On this auspicious day where we celebrate The International Intellectual Property Day, we need to remember one fact. The fact concerns maintaining and valuating an Intellectual Property.
Intellectual property valuation is an equivalent of valuing a business asset. As we progress through time it is quite important that your TM, copyrights, copyrights patents and designs should be evaluated from time to time. Evaluation process is a very strenuous process which involves carefully analyzing multiple factors that help determine why the intellectual property may have increased or decreased in its value. For example, if a business utilizes a trademark, then it is quite important to understand how much investment has gone into protecting that trademark. Furthermore, it is also important to understand what is the current market value of the trademark. The trademark may be utilized for multiple purposes such as branding a product, branding a service, for advertising the company, or for something as simple as creating an identity for the company. In the case of the well-known Trademark “Apple” we know that the trademark and the logo in particular have a very strong value in the market. This value can be determined by the amount of investment that has gone into protecting the Apple logo and the fact that the Apple logo is easily recognizable by most of the individuals who are aware about phones and Technology. It is well-know that apple has also invested a lot in promoting their brand especially their logo through advertisements, jingles, commercials and through their product designs. This has placed Apple at a level where its logo itself talks about the value of its product and its services. Furthermore, if one searches for apple over the world wide web it is easier to notice that it has a lot of ratings as a company, it has a very strong social media reach as a company, and in today’s date the Apple product created by the late Steve jobs is identified before the fruit in itself.
Anyone illegally attempting to utilize the Apple logo can be penalized in Crores because of the value that the trademark holds. The ability to identify this value of the trade mark is called as IP valuation. IP valuation helps people and businesses to estimate the right costing that needs to be imposed on royalties for utilizing the trademark, and for franchising the trademarks.
Therefore, a strong well-built company without a mechanism to value its intellectual property would be a company foolish enough to run a show without knowing its own abilities and strengths.
In India there is no legislation which lay down the rules that are required to protect the data of a person. In recent times there have been allegations upon the government that the individual’s data has been used by the government without their permission. With so much of technological development and IT laws there it is a need of an hour where parallel laws related to data protection must be formed and an authority must be created.
What are Data Protection Laws?
Law which provides guidelines on how to use the data of any personnel or any individual. These laws create an authority as well as give the security to the personal data of the individual where the privacy of any individual will be maintained.
In today’s world almost 80 countries have formed data protection laws where no government can use the data of any personnel or any customer.
Personal Data Protection Bill, 2006:
In India various IT companies and BPO have access to all types of sensitive and personal data of individual across the world. All the data stored by these companies is in electronic form and such data is vulnerable because that particular data is used by the employees of that company and oftenly it is misused by the employees of the company.
There is no express legislation on this issue. In 2000 Information Technology Act was brought into force and a pari materia bill was introduced in the Parliament in the year 2006 i.e., Personal Data Protection Bill. However, this bill is yet to get the approval of the house. This bill was based on the general framework of the European Union Data Privacy Directive, 1996. The scope of the bill is extended up to the collection, processing and distribution of personal data.
The bill applies to government and the private companies who are involved in using the personal data as well as the bill talks about the appointment of Data Controllers who have the adjudicatory jurisdiction over the subject covered by the bill. The bill provides penalty for the offenders as well as grants the compensation to the victims.
What is the future of data protection laws in India?
Recently a bill was introduced in the Lok Sabha. The objective of the bill is to protect the privacy of personal data and regulate the processing of sensitive and critical data and also to establish Data Protection Authority of India for regulations.
The basis of this particular bill lies on 3 parts:
The judgment given in KS Puttaswamy vs. Union of India where Right to Privacy was considered as the Fundamental Right;
Directions issued by the Supreme Court to Central Government to frame related laws; and
Justice Srikrishna recommendations and draft on privacy protection.
Justice Srikrishna said that privacy protection is a burning issue and it has 3 aspects related to it. “The citizen’s rights have to be protected, the responsibilities of the states have to be defined but the data protection can’t be at the cost of trade and industry.” So it can be clearly inferred that in his report that the particular rights are given to safeguard the rights of citizens but not at the cost of the development of the country. In his report he also proposed penalties for violation, criminal proceedings, setting up of the data authority provision of withdrawal of consent and concept of consent fatigue.
