Mar 13, 2023 | Key Terms of Patents Act
After the patent for an invention has been filed or granted, sometimes inventor feels that he has another invention to be patented, which is modification of the first invention (in this Act the first invention is referred to as the “main invention”). In such a case inventor can file patent of addition for the second invention instead of filling separate application. Such application based on the second invention is called as “Patent of Addition”.
The advantage of filing patent of addition is that no separate renewal fees are required to be paid for patent of addition. When main patent gets expired, patent of addition automatically gets expired and has no separate and independent existence. However, under certain circumstances, the Controller can convert patent of addition into independent patent on request of the applicant.
Illustration
An invention relates to a novel process of making automobile paint. Inventor files patent application for the invention and patent gets granted. After further research inventor finds a better process for making automobile paint which is modification of the main invention but is not a subject matter of a separate patent. In such a case he can file patent of addition and such patent is part of main invention.
An application made for a patent in respect of any improvement or modification of an invention described or disclosed in the complete specification already applied for or has a patent is called as Patent of Addition.
In order to be patentable an improvement, should be something more than a mere workshop improvement and must independently satisfy the test of invention. The major benefit is the exemption of renewal fee so long as the main patent is renewed. A patent of addition lapses with the cessation of the main patent.
U/S 54 [Patents of addition], when an applicant feels that he has come across an invention which is a slight modification of the invention for which he has already applied for or has obtained patent, the applicant can go for patent of addition, since the invention does not involve a substantial inventive step. However, a patent of addition will not be granted unless the date filing of Application was the same or later than the date of filing of the complete specification in respect of the main invention.
U/S 55 [Term of patents of addition], the patent of addition expires on the same day as the main application irrespective of the date on which patent of addition was filed. Though main patent and patent of addition have same term, under certain circumstances, the patent of addition can be made as independent patent.
Illustration
Date of filing main application: 29th January 2006
Date of filing patent of addition: 15th November 2009
Date of expiry for both main application and patent of addition: 29th January 2026
U/S 56 [Validity of patents of addition], the validity of a patent of addition shall not be questioned on the ground that invention ought to have been the subject of an independent patent and on the ground that the invention claimed in the complete specification does not involve any inventive step having regard to the publication and use of the main invention.
Therefore, patent of addition is an effective and economical way to protect improvements in the main patent.
Watch Video HERE
Subscribe to YouTube Channel HERE
Join India’s largest Linkedin Group: Indian Patent Agent Exam
Mar 12, 2023 | Indian Patents Act 1970, IPR & Business, Key Terms of Patents Act, Patent, PCT, Startups
Patent is a valuable intangible asset, more important today, as India initiates “Vocal for Local movement” because of which importance of patents is much more than before. Before we proceed further, lets understand what a patent is. Well, patent is a kind of Intellectual Property Right, granted by the Government to the inventor for new, useful and non-obvious inventions for a specific period of time. Patent protection for the invention is for 20 years from the date of filing, provided renewal fee is paid in time and patent is not revoked for any reason. Another interesting thing about a patent is that patent rights are territorial. Indian Patent is valid only in India and in order to get patent protection outside India, you must file separately in the countries where you want to have patent protection.
There are lots of advantages for the business to file for a patent
- Disclosure becomes easy: As soon as you file a patent application, the receipt of filing application is generated that contains date of filing patent application, i.e., priority data and application number. Since you obtain date of priority upon filing application, disclosure of the invention becomes easy.
- Protects your inventions: You can protect your invention legally by a patent as patent is a statutory right granted by the Government. Once you have a patent, you can prevent third party’s from making, using, offering for sale, importing the patented invention in the country where you have patent protection. Further, once you have patent, you can always license your patent and join hands with a progressive enterprise to bring product in the market.
- Branding of company/products: After patent is filed, you can label your products as “Patent Applied for” whereas after grant of a patent, you can label the product as “Patented”. You can put status of “Patent applied for” or “Patented” on your web site, corporate presentations, and it helps you to brand your company/products better.
