Did you know that Google could not use Gmail in Germany for a very long time, because their Trademark was already secured by a local entrepreneur? He had secured the trademark G-mail as a short form for his name and mail services that he used for physical and electronic mail system that he owned. He had registered it around 5 years before Google tried to enter Germany. Google used all legal routes and exhausted it and was only left with the option of buying the Trademark from Mr Giersch. Which it eventually did.
This is a lesson to be learnt not only for big businesses but also small-time entrepreneurs and app developers. Seeking Trademark protection can help your business in multiple ways. For instance, there may be a very interesting name, which may be best suited for your idea/business/app and you may want to protect it before anyone else done. In that scenario, you may file the mark on a proposed to be used basis and soon after start using it. In the event, you delay it, you may end up in a position like Google. In this scenario, the registered user of the Trademark may or may not be willing to part with their rights for the mark. In the event, you have designed a logo that is very catchy and quickly is being associated with your business/app, you will have to protect that as well before someone else is going to make a copy of it. It may hurt the business more if it is a similar service being offered through it and a little less if it is not the same line of business. Nonetheless, there will be confusion in the minds of your potential users. Securing your trademarks. In a rare situation, you may be in Mr Giersch’s position to be able to benefit out of. Trademarks individually or as a portfolio are an important asset which when obtained carefully and traded carefully is worth a lot more than a mere statutory protection that one needs to obtain.
Reach out to our Attorney’s who have experience in obtaining Trademark registrations providing the best services in the minimal time periods.