Copyright Law Blog

Protect Invention

August 2nd, 2009 at 12:41am Under copyright protection

How do you establish an effective brand? Branding–creating a distinctive corporate identity for your business–is critical to your success as an entrepreneur. You can, and must, use the process of setting up and managing your business entities to establish your own distinctive brand.

The world’s greatest companies have mastered this art of branding. You don’t need even need to to see the name of the company to recognize the Mercedes or MacDonald’s logo, so effectively have these companies imprinted their identity into the minds of the consumer.

But branding is not just about a logo. It’s also about making sure that you have a consistent identity, one that is reflected in your website, your stationery–all communications with the public. Individual entrepreneurs often use a haircut, accessories, even style of dress-as the “Man in Black” Johnny Cash did–to imprint their identity into the minds of the public. Even a small business owner doing business on eBay will profit from having a consistent, memorable image as an established, reliable firm associated with expertise in its niche.

You can use the process of structuring your business (see our newsletter) to start building a strong brand. Whether you are establishing an LLC or a corporation or other entity, you will want to follow a number of steps to make sure that your structures will build a strong foundation for your brand.

I recommend that you follow the sequence below:

1. Make a list of several possible names for your company that reflect your area of expertise and your USP–”Unique Selling Proposition”. Number them 1 to 5 or even 10 in order of priority.

2. Check with the U.S. Patent and Trademark Office http://www.uspto.gov/main/trademarks.htm (or the Intellectual Property Office in the country where you live if you live outside the United States) to make sure that you have not selected a name, one you might soon be using in a potential trademark, that is already taken. Running a search is an easy matter on the internet. If you find that the name or mark is already taken by someone engaged in a line of business close to your own, make a note of it and move on to check the next name on your list.

3. Conduct a similar search on the web site of your state’s or province’s authority for establishing corporations–in most cases, the Secretary of State. If you are considering setting up a Nevada corporation or LLC, be sure to do the same both in Nevada (https://esos.state.nv.us/SOSServices/AnonymousAccess/CorpSearch/CorpSearch.aspx) and in your home state or province. You can find the appropriate authority in your state easily by doing a search on Google.

Make sure that you check both the LLC and the Corporation databases. There could be a corporation with a very similar name to the one you want to use for your LLC that your sate authorities might not catch if the corporation and LLC divisions are separate. Too close a similarity with the name of an entity of a different type will cripple your efforts to establish a distinctive brand and could cost you in the long term. Years ago the Body Shop did not bother to do this checking outside of California, and ended up being forced to change their name when challenged by a more successful business started earlier with a similar name years later.

4. Next, conduct a search on the fictious names (or DBA “doing business as”) registry of your county or other local jurisdiction. Once your make a decision on a name for your entity, if you are using anything other than your own name or a name that clearly indicates exactly what you are doing (something other than Mary Jones Plumbing, for example) or if you add something like “Associates” to your name, you will need to file a fictitious name statement with the County Clerk. There is usually a nominal fee associated with doing this, but Don’t think of this as an annoyance. It is actually an effective way establish your exclusive claim to the use of your DBA.

By the way, you’ll also need to check with your municipal government to see if you need to register to do business in their jurisdiction. This will no doubt cost something, but it is an essential part of doing business. I prefer to think of it as yet another opportunity to brand myself in the mind of the public.

5. Check with a web domain registrar (such as LuckyRegister.com) to see if your preferred name or names are available. If your first choice is not available as a .com or .net or other common domain type, you now have the option of setting up a .ws (for web site) domain. You can do that at: http://www.azurpacific.ws. Or, you can choose a variant like xxxxxonline.com or xxxxxxlive.com. Go ahead and purchase the domain names that correspond to your preferred business name. Even if you don’t use it, domain names are valuable virtual real estate these days–you might be approached to sell one of the names you’ve purchased later and make a tidy profit!

6. Select your preferred name and reserve it with your state authority. Sometimes the entity formation process can take longer than expected, and you want to be sure that the name is reserved exclusively for you long enough for your structure to be put in place. The reservation is good for a certain period of months or days.

7. Be sure to register your preferred entity name as a DBA or fictitious name if required by your regional authority.

Once your entity is in place, you’re ready to brand yourself by developing a memorable graphic logo, ordering your professional stationary, and getting your web site developed around your new corporate identity.