The bill that has been laid down in the parliament has certain provisions which might be very useful for the protection of the data and will also help the government to use the data for the sovereignty and national security.
Conclusion
In today’s world one of the most important information is personal data. With so much of technological development a strong legislation is required to protect the data of an individual. The personal data may include thumb print, eye retina scan, digital signature, etc. These are certain kind of information for which an individual gives his/her permission to use without hesitation so it’s the duty of the government to frame data protection laws to help in saving the personal data or private data of any individual.
On 26th April 2020, we are celebrating World Intellectual Property Day, on this occasion let us analyse the effect of one of the major controversial concepts in the IPR. That is about the Computer Software. Whether Computer Software should be granted Patent protection or Copyright protection? The world was divided into two categories: Pro-Patent protection and Pro-Copyright protection. In this article we shall not go into detail about the above question. But we shall analyse the consequences of Copyright protection for Computer software.
A copyright protection when compared to patent protection, the term of Copyright protection is lifetime plus 60 years whereas the term of protection for Patents is just 20 years. This is a major advantage of having Copyright protection over computer software. Many IT giants have been benefitted by this and thus also avoiding of renewal of protection which is a major burden. Secondly, registering a copyright is much easier and you can get your software registered within 4 months of application whereas the time taken for the patent registration is much more than 4 months. Therefore the time taken for the registration has also played a vital role and that’s the major reason why most IT companies are benefitted by it.
There has been a long debate going on whether computer software is to be granted a copyright protection or patent protection. But the Berne Convention of 1971 made it clear that computer software being a literary work and therefore comes under the copyright protection. The convention also laid down that if the software has an inventive step and an industrial application then the software can be patented. Today with computer software being granted copyright protection has led to increasing number of copyright applications, therefore gradually and effectively reducing the piracy of the software in the digital platform.
The history of the concept of Intellectual Property can be traced back to 500BC. Sybaris, a Greek state allowed the citizens to procure a patent on “any new refinement in luxury”, this basically meant that anything new or a change in luxury could be protected. This gave rise to the concepts of Trademark, Copyright and Patents. In 1623, a British Law came into force which was known as the Statute of Monopolies. This law confirmed that monopolies were contrary to common laws but made an exception to patentable inventions, which gave rise to patent law. Under this law, Guilds were formed to control the major industries and these guilds were given the power to bring all the new innovations to the public market, giving them ownership and control over inventions. Moreover, this law provided that the inventors shall get a 14 year period of exclusive rights to govern how their inventions were utilised.
In 1710, The Statute of Anne came into force, which provided the provision to renew their protection of 14 years over their inventions for another 14 years. This legislation mainly focused on copyrights for authors, to give them the ability and power to control the recreation and distribution of their work.
The Paris Convention of 1883 was the main international agreement which provided protection to inventors. The Berne Convention in 1886, was legislated to provide international protection to all forms of writings which included songs, paintings, sculptures etc. In 1891, The Madrid Protocol came into being which created a global process to protect the Trademarks on an International level. As the time passed, the offices that were created by the Paris and Berne Conventions combined to create the United International Bureaux for the Protection of Intellectual Property, which eventually became the present day World Intellectual Property Organisation (WIPO).[1]
In India, after the establishment of the WTO and India being a signatory of the Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Designs Act was passed in the year 1911, The Copyright Act was legislated in the year 1957, it was followed by the Patent Act in 1970 and The Trademarks Act was brought into force in the year 1999. In addition to these laws, India also has the Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Protection of Plant Varieties and Farmers Rights Act of 2001. All the above mentioned Acts have gone through various amendments through time and the latest versions of these legislations is in force in India.
The World Intellectual Property Organisation (WIPO) has designated April 26 as the World Intellectual Property Day. It is celebrated every year to learn the role that Intellectual Property rights play in encouraging innovation and creativity. World Intellectual Property Day 2020 focuses mainly on the efforts to create a Green Future. This year the main theme focuses on how innovation and creativity can be utilised to maintain sustainable development and how Intellectual Property can play its role in making the future green and bright for the generations to come.
[1] The History of Intellectual Property, By Robert Klinck.
This Post has been Contributed By CS Amit Todkar Founder of AT and Associates
India is managing the effects of the global Covid-19 pandemic using unprecedented public health and economic measures. Among the many parts of the economy that require immediate attention and succour, are the micro, small and medium enterprises. These MSMEs contribute nearly 30 percent of India’s gross domestic product and close to half of the country’s total exports.