- Better valuation of your company: Like your tangible property, Patent is also a valuable intangible asset. Using specific techniques, value of a patent can be assessed and this adds to overall valuation of your business. This may be useful at the time of acquisition/merging.
- Enforcement of patent right: If your patent is infringed by third party, you can enforce your rights to stop using your patent. For example, VirnetX company had four patents (U.S. Patent Nos. 6,502,135, 7,418,504, 7,921,211 and 7,490,151), which Apple Inc infringed in its FaceTime Video calling service. Apple was sued by VirnetX and in this case Apple paid $368 million to VirnetX as damages.
There are several reasons for the companies to file for patents, however, initial due-diligence is important before filing for a patent to ensure that the patent adds value to the business. For any innovation and research driven company, following steps may be useful to set up right steps to create repository of new ideas and channelize them in right way:
- Perform an internal Audit to take stock of ongoing research projects
- Repository of new ideas shall be created. It is a good idea to create standard Invention Disclosure Form (IDF) where research team can document and submit invention to IP committee
- You can screen and prioritize the inventions received and plan to file for patents for the shortlisted them
- Identify right legal framework to protect them. There may be possibility of protecting the innovations as patent, copyright, design, trademark etc.
- Finally, find out right consultant to help you, based on area of technology and experience of the consultant.
- File your patent application to obtain application number and date of filing. To start with, you can file your application in India and later on, within 12 months from the date of Indian filing, you may, based on business needs, international application may be filed.
Patent could be a valuable asset for your company and systematic steps, processes and policies within the organization can help you in a big way.
Subscribe to our YouTube Channel HERE
Contact us at to avail services in Patent, Trademark, Contracts, Patent Licensing, M&A
Email: info@origiin.com
Whatsapp: +91 7483806607
Mar 12, 2023 | Indian Patents Act 1970, IPR & Business, Patent, PCT, Startups
A patent is statutory grant by Government for the inventions (a Product or a process) that are novel, industrially useful and non-obvious to a person skilled in the art. It gives its owner the exclusive right to prevent or stop others from making, using, offering for sale, selling or importing a product or a process, based on the patented invention, without the owner’s prior permission.
Date of filing patent application is very significant in patent law. The day of first disclosure of the invention to patent office is called as “Priority Date”.
A very famous example to prove importance of first filing or getting earliest priority date is telephone patent controversy in 1870s, where two inventors Elisha Gray and Alexander Graham Bell both independently designed devices that could transmit speech electrically (the telephone) and both men rushed their respective designs to the patent office within hours of each other, Alexander Graham Bell patented his telephone first. Elisha Gray and Alexander Graham Bell entered into a famous legal battle over the invention of the telephone, which Bell won. Today we all know Alexander Graham Bell as inventor of telephone.
In order to claim the earliest priority date, the inventor may be interested in filing provisional patent application. The filing of provisional application enables the inventor to have “Patent Pending” status for the invention. In case, the applicant has filed provisional application, the complete specifications shall be filed within 12 months of filing provisional application. Provisional application can only be filed in Indian Patent Office [National Office] and not at PCT or convention country. Immediately on receiving the Provisional Specification the Patent office accords a filing date and application number to the Application.
Contact us now!
The main advantages of filing provisional application are:
Drafting provisional application is less-time consuming compared to drafting complete specifications, hence it is quick method of claiming the earliest priority date
Gives 12-month time to the inventor to take decision on whether he wants to file complete specification or not. This 12-month period is also useful for the inventor to assess the invention commercially.
Applicant has to file complete specifications within 12-months of filing provisional application.