There is, of course, much more you can do to build your brand. Kim Castle’s free BrandU newsletter is an excellent resource that I highly recommend. You can sign up for it free at our website.

Copyright 2006 Azur Pacific Associates

copyright cases

August 1st, 2009 at 06:41pm Under copyright protection

Being an attorney, you are a member of one of the most important professions in society. But of course, you must be able to generate business for yourself to earn a living, especially if you are a new lawyer. You may not be trained in sales, but you do have to sell yourself. This article provides information on generating “attorney leads” for yourself to find new clients. The scope of this article entails using the internet to generate leads. The easiest internet resource to use is Google’s Adwords program, where you place ads on Google’s search results to draw vistors to your website. Google Adwords – Generating attorney leads through Google is quite easy, wether you are a family lawyer, intellectual property lawyer (patent, trademark, copyright), corporate lawyer, litigation lawyer, real estate lawyer, criminal lawyer, personal injury lawyer malpractice lawyer, or any other specialization. Google’s Adwords program allows you to purchase specific keywords that will place a link to your website in the search results when someone searches those keywords. Of course, you will need to have a website for Google to send visitors to to be able to use this program. If you do not already have a website for your law practice you can hire a website designer to create a professional looking site for under $100. Then you purchase keywords (usual cost is between 5 cents and $2 per click) that you think internet users are searching when they are in need of your services. Some examples of keywords that you can buy are: New York litigation lawyer, Chicago corporate lawyer, Dallas bankruptcy lawyer, Seattle family lawyer, or Toronto business lawyer. Or you can even use general law terms like the following: DUI, structured settlement, insurance, mesothelioma, asbestos, liability, libel, and slander. Again, this are just one internet resource that provides attorney leads to lawyers. There are plenty of other online and offline resources that you can use to promote yourself and to advertise your services, like business networking meetings and yellow pages ads.

trademark registry-1

July 16th, 2009 at 12:43am Under trademark law

You’re a small business owner with a hot new product or service and you’re deciding what to name it. Perhaps you’ve even hired a graphic designer to create a flashy logo to go with it. You may have ruled out trademark registration as too expensive or even unnecessary because you only plan to sell in your local area. This article will show why nearly every business can benefit from trademark protection, and how a new option makes professional trademark assistance affordable for most small businesses and entrepreneurs. There are two excellent reasons to protect a trademark as soon as possible, even for small businesses that operate in a limited area. The first is that a professionally prepared trademark conflict search will help you identify existing trademarks to avoid infringement. Discovering a conflict ahead of your launch will allow you to change names before investing in promotional materials and advertising, and building recognition of a name you may have to change later. The last thing your new business or project needs is a lawsuit during the startup stage. On the plus side, discovering a conflict may offer an opportunity to create a new name that distinguishes you from existing ?brands? and projects your unique value proposition. Speaking of branding opportunities, the second reason to protect your trademark even if you operate in a limited area is to prepare for nationwide expansion of your business. With the shift toward online marketing and commerce, even the smallest businesses are finding larger markets to expand into. Also, registering the mark with the U. S. Patent and Trademark Office gives public notice of your trademark rights, protects the mark nationwide, and discourages infringement with heavier penalties. Now that we know it’s important to protect trademarks, let’s examine a new option for professional trademark assistance at significant savings over the traditional law firm fees. A new breed of firms called Trademark Service Providers specialize in trademark research and related services, offering them to small businesses and entrepreneurs without the typical legal fees. While they do not represent clients in court or provide legal advice, they can perform the specialized research necessary to check for conflicts. Some firms also prepare trademark applications and provide ongoing infringement searches. A few providers even offer creative naming services to help clients with the naming process. In order to appreciate the benefits of using these new services, let’s continue with the scenario from earlier. You have selected a name and you are weighing your trademark options. You may have read an article on trademarks that suggested you conduct a ?free? online trademark search. Let’s briefly examine online conflict searches. Two of the most popular free trademark searches are the online records of the U.S. Patent and Trademark Office (www.uspto.gov), and a simple name search using Internet search engines. Unfortunately, these searches can be misleading to those who are new to the subject of trademarks. As we will examine below, these searches are only the first stage of an effective search process. They may uncover obvious conflicts, but as you will see below, they do not reliably answer the question of trademark availability. The same can be said for State trademark registrations and searches. In fact, only a fraction of the trademarks in use are registered with the State and Federal agencies. The remaining marks are unregistered, often referred to as ?common law? trademarks. Common law trademarks are unregistered marks used in business or commerce that receive limited legal protection based on the geographical area where they are used. The absence of a centralized registry documenting these marks complicates the process of conducting a conflict and availability search. Locating common law marks requires an experienced researcher using the latest and most extensive sources, searching literally millions of relevant business and legal records. This is where a Trademark Service Provider can help. A Trademark Service Provider has access to proprietary search resources with the most current and extensive information, advanced search technology, and the expertise necessary to conduct a diligent and comprehensive conflict search. Due to the existence of common law trademarks, no search results are 100% conclusive. However, the best strategy is to obtain the most thorough search and then begin using and protecting a mark as soon as possible. If you plan to use a particular trademark but your business has not opened yet, you can file an ?intent to use? application to protect it for six months during the development stage. For an additional fee you can extend this period up to two years if necessary. Trademark Service Providers are part of a growing trend of out-sourced expertise designed for small businesses. In contrast to the more expensive ?one size fits all? approach used by big national firms, or the risky alternative of going it alone, a firm that specializes in serving small business owners can be the perfect solution. They offer reasonably priced yet professional-grade services, a capable staff that supports your vision, and the expertise that allows you return to your primary goal of building your dream business. Before you know it, your small business will be creating a Big Name reputation, with the confidence that your trademarks are protected.

