Skip to main content

Confusing Intellectual Property Law Firm Names

I have been vigorously in search of a job as junior lawyer or advocate. As a Intellectual Property Law specialized advocate, I also came across many law firms of this discipline. While searching so, I got confused as there were two law firms which had similar names. 

One is Rights & Marks (http://www.rightsandmarks.org/) which is chennai based and has branches in other parts of the world also. 
Another is Marks & Rights (http://www.marksandrights.in/)  which is Cochin based and has a branch  in London also.

I was confused for a minute and started researching about the two firms. Being IP law firms, they have given me some words to fill in this space. I hope all would be aware of Trademarks, which is a source identifier of the brand. Trademark has always been a source identifier or denotes the origin of the brand. This is the theory that has been believed for many years. But there is another new concept called Dilution of trademark. 

Don't the above law firms confuse in some or the other way. Dilution of a trademark occurs when a new seller takes existing popular brand name in order to sell his own goods in the name and fame of that popular brand name. Sometimes the goods might differ. For eg. what comes to mind when we say 'POLO' : 

1. Polo - A mint with the whole
2. Polo - A Volkswagen Car 

Are these names confused among the consumers????? It is determined by the average mind of the consumer when there is a trademark suite before the court of law. On the whole, the above two firms or not the same, they are managed by different advocates. They confused me because, both belong to same business and fall in same class to be said in trademark language. 


Comments

Popular posts from this blog

Suggestion to Indian Trademark Classification of Goods and Services

I cannot guess whether dream has come true or some miracle has happened. Yesterday night I was thinking of classification of goods and services for registering trademarks, as to why there is no proper and elaborate explanation of those goods or services. Rather than saying elaborate, I would suggest to explain it in a very simple english (But most of the laws in India are complex !!!!). I filed an application to register trademark recently for an online shopping site. I did not know whether it comes under goods or services, perhaps it is a service where in the shopping site sells books to consumers,  therefore I was adviced to file it under Class 35 which includes Advertising, Business Management, Business Administration, Office Functions along with Explanatory notes. If this is the case, then why some sites are registering in the Goods Class also when they are not manufacturing that good. For eg., India's Popular Online Shopping Site Flipkart.com has registered its ...

PREREQUISITES BEFORE THE TRADEMARK FILING PROCESS

In the previous post we had a general introduction of what Trademark is, its role and the protection available to the brands. Going ahead, next is about the prerequisites of filing procedure. Filing a trademark application is an easy process if the following  prerequisites or homework is done.  Select a unique name or mark or logo or symbol or sign or caption. Otherwise if you are already using a mark or name or sign or anything else, go ahead for registration of the mark provided you have used or using such mark.  After selecting, make an online search in the Trademark Registry provided in Public Search  http://ipindia.nic.in/tmr_new/default.htm  , to avoid discrepancies in future.  Find out the type of business the company or organisation is running for which they want to register the trademark.  Based upon the findings, you will have to identify under which class of goods or services the business fits. There are totally 45 classes ...

Industrial Property or Intellectual Property?

In the previous post we saw what is law and international law.Now we will get to know what is intellectual property and its international aspect.Intellectual property is an area where every business is rushing to protect , either it is an MNC or SME or R&D etc. Intellectual property is now prevailing almost in all kinds of things that we use in our day to day life for eg. be it a mobile,TV, noodles,apparel,pen,pencil and the list is endless.Earlier "intellectual property" was commonly known as industrial property. It was in the late 19th century that the term intellectual property replaced industrial property which was coined by Josef and Edmond Picard.It is called as intellectual property since such property is created by a human mind or intellect.Lets explore briefly as to what is property before getting to know what intellectual property is? Property means one which confers bundle of rights through ownership and possession and there is also exclusive right over such ...