A trademark popularly known as brand name, is a visual symbol in the form of a word or a device or a label applied to the commercial goods or service to enable the consumer public to identify one trader's goods from similar goods of other traders.
What is a service mark ?
Under the TradeMarks Act, 1999 registration of " service mark " can be done. Such " service mark " can be used as a trademark but applied to services rather than goods i.e., Banking, Communication, Education, Financing, Insurance, Chit Funds, Real Estate, Transport, Storage material treatment, Processing, Supply of electrical or other energy, Boarding and Lodging, Entertainment, Amusement, Construction, Repair, Conveying of news or Information and Advertising.
Whether registration of TradeMark is compulsory under the Act ?
No. Registration of a trademark is not compulsory. But for better protection it is advisable to register a trademark.
How to acquire a right of property in a trademark ?
A person may acquire a right of property in a trademark in the following modes : a) By use of the mark in relation to particular goods; or b) By registration under the Act; or c) By assignment or transmission of the right from another person
Whether the proprietor of an unregistered trade mark can initiate legal action?
Yes. The proprietor of an unregistered mark may bring legal action against the subsequent user by filing a civil suit for 'passing off action on the basis ' prior user' Furthur he can lodge criminal complaint also under the provisions of the Trademarks Act.
Whether 'transborder reputation' of a foreign trademark has been recognised in India ?
Yes. Due to increasing globilisation of trade and industry the 'transborder' reputation of a foreign trade mark has recently been recognized by various High Courts in India and the Supreme Court of India. The Indian TradeMarks Act makes no distinction between foreign and Indian brand names and advertisement of a foreign mark in india is sufficient to establish the user in india.
What are the different stages involved for obtaining registration of a trademark ?
a) EXAMINATION STAGE : Application will be examined by the examiner of trademarks at Trademark Registry the examination report will be communicated to each Applicant or Agent or Attorney by quoting objections, if any, for acceptance of the application. b) ENQUIRY STAGE : After receipt of Examination Report, a personal hearing may be requested by the applicant in order to overlook the objections by producing documentary evidences during the hearing. Thereafter order will be passed in the application by the registrar. c) ADVERTISEMENT STAGE : If the application is found to be acceptable, then it will be advertised in the Trade Mark Journal ( Offical Gazatte of the Trade Marks Registry ) to invite opposition, if any, from the public within the prescribed peroid of four months. d) OPPOSITION STAGE : ( If any ) This stage will arise only in cases when an opposition is filled against the registration of a particular trademark. If there is no opposition, then the mark will be registered.
The renewal of registration of a trademark should be made for every ten years under the present Act.
Trademark Enquiry Form
What is Patent ?
A Patent is a monopoly right granted by the government to a person who has invented new useful articles or an improvement of an article or a new process of making an article. It consists of an exclusive right to manufacture the new article invented or manufacture an article according to the invented process for a limited period. After the expiry of the duration of patent, anybody can make use of the invention.
Who can apply for a patent ?
1. Any Person being the inventer of an invention or his assignee can apply alone or jointly with any other person. 2. Applicant of a application in a basic convention country can apply by himself or through his assignee.
What is patentable invention ?
As per the Indian Patents Act, 1970 invention means any new or useful i) art, process, method or manner of manufacture, ii) machine, apparatus or other article., iii) Substance produced by manufacture and includes any new and useful improvement of any of them and alleged invention.
Whether a Foreign National is competent to file patent application in India ?
Yes. A Foreign National residing abroad is not prohibited from making an application and obtaining the grant of patent in India.
Can a Firm or a Company apply for a patent ?
Yes. A Partnership firm, a Private or Public Ltd Company or a Corporation can apply for a patent. But they cannot invent and therefore cannot be termed as 'Inventor'. Hence such bodies can apply for patent as the assignee of the 'inventor' under the Indian Patents Act, 1970.
Whether the 'prior sale' can be made before filing patent application?
No. The invented article must not be put in the market for sale or be physically sold under the invoice before filing patent application in the patent office. Otherwise the invented article or process will loose novelty to create sufficient grounds for invalidating the changes of getting a patent. Hence the novelty in the invention is lost if the article is demonstrated, worked or sold. Therefore it is advisable not to commence the commercial marketing of an invented article before applying for patent
What are the stages for obtaining a patent ?
i ) Specification ii ) Examination of application iii ) Advertisement and acceptance of complete specification in the Patent Gazette. iv ) Opposition to the grant of patent, if any. v ) Grant and sealing of the patent ...
How long does it take to grant patent ?
At present on an average it takes about 4-5 years from the date of filing application.