patent trademark copyright

July 15th, 2009 at 06:44pm Under trademark law

You’re a small business owner with a hot new product or service and you’re deciding what to name it. Perhaps you’ve even hired a graphic designer to create a flashy logo to go with it. You may have ruled out trademark registration as too expensive or even unnecessary because you only plan to sell in your local area. This article will show why nearly every business can benefit from trademark protection, and how a new option makes professional trademark assistance affordable for most small businesses and entrepreneurs. There are two excellent reasons to protect a trademark as soon as possible, even for small businesses that operate in a limited area. The first is that a professionally prepared trademark conflict search will help you identify existing trademarks to avoid infringement. Discovering a conflict ahead of your launch will allow you to change names before investing in promotional materials and advertising, and building recognition of a name you may have to change later. The last thing your new business or project needs is a lawsuit during the startup stage. On the plus side, discovering a conflict may offer an opportunity to create a new name that distinguishes you from existing ?brands? and projects your unique value proposition. Speaking of branding opportunities, the second reason to protect your trademark even if you operate in a limited area is to prepare for nationwide expansion of your business. With the shift toward online marketing and commerce, even the smallest businesses are finding larger markets to expand into. Also, registering the mark with the U. S. Patent and Trademark Office gives public notice of your trademark rights, protects the mark nationwide, and discourages infringement with heavier penalties. Now that we know it’s important to protect trademarks, let’s examine a new option for professional trademark assistance at significant savings over the traditional law firm fees. A new breed of firms called Trademark Service Providers specialize in trademark research and related services, offering them to small businesses and entrepreneurs without the typical legal fees. While they do not represent clients in court or provide legal advice, they can perform the specialized research necessary to check for conflicts. Some firms also prepare trademark applications and provide ongoing infringement searches. A few providers even offer creative naming services to help clients with the naming process. In order to appreciate the benefits of using these new services, let’s continue with the scenario from earlier. You have selected a name and you are weighing your trademark options. You may have read an article on trademarks that suggested you conduct a ?free? online trademark search. Let’s briefly examine online conflict searches. Two of the most popular free trademark searches are the online records of the U.S. Patent and Trademark Office (www.uspto.gov), and a simple name search using Internet search engines. Unfortunately, these searches can be misleading to those who are new to the subject of trademarks. As we will examine below, these searches are only the first stage of an effective search process. They may uncover obvious conflicts, but as you will see below, they do not reliably answer the question of trademark availability. The same can be said for State trademark registrations and searches. In fact, only a fraction of the trademarks in use are registered with the State and Federal agencies. The remaining marks are unregistered, often referred to as ?common law? trademarks. Common law trademarks are unregistered marks used in business or commerce that receive limited legal protection based on the geographical area where they are used. The absence of a centralized registry documenting these marks complicates the process of conducting a conflict and availability search. Locating common law marks requires an experienced researcher using the latest and most extensive sources, searching literally millions of relevant business and legal records. This is where a Trademark Service Provider can help. A Trademark Service Provider has access to proprietary search resources with the most current and extensive information, advanced search technology, and the expertise necessary to conduct a diligent and comprehensive conflict search. Due to the existence of common law trademarks, no search results are 100% conclusive. However, the best strategy is to obtain the most thorough search and then begin using and protecting a mark as soon as possible. If you plan to use a particular trademark but your business has not opened yet, you can file an ?intent to use? application to protect it for six months during the development stage. For an additional fee you can extend this period up to two years if necessary. Trademark Service Providers are part of a growing trend of out-sourced expertise designed for small businesses. In contrast to the more expensive ?one size fits all? approach used by big national firms, or the risky alternative of going it alone, a firm that specializes in serving small business owners can be the perfect solution. They offer reasonably priced yet professional-grade services, a capable staff that supports your vision, and the expertise that allows you return to your primary goal of building your dream business. Before you know it, your small business will be creating a Big Name reputation, with the confidence that your trademarks are protected.