Prime stages from filing patent application till the grant are as follows:
Filing application: You may file complete or provisional application in India to claim earliest priority. However, if you don’t wish to file in India and directly want to file in foreign country, Foreign Filing Permission is required from Indian Patent Office. If provisional application is filed, the complete application shall be filed within 12 months from the date of filing provisional application. The complete specification can be filed directly as a PCT application after taking necessary permission if required.
Publication: The application is published by patent office after expiry of 18 months from the date of filing. Date of publication is very significant as upon publication the invention forms part of prior art. After publication, in case anyone is interested, the application may be opposed on various grounds such as lack of novelty, non-obviousness, industrial application etc. Indian patent law also provides a provision for early publication of application before the expiry of 18 month on request by the applicant.
Examination: After publication, examination of the application takes place and on the basis of examination, examination report is sent by the examiner that has to be replied in a given period of time.
Grant of patent: After replying examination, applicant may hear grant of the patent and this is the time when payment of annual renewal fee to maintain patent is also to be made. Grant of patent is published and in case anyone is interested, the patent may be opposed on various grounds such as lack of novelty, non-obviousness, industrial application etc.
Contact us now!
Foreign filing
If the applicant is interested in filing patent application in foreign country (ies), it shall be done within 12 months from the date of priority. Once foreign filing is done, we will submit “Priority Document[1]”, obtained from India Patent Office to the foreign country or PCT as the case may be.
Foreign filing of application can be of 2 types:
- Convention application: When an application is filed directly in a country which is a member of Paris Convention is called as convention application. For example, if you file in India and then directly file in USPTO, the application filed in USPTO is called as Convention Application.
- PCT application: This is application filed though Patent Cooperation Treaty (PCT) which is a filing platform (does not grant patents) and enables you to file application in multiple countries within 30 or 31 months from the priority date. The PCT is only a patent filing procedure and does not provide for the granting of patents. The granting of patents is the responsibility of each individual member countries (Contracting States).
The above timeline provides a graphical representation of the PCT procedure and sequence. Typically, first patent application is filed national or regional patent Office. This patent application is commonly referred to as the local application
Filing a PCT application
PCT application is filed within 12 months from the filing date of local (first) patent application with the Receiving Office of national or regional Patent Office. It can also be filed directly with the Receiving Office of WIPO, if permitted by the national security provisions of applicant’s national law [Refer Section-39 of Indian Patents Act, 1970].
PCT application will have the same legal effect as a separate application filed in each PCT country.
Contact us now!
International Search Report (ISR) and Written Opinion of the ISA
Every international patent application is subjected to an “international search” by an International Searching Authority (ISA). An Applicant of an International Patent Application is sometimes given the choice of having a search done on the invention at a patent office other than at the Receiving Office. The patent office which performs the search is called the “International Searching Authority.”
Indeed, not all Receiving Offices are qualified to act as International Searching Authorities, and therefore International Applications filed at such Receiving Offices are regularly referred to a different patent office than where the International Application was initially filed for purposes of having a search of the prior art made. Even when the patent office functioning as the Receiving Office also has the status of an International Searching Authority, agreements may have been entered into which allow another patent office to serve as the International Searching Authority at the election of the Applicant.
An International Search Report and a written opinion from the competent ISA will be provided to the applicant within 16 months from the filing date of local application. The written opinion complements the ISR by providing a preliminary non-binding patentability assessment of the invention taking into consideration the references contained in the ISR.
India as ISA and IPAE
WIPO (World Intellectual Property Organisation) has recognized the Indian Patent Office as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty (PCT).
The recognition as an ISA and IPEA would be beneficial for India in several ways. International applications received by the WIPO under the PCT route sent to India for search and preliminary examination would generate revenues in the form of fees usually paid to ISA and IPEA. The new status would allow Indian companies and inventors to avail patentability search and obtain International Preliminary Examination report (IPER) and written opinions on a much faster and cheaper way.
Contact us now!
