Intellectual property means inventions that are distinct and extraordinary. It usually includes copyrights, patents, trademarks and designs. Some examples of intellectual property are a trade logo, any work of art, a movie recording, a products design, any unique written work etc. It is very important to protect your intellectual property in india to increase creativity, profits, prevent competitors and others from exploiting your invention etc. There are seven types of intellectual property protection available namely patents, trademarks, copyrights, designs, plant breeders rights, circuit layout rights and trade secrets.
Patent rights are rights allowed to a person for a new invention, process of invention or modification of any existing invention. The patent act of 1970 consists of the law relating to patents in India. The period for which a patent is granted is 20 years. Indian patent offices are there in Kolkata Delhi Chennai and Mumbai.
A trademark is a mark that is used by a business which distinguishes itself from the rest. The trademarks act of 1999 and the trade marks rules of 2002 say about registration of a trademark. Getting your trademark registered is an important thing to be done while doing your business. Some of the advantages of getting your trademark registered are that it helps in advertising, it distinguishes your products from that of your competitors and also gives a right to use the mark. Another advantage of registering your trademark is that it helps in court proceeding where a registered trademark can be used as proof. Therefore it is very important that you choose an attractive and good trademark as it represents yours businesses identity. If the trademark name is not registered, then you do not have any legal rights and therefore cannot initiate court proceedings.
Copyright is an exclusive right given to the owner or maker of a film, book, literature, music, art etc the right to restrict others from creating and publishing copies. The main aim of providing copyright is to appreciate their efforts and encourage their creativity and also to prevent people from misusing their work. Usually an official registration of copyright is not required. However some measures can be taken by the owner to protect their work. One measure is to put the international copyright symbol with the authors name and year on the publication. Copyright protection is usually provided for a period of seventy years and may vary according to the type of work.
Design is another type of intellectual property protection in india. It mainly includes the shape, size color etc of your product. It can have three dimensional or two dimensional features. They apply to a large range of products starting from watches, clothes, luxury items, electrical products etc. Protection is provided for designs to help enhance the creativity and also helps in expansion of business and trade. The industrial design law says about getting your design registered. They differ in different countries.
Contact our licensed IP attorneys for getting Intellectual property protection in India. Call 0091-9544044440 or submit our quick contact to ask a question related to IP Management and protection.
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A trademark is a mark that is used by a business which distinguishes itself from the rest. The trademarks act of 1999 and the trade marks rules of 2002 say about registration of a trademark. Getting your trademark registered is an important thing to be done while doing your business. Some of the advantages of getting your trademark registered are that it helps in advertising, it distinguishes your products from that of your competitors and also gives a right to use the mark. Another advantage of registering your trademark is that it helps in court proceeding where a registered trademark can be used as proof. Therefore it is very important that you choose an attractive and good trademark as it represents yours businesses identity. If the trademark name is not registered, then you do not have any legal rights and therefore cannot initiate court proceedings.Below content tell about getting Registration of Trademark in India.
Sections 9 to 11 of the trademarks act of 1999 say about grounds under which the trademark may be refused.
Trademark registration procedure
A trademark can either be a name, any other word, letters, numbers, designs, shapes, colors, sound marks, marks etc. After you have decided on the name, the trademark application form (form TM-1) has to be filled. Other documents which are usually required for registration purpose are a soft copy of logo, address of the owner, date from which the trademark was used and the form of authorization (TM 48). Also a search has to be done to see whether the trademark you choose already exists. This can be filed in any of the five offices in India which are at Kolkata Delhi Mumbai Chennai and Ahmadabad. After the application is filed, it will be checked by the registrar.
Online Trademark registration in India
A Registration of Trademark in India application can also be filed online.In case there are any objections, then the registrar will issue an official examination report. The examination report will be based on whether your trademark conflicts with any other existing trademark. This can be within 3 months to one year from the date of filing of the application. If the trademark is accepted by the registrar, then it will be published in the trademarks journal. This is done to enable the public to file opposition regarding the trademark.
The period for which a trademark is granted is usually ten years. For renewal of the trademark an application has to be filed by the owner with the necessary fees to the register of trademarks before the expiry of the original registration. If the owner fails to do so, then the trademark will be removed from the trademark registry after the prescribed time period.
Call 0091-9544044440 for Registration of Trademark in India by J and J IP Management Services.
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Patent Registration process India
Patent rights are rights allowed to a person for a new invention. The process of invention or modification of an existing invention is known as patent. Patent Registration process India, is in the act of 1970.
It consists of the law relating to patents in India. The period for which a patent is granted is 20 years.
Indian patent offices are in Kolkata, Delhi, Chennai and Mumbai. Here patent applications can be filed. In sections 3 and 4 of the patent act of 1970, contain a list of inventions which cannot be patented.
The applicant has to make sure that his invention has not been patented before. The next step is to file a patent application. This can be done either by the inventor or by his assignee. The application can be filed jointly or independently. In case of a deceased person the legal representatives can make the application.
The application can be provisional specification or complete specification. Complete specification should be filed in 12 months.
The patent should not be published before the application is filed. Either the agent or the applicant can file the patent specification. It usually includes the title of invention, prior art, and any drawbacks in the prior art. If it is a complete specification then the scope of invention must be mentioned.
Complete specification can be directly filed without a provisional specification. If provisional specification is filed, the applicant can claim priority date. Besides, it gives time to the inventor to assess the market value of the invention before filing a complete specification.
The next step is filing a request for examination, which should be done in 48 hours from the date of priority or date of filing of application. A First Examination Report (FER) will then be issued by the patent office.
The patent application will be published in 18 months after the date of filing. However the applicant can make a request for early publishing. The application will be assessed by the patent officers. The application will be filed in the gazette of India, if it is found suitable. The patent will be granted if there is no opposition on payment of the sealing fee, in six months from the date of advertisement.
The patent will be open for defiance by third parties, for one year from the date on which it was advertised. Normally it is open for a period of four months. But extension for one more month will be granted if applied for.
If the application is refused, and the applicant has filed a request 10 days in advance, before the expiry of the statutory period. After that, the controller should provide a chance for being heard.
The patent office will have a register of patents. It contains the patent number, name and address of the patentee.
There are no patents that are valid worldwide. However pct patent application can be filed in any of the four patent offices in India. They should act as the receiving office for international application.
Patents have to be renewed every year by paying the required fees.
Call us on 91-484-3022295-99 for knowing about Patent Registration process India or for getting a patent registration service from us.
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