copyright legislation

July 13th, 2009 at 06:41am Under copyright protection

Intellectual property, although intangible, is still ownable and your intellectual property rights should be protected. Modern business, especially since the rise of the internet has seen a rise in the creation of intellectual property. However the internet makes it even easier for someone to steal your ideas and work. An intellectual property lawyer who is trained to help reclaim patent, trademark, copyright and trade secret rights can help protect your intellectual property. Types of intellectual property include patents, trademarks and trade dress, copyrights, and trade secrets. Patents A patent is granted by the government allowing a (usually) 20 year monopoly on an invention previously ?not generally known.? Patents are intended to encourage investment in research and development. If you create a new useful process for doing something, a machine, manufacture, or even an improvement on something already in existence, you can patent your invention and prohibit others from ?making, using, offering for sale, or selling?or importing? the invention in the U.S. Your right to patent your invention is a constitutional right (Article I, section 8). Patents are subdivided into three groups: design, utility, and plant. Design patents protect innovations in the appearance (although not the structure or function) of an item. Utility patents are for wholly new inventions including machines, industrial processes, compositions of matter, and articles of manufacture. Plant patents cover innovations in plant-life, such as new species of plant created from the reproduction of cuttings and grafts of existing plants. Patent lawyers will research previously granted patents for you to see if a similar product has already been patented or whether you should apply for a patent for your invention. A patent attorney will also tell you if your idea is not patentable because it is a law of nature, a physical phenomena, or abstract. You should find a specialized patent or intellectual property attorney because in order to prosecute a client’s patent application, he or she must be registered with the U.S. patent office. A patent lawyer will also have to have passed a science and engineering exam to better understand and serve clients. Trademarks Trademarks are granted for words, names, symbols, or devices which separate and distinguish businesses and services. These include arbitrary names such as Kodak, suggestive names such as Caterpillar (tractors), descriptive names which indicated the business’ products or services, and generic names which are descriptive. Generic and some descriptive names cannot be protected, so a trademark or intellectual property lawyer should be consulted to see if your name qualifies for trademark rights. You can also file an intent-to-use application to reserve a name that will later be trademarked. (This is especially important with the expansion of business on the internet.) Trademark lawyers can also be sought to make sure that your new business isn’t using a registered mark. The consequences for using a registered mark, even though you may have put money and advertising into promoting your business, include being sued for infringement. Copyrights Copyrights protect the individual’s expression of an idea, but do not protect the idea itself (see patent). Copyrights are intended to promote scientific progress. You can copyright your writing, performance (music, dance), art, sound, compilations. You cannot copyright ideas or uncompiled facts, words, or phrases (these could be registered as trademarks, though, so consult an intellectual property lawyer). If you come up with an idea or invention while working for a company, it is able to be patented or trademarked by the company you work for, but copyrightable work belongs to you, the employee, not the company employing you. However, there are loopholes, and an intellectual property lawyer will help you both with the process of getting your expression copyrighted but will also save you trouble and time in getting over road blocks. If you are a company, you need an intellectual property lawyer who specializes in copyrights because especially with internet businesses, you will need to make sure that contractually your web site design can be copyrighted to your company and will not belong to the employee or independent contractor who created it. This also applies to software. Trade Secrets It is important to protect your business’ trade secrets so they will not be misappropriated. Whereas patents have a limited time of coverage and after 20 years are released, trade secrets are always protected. To qualify as a trade secret, it must have independent economic value to the company. For example, the recipe for Coca-Cola is a trade secret, not a patent, and therefore will never be released because without maintaining the secrecy of the recipe, the business would not be able to compete by offering an individual product.