International Preliminary Report on Patentability (Chapter I of the PCT)
ISA sends report on patentability to the applicant. After having considered the written opinion of the ISA, the applicant may decide not to continue with the assessment of PCT application and not file a demand for international preliminary examination[2]. In this case, WIPO will attach a cover sheet to this written opinion effectively converting it into the international preliminary report on patentability (Chapter I of the PCT). The international preliminary report on patentability (Chapter I of the PCT) is available for public inspection 30 months after the priority date of PCT application (the date of first-filed local patent application).
International Publication
The International Bureau of WIPO will publish PCT application on PATENTSCOPE® shortly after 18 months from the priority date of applicants PCT application. Publication provides technical disclosure of applicant’s invention fuelling greater technological progress and development.
PATENTSCOPE® is a free search service offered by the World Intellectual Property Organization (WIPO). It is made up of two databases, each with its own search interface.
Contact us now!
Supplementary International Search (Optional)
Under PCT system, the applicant is given an option of supplementary international search carried out by participating International Searching Authorities, upon request by the applicant. The request for supplementary international search may be filed any time prior to the expiry of 19 months from the priority date. The supplementary search is completely optional but may be of interest in cases where a more complete overview of the prior art is desired, particularly in respect of specific languages. The supplementary international search service is not available across all International Searching Authorities. Those offering this service do so against the payment of a fee. The supplementary international search report prepared by the International Searching Authority should be available by 28 months from the priority date.
Filing of a Demand for International Preliminary Examination (Chapter II of PCT) (Optional)
This part of the PCT procedure is optional. If the applicant is not entirely satisfied with the contents of the written opinion, he may decide to continue the assessment of invention under the PCT by filing a demand for international preliminary examination with a national or regional patent Office that has been appointed as an International Preliminary Examining Authority (IPEA) under the PCT. Each PCT Member State has appointed at least one IPEA to perform international preliminary examinations for its applicants, referred to in PCT terms as the “competent” IPEA.
Applicant is given at least 22 months from the priority date of his PCT application to file demand for international preliminary examination with the competent IPEA.
International Preliminary Report on Patentability (Chapter II of PCT)
An international preliminary examination may optionally be requested (“demanded”) by the applicant. The international preliminary examination is conducted by an authorized International Preliminary Examination Authority (IPEA). This results in an International Preliminary Examination Report (IPER).
At about 28 months from the priority date, the IPEA sends an international preliminary report on patentability (Chapter II of PCT) containing the opinion of the IPEA for national or regional Offices to use in assessing the patentability of applicants invention. This report is a non-binding opinion on patentability and is only provided to applicants who have filed a demand for international preliminary examination.
National Phase Entry
National phase follows international phase. Entry into the national phase represents the end of the international phase of the PCT procedure and the start of the national patent grant procedure. During national phase the applicant can file patent application in the countries of his choice within prescribed time. A PCT application has to enter into nation phase with in 30 or 31 month from the priority date.
The international preliminary report on patentability (either under Chapter I or Chapter II), received during the international phase of the PCT procedure, will help the applicant to evaluate the chances of obtaining a patent in the countries of his interest. The international preliminary report on patentability also provides guidance to patent Offices on whether a patent should be granted for the invention.
Once entered in to the national phase, the patent application is subjected to the patent laws, regulations and practices of each country. Rejections on form and content may not be raised provided that they conform to the requirements of the PCT.
Contact us now!
When a PCT application is filed in India at national phase, it is processed under following stages:
1. On receipt of an application, the Office accords a date and serial number to it. PCT national phase Applications and non-PCT Applications are identified by separate serial numbers.
2. All applications and other documents are digitized, verified, screened, classified and uploaded to the internal server of the Office.
3. Patent applications and other documents are arranged in a file wrapper and the Bibliographic sheet is prepared and pasted on the file cover, so that the files move on for storing in the compactors.
4. The Application is screened for:
a. International Patent Classification.
b. Technical field of invention for allocation to an examiner in the respective field.
d. Correcting/completing the abstract, if required. If found not proper, the abstract will be recasted suitably, so as to provide better information to third parties.
