trademark Law of many countries, trademark registration isn’t necessary to use this symbol for your branding. Note that this symbol doesn’t provide a guarantee that the mark is protected legally. In general, people use the TM symbol, while the relevant Trademark Application is under processing.

On the other side, the ® symbol, which includes letter R enclosed in a circle, is used to indicate that the relevant word, sign, or logo is registered and the owner holds legal rights of ownership on the same. With a strong deterrent effect, it warns people that the violation of the related mark will be considered a breach of trademark laws.

When Should Trademark Symbols TM and ® Be Used?

As mentioned above, the TM symbol only notifies people and competitors that you are claiming ownership rights to the name, logo, etc., next to which it is placed, many countries like the US, UK, and others allow you to use it anytime. Though emphasize unregistered class yet TM symbol is enough to deter competitors or other unauthorized users from using a mark that is either the same or confusingly similar to yours.

In contrast, the ® symbol can only be used when you have successfully registered your trademark with the relevant trademark office. In countries such as the UK and the US, using ® or any other symbol, which indicates that a mark is registered when that’s not, i.e., false representation in regards to a Registered Trademark is a criminal offense. Besides, failure to use the ® symbol in these countries could result in the loss of vital remedies required to sue someone for Trademark Infringement. However, in some other nations such as the Philippines and Mexico, it is mandatory to use the ‘registered mark/® symbol’ to maintain the registration. As trademark law and its privileges vary from nations to nations, it is better to step into this field after having precise and comprehensive information regarding the rules of the region where you want to get your mark registered. Knowledgeable IP Attorney can be the best helping hand if you are in any doubt and want precise solutions and guidance.

Where Should Trademark Symbols TM and ® be placed?

The most common location to place these two trademark symbols is the upper right corner of a mark in superscript. Nevertheless, if the placement on the top appears unpleasant, then it is acceptable to place the symbols on the lower right-hand corner.

Which Route Should Be Taken to Obtain Trademark Protection?

Due to some confusing cases associated with the use of trademark symbols, large companies who own many registered trademarks evade using the symbols to which they are entitled. Moreover, in most cases, they use the symbols only for some products, not for all. Electing not to utilize the symbols isn’t a good idea as it can affect legal actions for infringement, and thus, limit the damages that you otherwise can claim.

™ or ®? No matter which route you plan to take as per your needs, Trademark Registration is essential to reach complete protection. Although this may seem simple, the process as a whole can be tedious and could prevent you from opting for trademark registration. But don’t worry as having an experienced Intellectual Property Firm that specializes in registering brands can help you to apply for and get your mark registered without any hassle. What makes it the best way is that most of these companies are willing to do it for you at a reasonable price. For view-source: https://www.kashishipr.com/blog/all-about-two-vital-trademark-symbols-tm/

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Intellectual Property Protection For Your Mobile Apps

In today’s rapidly transforming digital world, mobile apps are continuously evolving. While being a friend that carries almost every work related to our day to day life, mobile apps are something that has made us go ‘on-the-fly.’  Be it emailing, transferring money, or shopping online, mobile applications appear as one of the best ways of performing our daily basis tasks at the fastest possible speed. Moreover, developing mobile apps that attract noteworthy users involves minimal investment, sometimes limiting to as low as a few thousands. These are the reasons why businesses in large numbers are getting involved in developing mobile apps, and thus making the market more competitive than ever before. Undoubtedly, most of the developers keep the competition fair by coming up with their unique apps, but some never hesitate to make profits by copying the already existing ones. Hence, it is worth protecting your mobile apps against replication in the present marketplace where the cost of development might be low, but protection demands more than the complete creation. Let’s make ourselves familiar with some Intellectual Property (IP) tools using which you can prevent duplication of your mobile apps.

Patents

‘Whether mobile applications are patentable or not,’ has been a long due question for the past many years. Well, mobile applications are software interacting with various servers while running on hardware, and when it comes to examining Patent Applications related to mobile apps, every country has different criteria. Hence, we can conclude that there is no straight solution to whether you can get Patent Protection for your mobile application in a particular nation or not. For a precise and comprehensive answer, you should get in touch with an experienced Patent Attorney.

Nonetheless, in general, the technological ecosystem of mobile apps is a subject matter for patentability. For instance, a virtual keyboard, when introduced in mobile phones, for the first time was a patentable subject matter. Several front end elements in mobile applications can be patentable for their novelty, inventiveness, etc. Besides, the ways the mobile apps communicate with a server or other mobile devices may again list under a subject matter of patentability.

Trademarks

Every mobile application works in a step-by-step process. For instance, each mobile app first reaches the online platform, then gets downloaded by users on their devices, and then continuously used by the users. Be it during online promotions, downloading, or after downloading, the name and logo of the mobile application stay the crucial assets as these are what make the customers identify a particular app. Therefore, securing the name and logo as a Registered Trademark becomes remarkably significant. Trademark Registration will not only prevent others from infringing on your name or logo but also establish goodwill that would captivate the users to download and use your app. That’s why it is advisable to identify your app usage and marketing pattern, and thus, obtain specific Trademark Protection.

Copyright

Another form of protection for mobile apps is copyright. Since copyright allows protection of the original work of authorship for literary and creative works, it is beneficial for securing computing codes and presentation of your mobile apps during its workflow on different screens. Other features of mobile applications that can be considered artistic, and therefore, secured under Copyright Protection include images, videos, sound, etc.

In general, copyright comes into effect as soon as you create something new and unique, and there’s no necessity for copyright registration. However, filing a copyright application for protecting copyrightable aspects of your mobile app would be essential as it will help you in cases like Copyright Infringement. Copyright Registration proves to be an efficient tool for the original owner at the time he/she stands in front of the court. If you don’t bother to register your mobile application at the earliest, there are possibilities that you may lose your earnings and business in the hands of others.

Whether to file one combined application for multiple subject matters, including user interface, layouts, images, etc., or separate copyright for each is a noteworthy decision, and can vary from case to case as well as Copyright Law of different nations. Hence, you must always proceed under the supervision of IP experts.

Bottom Line

Mobile applications are a part of fast-moving technology that continuously changes and comes up with new aspects. Due to this, mobile apps that often appear just a part of businesses, at times, become the entire business itself. Ola, a cab service providing app and WhatsApp, an instant messaging app are the most common examples where the mobile application has turned into the whole business. That’s why you should always devise an appropriate Intellectual Property Protection strategy that lets you extract maximum profits from your mobile application without worrying about infringers. For view source: https://www.kashishipr.com/blog/intellectual-property-protection-for-your-mobile-apps/

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