In January 2008, the firm donated some money to purchase stationery and snacks for poor pre-school children in two child day-care centres in Chennai, India. The day-care centres are sponsored by the Rotary Club of Annanagar, Chennai. This worthy project keeps the children under a teacher’s care and teaching instead of being left unattended
Archives for April 2008
Descriptive and Generic Marks – Why to Avoid Using Them
Owning a registered trademark gives the owner exclusive rights to do the following:
- to use the mark on its goods and services; and
- to exclude others from using the same or very similar mark on same or related goods and services.
However, this monopoly of rights is given, by Trademark Offices worldwide, only to owners who own trademarks which are distinctive (or unique) per se or marks which have become distinctive through use (where long use of the mark in the market has educated the market to view the non-distinctive mark as a trademark).
Trademark Searches – Worthwhile?
I recently attended a colleague’s wedding, which, despite my inherent detestation of attending weddings, I found quite delightful. I was particularly touched by the lovely speech given by the bride’s father. Speaking from experience, the man had this to say to his new son-in-law, “a man who gives in when he is in the wrong is a wise man; a man who gives in when he is in the right is married.”
True enough, we like to get our own way, especially if it is within our rights to do so. Many companies do this too, they zealously guard their rights and their possessions from being infringed or appropriated by others. But sometimes, a company’s troll-like possessiveness and over-the-top aggressiveness in pursuing the infringer may put the company in a bad light and ultimately its actions may affect the image of the company and the goodwill of its brand.
Before I go any further, I would like to make one thing clear. I do not harbour any proletariat sentiments of common ownership. Quite the contrary, I verily believe that companies should enforce their rights against any infringing parties. Nevertheless, companies should do so carefully and their actions should be proportionate to the severity of the infringement.