5. Requests for examination are also accorded separate serial number.
Advantages of PCT
The PCT is an important part of the international patent system and application filed at PCT is also called as international application or PCT application. It provides a worldwide system for the simplified filing of patent applications that:
- Brings the world within reach
- Postpones major costs and provides the applicant with additional time to consider his various patenting options
- Provides a strong basis for patenting decisions
- Used by the world’s major corporations, universities and research institutions when they seek international patent protection
A single PCT application has the same legal effect as a national patent application in each of the PCT Contracting States. Without the PCT, one may have to file a separate patent application in each country of interest.
Contact us now!
Subscribe to our YouTube Channel HERE
Contact us at to avail services in Patent, Trademark, Contracts, Patent Licensing, M&A
Email: info@origiin.com
Whatsapp: +91 7483806607
[1] It is a certified copy of the application which is issued by Indian Patent Office and it is required by foreign country as a record or Indian filing.
[2] Filing demand for international preliminary examination is optional.
Mar 12, 2023 | Indian Patents Act 1970, Patent
Dispelling Misconceptions About Software Patents
I am a patent attorney based in the U.S. who specializes in obtaining, maintaining, and enforcing patents on computer technologies—including software—for clients worldwide. I have personally written and obtained hundreds of software patents in the U.S. and many other countries over almost two decades. Yet I continue to hear sophisticated technologists, businesspeople, inventors, academics, and others express significant misconceptions about software patents. With this article I hope to clear up the most prominent of these misconceptions.[1] – Robert Plotkin
Myth: Software Is Not Patentable
Many continue to believe that software cannot be patented. This is not true. Patents on software are granted routinely every day and have been granted regularly for decades. There was an explosion in the number of software patent applications filed in the U.S. in the 1990s after a series of court decisions significantly expanded the patentability of software, and software patents have been a staple of the U.S. patent system ever since that time.
Even in Europe, where the European Patent Convention (EPC) prohibits patents on computer programs “per se,” software patents are issued regularly. To overcome the EPC’s apparent prohibition on software patents it is necessary to use expert knowledge of the EPC to draft each software patent to point out clearly the technical effect and contribution of the invention. The same is true in many other jurisdictions. Although certain particularly abstract kinds of software may not be patentable, the assumption that no software is patentable anywhere is false in nearly every jurisdiction and has been so for a long time. The key to obtaining a strong and defensible software patent in any jurisdiction is to retain the services of a patent practitioner who is well-versed in the laws of that jurisdiction as they apply to software.
Myth: Software Patents Are Not Valuable
Even those who understand that software can be patented often falsely assume that software patents are not valuable because they are too vague to enforce or for some other reason. The evidence demonstrates, however, that software patents have proven to be among the most valuable kinds of patents that can be obtained.
For example, consider the near-legendary RSA encryption patent (U.S. Pat. No. 4,405,829), which covered both hardware and software implementations of RSA’s groundbreaking encryption algorithm. This patent was licensed to countless companies for untold millions of dollars over the course of its 17-year lifespan. Several of RSA’s competitors attempted to invalidate the patent in court but none succeeded. Cryptography companies reportedly held parties when the RSA encryption patent expired in celebration of their ability to use the RSA encryption patent without needing to pay licensing fees to RSA any longer.
A well-drafted software patent can cover a wide variety of implementations of a particular invention. Furthermore, a software patent application can be filed based merely on a sufficiently detailed description of how to create a software invention, without the need to have created a working version of the software itself in most cases. As a result, careful planning can enable innovative software companies to file broad software patent applications early, thereby obtaining software patents that can later be used either offensively or defensively against a wide variety of infringing parties. These and other features of software patents can make them particularly valuable assets.
