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Trademark can be a unique word, name, symbol, design, or the perfect combination of all the above. Trademark law protects and distinguishes the goods and services of manufacturers and indicates the source of goods to protect the brand. To protect the brand under trademarks, one has to register the brand under the trademark registry. Even after registration, the brand might get removed from the trademark registry through section 45 of the trademark act. Section 45 act specifies that if a particular trademark was not in use in the past three preceding years since the time of registration, removal of the trademark is possible from the trademark registry. But trademark owners can challenge section 45 for brand name on dispensing the proper evidence of use of the trademark in the past three years for the goods and services listed in the trademark application.
Now let us focus on knowing what kinds of evidence are required to challenge section 45?
AT&T intellectual property II, L.P v Lecours, Herbert, 2017 FC 734, a well-known trademark, whether AT&T had shown sufficient trademark protection documents for trademark use for the trademark GO PHONE covered under trademark registry for prepaid telecommunication service and wireless voice messaging service. Registrar of Trademark associated at lower level rubbed the registration by finding that AT&T served the target customers of the United States not for Canada over the previous three years. Registrar also found promotions and other advertisement services to Canadian customers in submitted evidence. Still, there was no evidence of services offered for Canadian customers, and the Canadian customers had to leave Canada to the United States to avail themselves of services. So as per the registrar, AT&T did not constitute use of the trademark in Canada. AT&T appealed at the federal court against the registrar's decision. As per the Federal opinion, Canadians had to purchase the required hardware for setting up the GO PHONE account in The United States was not relevant and had to be still purchased from time to time to avail of prepaid services. Though AT&T could not show the necessary evidence of GO PHONE sales in Canada, the federal provided the evidence to AT&T and said Canadians could purchase GO PHONE in Canada and allowed AT&T to maintain its trademark registration.
A trademark is a sign, word, design, or emblem registered under a trademark registry by a company or an individual to represent their goods and services. You can avoid infringement or legally battle an infringer by having evidence of first use of the brand. Trademark registration helps the brand to have legal proof of ownership.
What are brand and logo?
Brand/Logo is a sign, symbol or emblem used to distinguish the source of origin. It is used for the identification of the specific quality of the product or service and represents goodwill and the niche of the business. Using a brand for any business for a long period of time can create brand loyalty among customers. A unique brand or logo will leave a lasting impression on the customers' experience.
Muthirai in Tamil synonymously refers to identity, legal seal, registration, stamping, etc. Muthirai.com is poised to uphold ethical values of creativity leading to the business identity and aggressively voices to safeguard all your business intellectual property.
Trademark registration is very inevitable in all business concerns. A trademark will mean a name, word, phrase, logo, symbol, design, image, or a combination of these elements. A registered trademark is the exclusive property of the owner of the trademark. There are trademark rules and laws to protect trademarks in India. Muthirai is a trademark registration company in Chennai. Muthirai offers all the solutions for the trademark requirements in Chennai.
Muthirai has been in the logo registration for many successful years being one of the reliable trademark registration concerns in Chennai. Along with trademark registration services we do all the needful for the company registration. We also render our service of government plot approvals. Our whole team of professionals, who have been in the field for quite some time, are very clear about their goals. We consider our nature of work as a service. It is very apt to say "Trademark Registration Services."
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Welcome to the world oftrademark registrationand brand protection,where even the most recognizable companies can end up in the middle of intense legal battles over the smallest details.
While these disputes seem strange on the surface, they each reveal important truths about the complexities of brand protection.
You probably know Apple Inc. as the company behind your iPhone, but did you know they had a long legal battle with the Beatles? Yes, that’s right—The Beatles' company, Apple Corps, fought Apple Inc. for decades over the rights to the name “Apple.”
How It All Started
In 1978, Apple Corps, the company owned by The Beatles, filed atrademark objectionagainst Apple Inc., which was then a new tech company founded by Steve Jobs. Apple Corps claimed that the name "Apple" belonged to them, even though they were in the music business and Jobs’ company was focused on computers. But the shared name between the two companies quickly became a big issue.
The two companies settled the dispute in 1981. The agreement was straightforward: Apple Inc. agreed to stay out of the music business, while Apple Corps would retain its rights in the music world.
The Rise of iTunes
For a while, the two Apples kept to their respective industries. But that delicate peace crumbled in 2003 when Apple Inc. launched iTunes, a platform that allowed users to purchase and download music. Apple Corps saw this as a clear violation of the originaltrademark registration agreement.
The newtrademark hearingwas inevitable. Apple Corps argued that Apple Inc. had crossed into their territory by getting involved in music distribution. Meanwhile, Apple Inc. argued that selling music digitally was different from traditional music production. The fight went on for years, with millions of dollars spent on legal fees. This sparked one of the most famoustrademark objectioncases in modern business history.
The Final Settlement
The legal battle raged on, with both companies fighting to defend their trademarks. The turning point came in 2007 when both parties finally reached a settlement. In an unexpected twist, Apple Inc. purchased all rights to the "Apple" trademark from Apple Corps, allowing the tech company to dominate the digital music space. In return, Apple Corps retained certain rights to use the name in connection with its Beatles-related business.
What made this case fascinating was the fact that two companies from completely different industries—music and technology—could find themselves locked in a legal battle for decades, all because of one shared name.
With the 2007 settlement, Apple Inc. emerged as the victor, solidifying its role as a leader in both the tech and digital music industries. Today, when you hear the name "Apple," you're far more likely to think of iPhones, iPads, and MacBooks than the Beatles' iconic music catalog.
But this case serves as a powerful reminder of how important it is to secure and protect yourtrademark Chennai. Whether you’re a small business just starting out or a global brand looking to expand, ensuring that yourbrand registrationis watertight can prevent costly legal disputes in the future.