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Showing posts from November, 2009

On using generic terms as Trademarks

Most of my clients want to adopt some thing that shows signals to the products or services they are into. Instead of creating a brand for themselves they want to rely on generic term. They should know that it is the same case with every trader. So it is better to adopt a distinctive term than a descriptive or suggestive name. Read HOTELS.COM, HOW GENERIC—TRADEMARK LOST ITS LUGGAGE! http://brandaideblog.com/advertising/hotels-com-how-generic%e2%80%94trademark-lost-its-luggage/

On new international agreements on anti-counterfeited products and services

Instead of getting a new international agreement in place which will create too much of confusion, we should try and adopt better enforcement mechanisms through the existing agreements like TRIPs. Part III from Article 41 t0 61 and special requirements related to border measure from Article 51 need to be incorporated in national law of every state to strength IPR Enforcement. More importantly every individual need to be educated to respect Intellectual property rights of others rather than enforcing the same through legal mechanisms. Individuals should feel responsible for creation intellectual property and respect the same. Morality should play important role here; individuals should feel guilty of encouraging counterfeiter and counterfeiter should feel guilty for encroaching the Intellectual property rights. Most of the nations, people are not aware of their intellectual property rights and to the maximum intellectuals creating intellectual property are exploited by the wealthy commu...