Myth: Copyright Protection is Sufficient for Software
The code of a computer program is protectable by copyright law. As a result, many falsely assume that obtaining copyright protection for a software application is sufficient to provide complete legal protection for that application. This assumption is based on a failure to understand key differences between the protections afforded by copyright and patent law. Copyright law protects only the expression of an idea. In the case of software, this means that copyright law protects the particular way in which a computer program is expressed in code. Copyright law does not, however, protect the functions performed by a computer program. For example, copyright protection for a computer program which uses an innovative algorithm to control a thermostat protects only the particular code contained with the program, leaving others free to write their own software which performs the same algorithm using different code. Furthermore, a copyright on such a program can only be used by the copyright owner to stop others who have access to the copyright owner’s program from copying that program, not to stop others from independently inventing the same program themselves.
In contrast, a patent can cover the functions performed by a computer program, regardless of the particular program code that is used to implement those functions. Furthermore, a patent can be infringed by someone even if that person had no prior knowledge of the patented invention. In the thermostat example above, assuming that the thermostat control algorithm is sufficiently novel and inventive, a patent can be used to obtain protection for the algorithm regardless of the particular code that is used to implement it, and regardless of whether the infringer copied the original inventor’s algorithm or created it independently. As a result, a patent can provide significantly stronger and broader protection for software than copyright. As a result, in many cases it is advantageous to secure both copyright and patent protection for individual computer programs.
Myth: Software Inventions Must Include New Hardware To Be Patented
Although some patents covering software also include innovative hardware, this is not always the case and need not be the case to satisfy the law in the vast majority of jurisdictions. To understand why, keep in mind that the act of programming a computer with a computer program causes the computer to be reconfigured into a new state. This resulting programmed computer contains hardware which has been configured to perform a particular function specified by the software with which it has been programmed. If the computer program is novel and inventive (“nonobvious” under U.S. patent law), then the resulting programmed computer contains inventive hardware. As a result, typically it is not necessary to invent any additional special hardware to satisfy the legal requirements for patentability.
This is not to say that every computer program—even every new computer program—can be patented. A computer program which merely plays a particular song will likely be seen as failing to satisfy the “utility” requirement under U.S. patent law, the “industrial applicability” requirement under the European Patent Convention, and similar requirements in other jurisdictions. That is why a patent firm with expertise in the law of the applicable jurisdiction must be consulted in connection with every software patent. The fact that some computer programs cannot be patented does not, however, alter the general conclusion that most software for performing patentable functions can be patented if it satisfies the applicable legal requirements and if the patent application is written by a competent patent practitioner.
Software patents have been a feature of patent systems worldwide for decades and will continue to remain prominent and valuable assets of leading technology companies. Any organization which develops innovative software must consider software patents as part of its overall intellectual property strategy. The law governing software patents is complex and requires both sophisticated knowledge of computer technology and expertise in the patent law of the relevant legal jurisdiction. Furthermore, the law governing software patents tends to change rapidly in response both to new legislation and decisions rendered by patent offices and courts. As a result, successfully implementing a software patent strategy requires close cooperation with a patent firm with deep experience in software patents to avoid the many pitfalls that can befall the unwary.
By: Robert Plotkin, Esq.
Patent Attorney
Blueshift IP, LLC
About the Author
Robert Plotkin, Esq. is a U.S. patent attorney specializing in patent protection for software and other computer technologies. He is the founder of the law firm of Robert Plotkin, P.C. (www.rplotkin.com), which represents leading technology companies worldwide. Attorney Plotkin is recognized as an expert in the subject of software patents and has written, spoken, and taught extensively on the topic internationally.
Subscribe to our YouTube Channel HERE
Contact us at to avail services in Patent, Trademark, Contracts, Patent Licensing, M&A
Email: info@origiin.com
Whatsapp: +91 7483806607
[1] Although the statements made in this article apply primarily to U.S. patent law, they also apply to a greater or lesser degree in other countries.
