Month: May 2021

FLUID TRADEMARKS

Introduction:

Ever seen a chameleon without changing its basic nature and form- camouflaging with its environment? Blending with their surroundings, harder to be caught up by the enemy. In today’s digital economy, brand owners are rapidly pushing themselves by evolving with business standards as well as business needs. Without changing its basic variations and the originality of the underlying mark, Fluidmarks which change over time are associated with a particular event without changing their basic characteristics. This is a new approach to branding wherein the conventional principles of general trademark law are contradicted by altering the ‘static’ and ‘unchanging’ words into new design elements, picture representations and forms that are attention grabbing. In simpler words, fluidmarks are frequently changing variations of the original trademark.

What are Fluid marks?

Fluidmarks are neither termed nor used in the conventional law of trademarks. Due, to their ever emerging and evolving digital characteristic, they are used to commemorate a particular event which is of temporary nature.

Fluid marks minding their business amid covid-19:

The best examples to cite would be that of the logo of McDonalds made a gap between their iconic M logo to promote social distancing, while assuring safety and quality standards or Subway was seen wearing a mask gaining its audience confidence and trust. Also, Audi created a deliberately created a gap within its four wheels which intersected otherwise.

Advantages of Fluid marks:

  1. Excellent marketing strategy to meet the growing demands along with the environment.
  2. Appealing to the eyes of the audience.
  3. Everchanging and ever evolving.

Disadvantages of Fluidmarks:

  1. Likelihood of confusion in the consumer minds.
  2. Dilution of the underlying mark.

Conclusion:

Fluidmarks being living and dynamic marks are excellent marketing tools in today’s digital economy. Only the brands having well established trademarks would be suggested to use the said marks. Fluidmarks have the potential to create commercial footprints in the minds of the general public.

BY

Adv. PRANITA MAKASARE

Bsc.(HONS) Agri, LLB, LLM

Collective and Certification Trademark

No one ever made a difference by being like everyone else. We always hear such quotes like stand out from the crowd or else you will get lost in it. Trademark exactly does this for any organisation whether it is a word mark, symbol, logo or a motion mark. To safeguard their values, name and to make it distinctive from the other players in the market. Most importantly protecting the consumers against misleading practices and to avoid confusion among the public at large.

When we precisely talk about collective trademarks as the name suggests it is shared by a group of people and not by a single individual. Collective trademark means a trademark distinguishing the goods and services of members of an association not being a partnership which is the proprietor of the mark from those of others. With ordinary trademarks the owner protects and restricts the trademark to a particular product/service but the collective trademark is owned collectively by everyone. 

The most common examples of collective trademarks are- rotary club, lions club international , business networking organisation (BNI), Indian medical association, members of various institutes like Chartered Accountants of India  CA, CS, ICWA, CPA. etc.

Certification trademark is in relation with set parameters, accuracy and characteristics are authorized by a certifying authority. To assure consumers of the quality, process,manufacturer,geographic origin etc. 

For example- BIS hallmark (Bureau of Indian standards), AGMARK, ISI mark, FSSAI (Food Safety and Standards Authority of India) PETA certified products (People for the Ethical Treatment of Animals) most resonating is PUC (Non Polluting Vehicle mark is a mandatory certification) everyone owning a vehicle has to undergo the PUC test. International Organization for Standardization (ISO) is a global network of the world’s leading standardisers.

Collective and certification trademarks are diverse in nature; one deals with the goods and services of members of an association of persons not being a partnership which is the proprietor of the mark from those of others. The second one promotes the origin, mode of manufacture, quality, accuracy and performance of the goods/services provided.

BY

KASTURI MORE

LLB 1st Year

YASHWANTRAO CHAVAN LAW COLLEGE, PUNE