copyright infringement cases

July 12th, 2009 at 12:39am Under copyright infringement

A U.S. patent is necessary to protect your rights if you have invented a unique product or come up with a new idea. A patent grants property rights to an inventor, and is issued by the U.S. Patent and Trademark Office. The purpose of filing a patent is to stop others from reproducing and selling your product to make a profit. If you want to know how to get a patent, there are many websites online that describe the process in great detail, however, there are a few main requirements. The U.S. Patent and Trademark Office states that to qualify the item you are inventing has to be completely unique. In other words, it can’t be something that already exists in the field of the invention or that is anticipated for the near future. When searching for information on how to patent an idea, remember that the invention also has to be useful in some way. The invention must be entirely new as well – something that has never been seen before. If you’re wondering how to patent an idea, it’s the same process as for an actual invention. There are several types of patents, so you’ll have to figure out which one fits best with the product you have invented. Utility and design patents are the two main types. A utility patent is usually the patent of choice because in most cases it offers the best protection. Design patents only cover the actual appearance of an invention, which is not enough protection for most people. In your search for information on how to patent an idea, you will learn that utility patents protect a wide range of items, including a product, apparatus, process, system, machinery, and more. When figuring out how to get a one, it’s best to spend your time researching how to protect an idea according to the requirements of this type of patent. If you’re having trouble wading your way through the endless paperwork required, hiring a patent attorney to help you through the process may be a good idea. This type of attorney has the knowledge and expertise to put together a valid application on your behalf. According to patent law, only the original inventor can file an application and receive a patent, but you can make use of a lawyer to prepare the application. Patent law also prohibits a person from filing an application based on an item someone else has invented. If you want more patent information before you file, it’s prudent to do a lot of research and read through reliable sources. You can search online for this information or visit your local library to learn more about everything that’s involved with the process. People with a lot of experience writing patents usually go through the process on their own, however, for most first-timers hiring an attorney to write the claims and edit the application is highly recommended.