Amongst the other supportive measures to MSME the reserve bank of India (RBI) decided to provide special refinance facilities for a amount of ₹15,000 crore to Small Industries Development Bank of India (SIDBI) which plays an important role in meeting the long-term funding requirements of small industries. SIDBI serves as the principal financial institution in the Micro, Small and Medium Enterprises (MSME)
Governments worldwide have been using various policy measures to soften the economic blow rendered to their MSME sectors. Likewise it is likely that Ministry of MSMEs draws up a policy framework with multiple scenarios .
What is MSME?
Definition :
The Government of India has enacted the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 in terms of which the definition of micro, small and medium enterprises is as under:
(a) Enterprises engaged in the manufacture or production, processing or preservation of goods as specified below:
(i) A micro enterprise is an enterprise where investment in plant and machinery does not exceed Rs. 25 lakh;
(ii) A small enterprise is an enterprise where the investment in plant and machinery is more than Rs. 25 lakh but does not exceed Rs. 5 crore; and
(iii) A medium enterprise is an enterprise where the investment in plant and machinery is more than Rs.5 crore but does not exceed Rs.10 crore.
Other Benefits available to MSME
Finance
Easy finance availability from Banks, without collateral requirement.
Preferential Treatment
Preference in procuring Government tenders.
Electricity bills
MSME can avail concessional payments of electricity bills
Stamp duty and Octroi benefits,
MSME can avail special benefits in Stamp Duty and Octori benefits.
Special Status for payments towards goods and services rendered by MSME units
There is Obligation on the buyers availing services or goods from MSM Enterprises to pay within credit limit agreed upon between them. Default : Interest shall be pay to the MSME unit from Day of acceptance which may extend to 3 times the bank rate.
Dispute Settlement
Time-bound resolution of disputes with Buyers through conciliation and arbitration.
Disallowance of interest under Income Tax Act, 1961
The amount of interest payable or paid by any buyer, for delayed payments to MSME shall not be allowed as deduction.
This Day is annually celebrated in order to promote awareness regarding the impact of IPs in our daily life as well as to celebrate the creativity, innovations and developments contributed by the creators and innovators around the world. Every year this Annual event is supported by the way of accounting a global message. The 2020 World IP Day focuses towards the amalgamation of IP rights with efforts to create a Green Future due to the mere fact that the choices we make today will shape our tomorrow.
With the help of collective efforts, innovation, wisdom and creativity, the idea of developing a more effective way of securing a low-carbon future can be shaped. The campaign appreciates all the stakeholder in the sector involved in building and developing an environment based on cleaner alternatives and technologies by way of shifting from traditional fuel towards fossil-fuels as well as working towards a better and sophisticated way of dealing with sustainable food and natural resource management system.
Similarly, the campaign aims to bring make difference by way of balanced and robust IP system which can support the emergence of a green economy that complements the earth’s life support system.
Conventionally, mankind possessed tangible properties over which they had exclusive ownership rights. However, as the society progressed, humans began to apply their skills and intellect to produce works in the fields of science, art, music, dramatics and literature; which later led to the emergence of a novel concept of property known as Intellectual Property. Although intangible but it could be protected and enforced by having legal sanction assigned to it. This led to the development of intellectual property rights. Intellectual property rights can be granted on plethora of works but mainly they can be classified into trademarks, patents, designs, copyrights, geographical indicators etc.; each having its own unique significance and value. Among others, trademarks can be protected to secure a word, name, number, symbol etc. of an individual, business or organization to maintain and protect their goodwill and reputation in the market.
IMPORTANCE OF REGISTRING A TRADEMARK
A trade mark represents an enterprise’s name or the brand name of a particular product or a service and helps the consumers in distinguishing the goods or services from one enterprise to that of another. It is a kind of intellectual property that helps an undertaking in building their brand value or goodwill in the marketplace and it also enables the consumer to make a lifestyle or fashion statement. Apart from promoting the brand name, a trade mark also ensures the authenticity of the quality of goods or services as original to the consumers. A trade mark when registered, it gives an exclusive monopoly right to its owner to use it exclusively for their particular good or service restricting other traders from using the same mark without a proper license. Therefore, it is important for you to protect your brand name by registering it as a trademark so as to stop other traders from selling their goods nearly resembling to yours by unlawfully using your brand name or its logo. The law of trademarks in India is governed by the Trade Marks Act, 1999 along with the Trademarks Rules, 2017.
