In recent days, you all heard the surprising news that “Monster Energy Loses Trademark Application Appeal in India for ‘Energy for the Journey’”. A very well-known energy drink company recently lost its trademark appeal. The phrase is “Energy for the Journey” in India.
Do you know who made this decision? It was by the Intellectual Property Appellate Board (IPAB)that upheld the actual rejection of Monster Energy’s trademark application.
This case sheds light on how property laws are ruled in the country. It was an important moment in India’s trademark landscape.
What Actually Happened – Discuss In Detail
Monster Energy, is a company that applied for the trademark which has the phrase “Energy for the Journey” in India. It is used as a slogan for their products. Firstly, the trademark registry initially refused the application because they stated that the phrase lacked distinctiveness. Then, Monster Energy bravely challenged their decision. They appeal to the IPAB to reconsider their application.
The IPAB again reviewed the case and decided to hold its original rejection. According to them the phrase “Energy for the Journey” is a generic word. Whatever they decide, according to them Monster Energy don’t have such rights to the phrase in India.
Now, Understand The Trademarks Law
To understand why Monster Energy Loses Trademark Application Appeal in India for ‘Energy for the Journey’. It is necessary to know how trademark law actually works. A trademark distinguishes a company’s products which can be a word, symbol or service. It helps buyers identify the actual source of the product and guarantees that the business will protect its brand identity.
However, you cannot trademark all the words and phrases. If you want your trademark to be approved, It must be unique, distinctive and not merely descriptive. Because a descriptive word describes its quality, features or purpose. That’s the reason it is not eligible for trademark protection unless it has acquired distinctiveness due to extensive use.
What Is The Reason Behind For The Rejection Of “Energy For The Journey”?
Do you know? The main reason behind the rejection was that the phrase “Energy for the Journey” was descriptive. This phrase simply conveys the idea that the product provides energy for a journey, it was too generic.
The reason that Monster Energy claims the IPAB’s decision, is the lack of evidence showing that the phrase had acquired distinctiveness. On the other hand, Monster Energy can’t prove that consumers associate this phrase with their brand. Therefore, this phrase could not be able to qualify for trademark protection.
Let’s Focus On What Can Monster Energy Do Next?
Although the IPAB’s decision is a setback, Monster Energy still has options. Let’s see –
1.Can adopt a new slogan – The company “Monster Energy” can create a new slogan that is distinctive and unique. This will help to build a stronger brand identity without any legal complications.
2.Evidence of distinctiveness – If they want to continue with the phrase “Energy for the Journey,”. For that, they have to gather evidence that is related to their brand. For collecting evidence, you can do a survey, present sales data, and showcase advertising campaigns.
3.Focus on branding rather than trademarks – Focus on branding is not enough, you can focus on packaging, product quality, and marketing strategies, basically to maintain a strong presence in the market. You should not rely solely on trademarked slogans.
When Monster Energy Loses Trademark Application Appeal in India for ‘Energy for the Journey’, then they have other options also.
Lessons Learned By Businesses
From this case, you can learn lessons for businesses on how to protect their intellectual property.
1.Choose distinctive trademarks – All companies or businesses ensure that their trademark must be unique and not merely descriptive. For that, they have to do a thorough search before applying for the trademark. It will help in avoiding potential conflicts.
2.Must understand local laws – you must understand that trademarks vary from country to country. You have to stay updated to trademark your brand without any complications.
3.Build Brand Recognition – It is necessary to invest in extensive marketing to build a strong association. It will help in establishing distinctiveness over time.
4.Prepared for challenges – All the applications that are registered for trademarking have to face challenges. They have evidence and are able to defend their application if necessary.
Conclusion
Monster Energy Loses Trademark Application Appeal in India for ‘Energy for the Journey’. This case faces a rejection which highlights the importance of distinctiveness in trademark law. It is a reminder for businesses to understand the legal standards for trademarks in India. If your trademark is rejected then you have many to adopt like innovative branding strategies, and build strong, recognizable brands in the competitive market.
For that we as a team help in updating all the laws for trademarking your brand. Our professionals help in choosing unique and distinct names so that you won’t face any legal complications.