Brands have become an integral part of a corporate functioning. Brands have tremendous commercial value as they help in distinguishing the goods or services of one individual or company from the other individual/company.
Naturally, companies and individuals need to protect brands from imitation, unauthorised copying, unfair competition, etc. Brands are typically protected through intellectual property rights (IPRs) protection in the form of trademarks, designs, etc. a brand may consist of a name, term, design, symbol, or any other feature that identifies one seller’s good or service as distinct from those of other sellers.
With the active use of Internet for various personal and commercial purposes, brand protection has become a tedious and challenging job. In fact, online brand and reputation protection has got nasty and many online brand and reputation companies are using illegal and unethical means to protect brands of their clients.
Brand protection has got a totally new meaning with the introduction of new generic top level domains (new gTLDs) by ICANN. Trademark and brand protection under new gTLDs registration by ICANN is a very challenging aspect. Further, the stakes are high and a techno legal strategy to protect brands under the new gTLDs regime is a must.
As far as India is concerned, an effective brand enforcement policy is needed in India. Individuals and companies must formulate techno legal policies to protect their brands in India. However, illegal and unethical methods must be avoided.
LPO/foreign lawyers are now not allowed to provide legal services in India any more. This includes brand protection services as well. Now only purely Indian lawyers based law firms and LPOs in India can provide litigation, non litigation, agreement drafting, consultancy, brand protection and enforcement services in India.
The awareness among various stakeholders is increasing and very soon we would witness growing demand for brand protection and management services in India.
Source: Techno Legal News.