trademark registry

July 10th, 2009 at 12:44am Under trademark law

Trademarks are a key component of any successful business marketing strategy as they allow them to identify, promote and license their goods or services in the marketplace and to distinguish these from those of their competitors, thereby cementing customer loyalty. A trademark symbolizes the promise of a quality product and in today’s global and increasingly electronic marketplace, a trademark is often the only way for customers to identify a company’s products and services. Trademark protection hinders moves to “free ride” on the goodwill of a company by using similar distinctive signs to market inferior or similar products or services. Loss, dilution or infringement of a high-value trademark could prove devastating to a business. World Intellectual Property Organisation (WIPO) is a specialised agency of the United Nations (UN) which oversees the task of international registration of trademarks through Madrid System. Although it is not possible to obtain an ‘international trademark’, whereby a single trademark registration will automatically apply around the world, the Madrid system permits the filing, registration and maintenance of trade mark rights in more than one jurisdiction on a global basis. Background- The Madrid system is administered by the International Bureau of the World Intellectual Property Organisation in Geneva, Switzerland. The Madrid system comprises two treaties; the Madrid Agreement Concerning the International Registration of Marks, which was concluded in 1891 and entered into force in 1892, and the Protocol Relating to the Madrid Agreement, which came into operation on 1 April 1996. The Madrid Agreement and Madrid Protocol were adopted at diplomatic conferences held in Madrid, Spain. Recent Developments- There are many significant recent developments trademarks Law Vis a Vis Madrid system. The accession of United States and European Union to Madrid Protocol on 2nd November 2003 and 1st October 2004 respectively is considered as important development. A record 36,471 international trademarks applications were received in 2006 by wipo under Madrid system. This represents 8.6% increase on figures for 2005. No. Of developing countries witnessed significant growth in international trademarks filing in 2006.China is the most preferred designation for international protection because of its ever growing economy and trade prospects. WIPO also promotes use of electronic communication for processing of international applications. In April 2006, WIPO introduced a new online international trademarks renewal service enabling users to maintain their trademarks rights quickly and efficiently, about 22% renewals recorded electronically. A number of new improvements, including new search facilities, were also introduced to the ROMARIN database which contains information regarding all international marks that are currently in force in the international trademark register. As from January 1, 2007, the ROMARIN data base was made available, free-of-charge, on the WIPO web site. Indian Perspective- India is also considering and is in fact inclined towards granting accession to the Madrid system. India is beginning to realize the various advantages of acceding to the Madrid System, in particular that, the applicant for an International registration is required to file only one application, pay one fee in local currency, and is not required at least initially, to submit foreign powers of attorney. Renewals, assignment recorders, changes of name and/or address of an International registration may be affected by filing one document with the International Bureau. Moreover, the payment of a single filing fee and preparation of a single application should result in savings in legal service fees. India has said that it would join the Madrid System after making due preparations, including modernisation of its trademark offices. Investment and action in this direction should be expedited and Indian providers of goods and services enabled to take advantage of the system without further delay. It also needs to be noted that the Madrid System does not prevent trademark owners from routing their application through the IP offices of member-countries other than their own. If India does not accede to the system early, Indian businesses may be forced to put in their international applications from the IP offices of third countries by setting up minimal operations prescribed for this purpose. However, keeping in mind the Indian scenario, there are few major concerns and apprehensions that emerge and need to addressed and taken care of before India accedes to the Madrid System. Few of the major concerns that arise in this respect are summarized as follows: “It is apprehended that the Protocol applications would produce additional backlog at many already overburdened Trademark Offices where it currently takes over one to two years to examine and process applications. “The Trademark Offices in India may also require additional staffing, and IT infrastructure and IT trained personnel which will increase the costs of filing domestic applications. “While corporate will benefit from the deal, the government and local trademark attorneys may lose out as it would reduce local filings considerably.” “The trademark law and practice in jurisdictions like India, Brazil, Canada, Japan and Hong Kong may disadvantage those basing their International registration on a home or basic application particularly as these jurisdictions have lengthy opposition procedures and a successful opposition to the home or basic application would then necessitate the filing of national applications resulting in additional costs.” “The increased numbers of initial applications may prompt the designated country trademark examiners to issue a provisional refusal for every reason available, if only to avoid automatic registration.” “Trademark Offices will need to develop a system for distinguishing International registrations from national registrations. This will result in added record keeping, requiring more personnel and work hours and computerized data bases which do not yet exist in India, Pakistan, Sri Lanka and several other jurisdictions.” “With more marks registered, there could be a decreasing availability of marks for small entities solely for domestic use.” “An International application and any future communication pertaining thereto may be in English or in French. The result of the bi-lingual system necessitates the employment of additional multi-lingual staff at the national trademark offices. India inclined to accede to Madrid Protocol.” At this point it is pertinent to point out that since the Madrid system offers scope for putting in an application for international registration in the trade mark office of any country where the applicant has a substantial commercial interest or is domiciled, and not necessarily in the trade mark office of his own country, failure to join the system is in fact encouraging Indian businesses to use the trade mark offices of other countries that are members of the system. To counter this trend, India is seriously considering its accession to the Madrid Union and strengthens its own trade mark registry and professional skills before such accession. The recent accession of the United States and China has also added a new dimension to the Madrid System. India realizes the multifarious advantages the Madrid System offers and is at present contemplating accession to the Madrid System. India is planning workable strategies to find solutions to tackle all apprehensions it speculates in this regard! It is already in the process of updating its official website and making possible the trademark search to be conducted online. Further, it is making efforts to make available online trademark journals and the records of the already Registered trademarks and the facility of checking online the status of pending applications .Moreover, the Indian Trademark Registry offices are in the process of inducting more IT trained personnel and having complete computerization of records besides making substantial additions to their main infrastructural facilities. Conclusion- The Indian View point Vis a Vis Accession to Madrid System may be thus summarized in few words as follows: Madrid System definitely is the best system presently available to procure international registration of trademarks as it, to a certain extent, simplifies trademark filings, and connected procedural formalities and may reduce costs. The Protocol, therefore, appears to be worth acceding to! However, before India decides to do so, certain major changes in the prevailing Indian Trademark Registration Regime are warranted, which India is already in the process of adopting. Thus, there exists a strong likelihood that India will soon accede to the Madrid System of International Registration of Trademarks.