KINDS OF TRADEMARKS
Under the Indian law, a trademark can be registered broadly under any one of the following six categories of a trademark at a time through an application that is made under Form TM A:
A trade Mark can be registered as a:
Word Mark: Trademarks that simply contains only letters or words or a combination thereof, are filed in the category of word marks. For example, it can be a brand name of a particular good like ‘PARLE G’ for biscuits or it can be a name of a business undertaking like ‘Reliance’ for Reliance Industries Ltd.
Device Mark: Device Marks are those that contain a symbol or a logo that may also contain a tagline beneath it. For example, the symbol of letter ‘m’ of the fast food chain McDonalds is a logo that is used on all of its products, is a device mark.
Sound Mark: You may have heard of some popular tunes like the one that used to broadcast on All India Radio or for a TV commercial of Nokia mobile phone or a four note ring of a bell for Britannia Biscuits, they are all examples of registered Sound Marks in India.
Shape of Good: A shape of good can also be registered as a Trademark in India. For example, the shape of the bottles of popular beverage COCA COLA is a registered trademark.
Combination of colours: A combination of specific shades of colours can also be registered as a trademark in India. For example, the purple colour packaging of Cadbury chocolates.
Three dimensional Mark: Trademarks can also be registered for three dimensional figures in India. For example, the triangular shape of the famous Swiss Chocolate ‘Toblerone’ is a registered 3D Trademark.
However, it is important here to note that a Trade Mark may contain different elements or is precisely a combination of one or more of the following categories as explained above. It may also happen that other traders may adopt a deceptively similar trade name or a logo that may visually look or phonetically sound just like your brand name. Therefore, to avoid any such confusion and in an effort to stop the misuse of registered trade marks by other competitors in the market, several uniform international standards for registering a trademark have been adopted by India. One of them pertains to the classification of graphical elements that comprise a Device Mark (symbol or a logo) is known as the Vienna Classification.
VIENNA CODE OF CLASSIFICATION OF FIGURATIVE ELEMENTS OF A TRADE MARK
For a smooth functioning and administration of the Intellectual Property registrations across the world, there are certain uniform International standards that each member country of the World Intellectual Property Organisation (WIPO) needs to abide. India became a member of the WIPO in the year 1975.
In the 1970s a need was realised by the members of the Paris Union to draft an international classification of figurative elements that form part of a Trade Mark. Consequently, the Vienna Agreement was concluded at the Vienna Diplomatic Conference that took place in 1973 by the United International Bureau for the Protection of Intellectual Property (BIRPI), the predecessor of the WIPO.
The countries that were party to the Vienna Agreement, established an International Classification of the Figurative Elements of Marks (popularly known as “the Vienna Classification” or “the Vienna Code”). The main objectives of the Vienna Classification are twofold:
Firstly, it helps in easing out the exchange of documents at the international level (that is to say, in case you want to register your trade mark in other countries apart from India, once a Vienna Code is assigned to your mark by the respective registry where it is registered, the same shall be acknowledged and recognised by the Registry in the country where you’re seeking its protection)[1] and
Secondly, it helps in facilitating a comprehensive search in the Trade Marks Database to find out the availability of a particular symbol, logo or a device mark you wish to register as your brand name.
Since the enactment of the Trade Marks Act, 1999 in India, although we were following the Vienna Codification for device marks, however, it is only recently in September 2019, that India officially ratified the Vienna Agreement, thereby becoming its 34th member.
CONTENTS OF VIENNA CLASSIFICATION
The Vienna Classification follows a hierarchy system whereby the figurative elements that a trademark may contain, are classified from a general perspective to a particular form in a uniform list that is divided into 29 Categories. Further, each of these categories is divided into 19 divisions and 30 sections respectively. These Figurative elements are placed under different categories according to their shape, regardless of the purpose for which they are being used.
Following are the 29 broad categories of Figurative Elements under the Vienna Codification:
Telecommunications, Sound Recording Or Reproduction, Computers, Photography, Cinematography, Optics
17.