Mar 9, 2023 | Trademark
Trademarks play a very important role in any business as they represent and become as the identity of a business. Trademarks are a form of Intellectual Property (IP), which is empowered by The Trade Marks Act, 1999 in India. Section 2 (zb) of the Act defines a “trademark” as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.
In the Act, section 2 (m) defines a “mark” as a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours. From the above definitions we can understand that the meaning of trademark is really broad in India. It is really important to choose the trademark for your business carefully so that the customers can distinguish your services or goods from others. Distinct trademark not only helps companies to build a strong trademark but also makes the process of trademark registration smooth because there are less objections during the process of registration. Further, a distinct trademark is less likely to get into any legal disputes. Thus, coining the right mark and protecting it in the initial phase helps in multiple ways.
Things that need to be avoided while choosing a trademark
Section 9, ‘absolute grounds for refusal of registration and section 11, relative grounds for refusal of registration’ of the Act need to be kept in mind while choosing a trademark. Some of the important points from these sections are given below.
- The customers should be able to distinguish the trademark. It must not be confused with other trademarks. Here, trademark search becomes very important.
- The trademark should not be describing the product or service. It shouldn’t be descriptive by providing the kind, quality, quantity, intention, values, geographical origin, characteristics of product etc.
- It shouldn’t be misleading the public in any way.
- The trademark should not hurt any religious susceptibilities.
- Shape of the goods should not represent the goods itself.
- Cannot be identical or similar to an earlier trademark or well-known trademark.
Points that help in finding an attractive trademark
- The mark should be comfortable for the public to read, pronounce and remember.
- It is better not to choose words that can be interpreted by different meanings in any language.
- A mark, which is easy to advertise, will help to make an impact in the customers mind.
Types of trademarks:
- Fanciful marks: Inventing fanciful words without any meaning is easy to protect but requires proper advertising for customers to remember. For example, “BATA” for footwear, “GOOGLE” for web services, ZOMATO for food delivery, etc. These words have no meaning or relation with the services or goods they provide.
- Arbitrary Marks: These are the trademarks where the word or words has meaning and which will be in common use but doesn’t have any relation with the product and services provided by the entity. These marks also need proper advertising for the customers to understand the products and services. For example, “SHELL” for petroleum goods, “BLACKBERRY” for telecommunication devices, “APPLE” for personal computers, etc.
- Suggestive Marks: For a suggestive mark, words are chosen without describing the product but provide some resemblance with the product and services. These marks require less advertising because the customers can get a hint from the mark itself but these marks are difficult to get protection. For example, “AIRBUS” for an aircraft manufacturing company, “EATFIT” for healthy food delivering cloud kitchen, etc.
- Descriptive marks: These marks are very weak for getting protected. These marks describe the product but not in direct meaning. The main advantage of having a descriptive mark is that these marks require less advertising, because, the public can easily understand what the product is. Example “PIZZAHUT” for a pizza restaurant, “CARDEKHO” for used and new car sales platform, etc.
- Generic words for trademark: Companies and enterprises cannot use a term that is like “printer” for a printing machine as a mark. A generic word used as a trademark which later on is used to describe the whole product category could lead to a loss of distinctiveness. This is called as genericide. Some examples are of this are “XEROX”, “SUPERGLUE”, “JET SKI”, “BAND-AID”, “ASPIRIN” etc. These products have lost their distinctive identity.
Conclusion
The strongest and easily protectable trademarks are fanciful marks (Ex: Google) and arbitrary marks (Ex: Amazon). These trademarks are distinctive, easy to remember and pronounce, and also makes an impact in the minds of public.
Author: Kailesh Gopi
Please contact us at info@origiin.com to know more about our services (Patent, Trademark, Copyright, Contract, IP Licensing, M&A of companies)
Subscribe to YouTube Channel HERE
Join LinkedIn Group: Innovation & IPR
WhatsApp: +91 74838 06607
