Many times, we have seen that organizations are able to get Trade Mark registration of descriptive marks but the big question is, does it help
Although, the Trademark Act very clearly says that no TM registration will be granted on descriptive marks but, sometimes by overlook (or otherwise) registrations are granted. This is a very sad situation to be in, because on one hand, the organization feels that they have an rightful IP & can restrict others from violation but, the fact is that, neither the right is enforceable nor is the registration permanent. Anyone (not always an interested opposite party) can challenge these registrations and get these marks cancelled very easily. This leaves the organization wasting lot of money in trying to protect a right, which is not rightfully their IP. The only persons who is happy in the end is the TM lawyers, who will continue to fight and keep on charging money for all the activities.
It is very important for the good trademark consultants to guide their customers properly and guide them not to file for such registration. As these marks will never give them a true right and will never benefit them of having an intellectual property, which gives business benefit. TM authority also needs to do an extra effort and needs to be more vigilant to disallow any such registration request for descriptive mark.
The consulting services offered by www.brandsandfakes.com for securing Intellectual Property, precisely provides the right advice to the brand owners. The objective is always to rightfully secure the Intellectual Property and not to get into activities, which are potential waste of time and money.
Brands and Fakes has aligned the capabilities of the service delivery eco system with the industry verticals, so that the Brands under various industry verticals and sub verticals are able to get services from expertise in their specific domains.