Horological Instruments, Jewellery, Weights And Measures
18.
Transport, Equipment For Animals
19.
Containers and Packing, Representations Of Miscellaneous Products
20.
Writing, Drawing Or Painting Materials, Office Requisites, Stationery And Booksellers’ Goods
21.
Games, Toys, Sporting Articles, Roundabouts
22.
Musical Instruments And Their Accessories, Music Accessories, Bells, Pictures, Sculptures
23.
Arms, Ammunition, Armour
24.
Heraldry, Coins, Emblems, Symbols
25.
Ornamental Motifs, Surfaces Or Backgrounds With Ornaments
26.
Geometrical Figures And Solids
27.
Forms of Writing, Numerals
28.
Inscriptions in Various Characters
29.
Colours
HOW IT WORKS?
In case, a mark consists of a logo or a symbol that graphically represents any shape of a human being like a man or a woman, or an animal like a tiger or an elephant, or a vehicle like a car, bicycle or a bus, then it becomes necessary for the applicant to mention the category of the applied Trade Mark as a Device Mark in its respective application.
Once the Trade Mark application for a Device Mark is filed before the Trade Marks Registry in India according the place of business of the proprietor, then after a Formality Check of the contents of application which is made to ensure that the contents of the Application are in order, it is then send for Vienna Codification. At this stage, the status of your application on the Trade Marks Registry’s website would normally show like this: “Send for Vienna Codification”.
Let’s take an example of a trademark application that is filed for a jewelry trader which has a Logo or Device Mark that contains an image of a lady wearing a necklace. The Vienna Code for the respective application would fall under the main Category 2 that pertains to ‘Human Beings’ and further the third division that pertains to ‘women’ would be applicable along with Section 1 of the third division that pertains to ‘Heads’, so the Vienna Code would be 2.3.1 and since the mark also has another element of a ‘Necklace’, it would also fall in the 17th Category that pertains to Horological Instruments, Jewelry, Weights And Measures, further its Division 2 which relates to Jewelry and Section 13 which pertains to Necklaces, jewelry chains, thus the Vienna Code would be 17.2.13 respectively.
Once the proper Codes are assigned to your application, it is then send for an Examination and after that if there are no objections, it is then advertised in the Trademarks Journal for 4 months, and thereafter, in case there are no opposition being made by any third party, your Trade Mark is registered for a period of ten years.
[1] It is important here for you to note that the registration of a Trademark gives you’re a monopoly right to use excluding others, which is only restricted to the jurisdiction of the country where you have applied and registered your mark. Therefore, in order for you to expand your business at the international front, you need to apply for separate registrations in the selected country of your choice or you may file a single application to register your trademark in up to 122 countries under the Madrid Protocol by providing a one time fee.
Copyright is the right to copy. It means copyright gives you the right to make copies of your work. It is a form of protection granted by law to your original literary, artistic, educational or musical work from unauthorized use or its duplication. It is a designation of YOUR intellectual property which you create through your thought process in the form of paintings, illustrations, sculpture, photographs, books, articles, poems, movies, songs, recordings, logo designs, website content, software code, and therefore the like. It protects the original expression of an idea in any creativity, but not the idea itself. The duration of a copyright is your lifetime and it expires in 60 years after your death.
In the copyright infringement case against Chhapaak movie earlier this year, in January 2020, a writer, Rakesh Bharti had filed a lawsuit against the director, Meghna Gulzar and Deepika Padukone for their upcoming film Chhapaak. He alleged that he had the right to bring the story of the acid attack survivor in the cinema. He claimed that he had shared a copy of his script with a studio before the making of the film. He demanded the credit for it as a screenplay writer for the movie. But Meghna argued that he was not entitled to the copyright because he merely had an idea and that too based on a story available in the public domain. As copyright law does not protect ideas or concepts the case was dismissed by the Bombay high court.
Ownership is usually in dispute over copyrights. For a copyright owner to become eligible for an award of statutory damages, his/her copyright must be registered prior to the legal issue. Registration is extremely valuable because providing damages in a case of copyright infringement can often be a difficult task. Copyright infringement is piracy where someone takes your work without your permission and copies, sells or posts it. When your copyright is unregistered you get to have no right to invoke legal measures to prevent and penalize the one who steals it. You usually cannot sue for copyright infringement before registration of your work with the Copyright office.
“I think intellectual property is more like land, and copyright violation is more like the trespass. Even though you don’t take anything away from the landowner when you trespass, most people understand and respect the laws that make it illegal. The real crime in copyright violation is not the making of the copies, it’s the expropriation of the creator’s right to control the creation.” – Brad Templeton.
The copyright law is created with an intent to encourage creativity. Thus, registration of copyright is advisable, particularly to copyright owners who want to go a long way with their ownership, whose work has market value or whose work is important to business operations or other profit-seeking activities.
More the information secured and protected, more the privacy is maintained.
~Uttakarsh Mattikop
Introduction:
In today’s digital world, it is the information which is considered as the biggest threat and dangerous for everybody from an individual to a country. Therefore there is a need for keeping the information safe and secured. The information may be anything from a nuclear launch codes to an individual’s personal details.
In this article we will be dealing with the Aadhar and the challenge for data protection which is today a burning issue in India.
Origin and Objectives of Aadhar:
The Unique Identification Authority of India (UIDAI) was established in the year 2009. It is a statutory body responsible for the enrollment and issue of Aadhar Card.
The main objective of this project is to maintain centralized database storage of information of every individual which includes biometrics (iris scan and fingerprint scan) and permanent address. The UIDAI also issues a unique 12 digit unique identity number called Aadhar to the citizens.
Need for Aadhar:
There is always a question in our brains: “Why do we need Aadhar when we already have many identities like passport, voter-id, driver’s license etc.?” Although we do have identities but the major problem with these identities is that not every individual has access to these identities i.e. voter-id and driver’s license is not available for people below 18 years of age and passport is not affordable for poor people. Contrary to this Aadhar is available for all from a child to a senior citizen and is affordable for all as it is free of cost.
Further, with the help of such an identity, it will be easy for the government to provide economic, health, education many other benefits to the needy people in the country.
Major issues involved in Aadhar:
Although there is an effort in systematic centralized store of information, but at the cyber front, there are major issues that the government must reiterate on to uphold the privacy of every citizens of the country.
Some of these are:
Which court will look into the matters related to Aadhar?
Lack of cyber experts to investigate into the matters related to Aadhar.
Solution for above two issues:
There is a need for separate Aadhar Tribunal to look into the matters related to Aadhar. As the protection of data is more of a technical concern rather than of legal concern, there is a need for technical experts in the cyber field to decide the cases related to Aadhar.
Lack of expertise in the cyber field, ordinarily the police or any other investigation department such as CID; CBI etc will have difficulties in investigating the matters related to Aadhar. Therefore there is a need for a separate Aadhar Investigation Team which is specialized in cyber field and investigate the matters related to Aadhar.
Conclusion:
India has taken a major step of digital centralized storage of data very similar to some of the developed nations like Canada, Austria, and USA etc. Therefore there is a need for systematic laws to regulate and protect data from many threats. Parallelly there is a need for data protection laws so that both private and public companies have well established system of data storage and protection.
Trademarks are the important and initial ingredients for cooking up a delicious brand. These Trademarks followed by proper management and efficient use becomes a well-known Marks. As an Enterprise or a Company there are few things to be kept at the back of your head when adopting or selecting a Trademark.
CHECK FOR AVAILABILITY – Its unlawful under Trademark laws around the world to adopt or use any marks which are identical or similar to any earlier Trademarks. Adopting or use of such identical or similar marks would amount to Infringement or Passing off and could be Criminal or a Civil offence. Thus it is suggested to consult an IP attorney to check the possible availability and scope for adopting a desires Trademark in order to avoid any future litigation.
KNOW THE PROCEDURE AND BENEFITS OF GETTING A TRADEMARK REGISTERED – Being an enterprise or individual, it is necessary to get to know the process and benefits of getting a Trademark in order to manage the brand appropriately and making it a successful name amongst the public at large. An IP attorney can throw light on these aspects which helps in making a future estimation of how wide can a brand become.
SELECTING A TRADEMARK – An Trademark can turn out to be a good Trademark or a bad one. A good trademark usually takes very in depth inputs from the administration as well as the employees of that enterprise while concentrating on the phonetic and visual appearance of the suggested marks so that consumers can easily recognize and correlate to such Trademark. These things form very important part of Trademark adoption process.