What is a specification ?
A patent specification is a technical document describing the invention. A specification may either provisional or complete. Provisional specification gives the initial description of an invention when the application is filed. A complete specification gives full and sufficient of an invention.
What is meant by 'term of a patent' ?
The term of the patent is meant for duration of the validity of the patent. i ) The term of patent will be FIVE years for food, drug, medicine cases from its sealing date of seven years from the date of patent whichever is shorter. ii ) The term of patent in respect of other inventions will be FOURTEEN years from the date of patent ( i.e., date of filing complete specification )
Patent Enquiry Form
A design is something which is applied to an "article" and furthur such article should have "appeal and to be judged solely by the eye". The appearance of such design must be striking and it should be "new or original". Hence a design in order to be entitled for registration under the Designs Act, 2000 must be either new or original but not previously published in India. Therefore "novelty" and "originality" are important in a design for registration.
What is Design?
A Design is the ornamental or aesthetic aspect of an article. The design may consist of three- dimensional features such as the sharper or configuration of an article or of two- dimensional features such as patterns lines or colour.
Why protect Designs ?
Designs are What make an article attractive and appealing. Therefore they add to the commercial value of the product and increase it marketability. Unless such designs are registered, nobody could claim exclusive right in the design.
Is it advisable to registered a Design ?
When you claim novelty or originality in your design, it is advisable to register such design under the Designs Act before you bring such designed article into market.
What are the Designs prohibited from registration ?
The following designs are prohibited from registration : i. A design, which is not new or original. ii. A design, which has been disclosed, to the public anywhere in the World prior to the filing date or the priority date of application. iii. A design which is not significantly distinguishable from known design or combination of known design. iv. A design which comprises or contains scandalous or obscene matter. v. A design, which is contrary to public order or morality.
What are the rights conferred by the registration of Design ?
The registered proprietor of a design has the exclusive right to apply a design to any article in any class in which it is registered. This right is called a copyright in the design. Copyright in a design can last for a maximum period of fifteen years. Therefore it becomes public property and anybody can use it.
Design Enquiry Form
1. Copyright is a legal term describing rights given to creators for their creative works such as : a. Literary, dramatic, musical and artistic works., b. Cinematograph film and, c. Sound recordings. 2. The trem "Literary work" includes computer software and programmes. Copyright is a kind of intellectual property. The important of such right has been increased in recent times due to the rapid technology developments in the field of printing, music, communication, entertainment and computer based information technology. 3. The object of copyright law is to encourage authors, computers, artists and designers to claim exclusive rights for a limited period to exploit the work for monetary gain. Copyrights in India are governed under the Copyright Act, 1957. Copyright subsists as soon as work is created.
What is covered by copyright ?
The kinds or works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers and computer programmers, databases, films, musical compostions and choreography; artistic work such as paintings, drawings, photographs and sculpture, architecture and advertisement, maps, industrial and engineering drawings.
What is the object of copyright law ?
The object of copyright law is to encourage authors, composers, artists and designers to create original work to do exclusive rights for a peroid to exploit the work for monetory gain.
i ) Artistic Work ii ) Software
Guidelines - Artistic Work
Registration of Aritistic Work Copyright Registration is not compulsory. But those who desire to get registration of the artistic work have to under two stages.
Copyright Guidelines - Software
Applicability of Copyright : Copyright is applicable to the following Works : I. Artistic Work. II. Literary Work. III. Musical Work. IV. Dramatic Work. V. Computer Programmes ( added under the copyright ( Amendment ) Act, 1994 ).
Literary Work includes " Computer Programmes, tables, compilations including computer data base ( Which is capable of reproducing any information ) .
Meaning of 'Computer Programmes'
As per definition under the said Act - " Computer Programmes " means "a set of instructions expressed in Words, codes, schemes or in any other form, including a machine readable medium capable a computer to perform a particular task or achieve a particulars result".
Copyright Enquiry Form
What is iso ?
ISO International Standards provide practical tools for tackling many of today’s global challenges. Learn how International Standards work in the real world in sectors such as Health and safety, Services, Food, Climate change, Water and many more
ISO 9001 certification is suitable for all sizes and types of organisations and is well established around the world as an invaluable Quality Management System standard. It is suitable for organisations in all industry sectors and will help your organisation to improve management processes to compete locally and/or globally.
Certification can be a useful tool to add credibility, by demonstrating that your product or service meets the expectations of your customers. For some industries, certification is a legal or contractual requirement.
What are the benefits of ISO International Standards?
ISO International Standards ensure that products and services are safe, reliable and of good quality. For business, they are strategic tools that reduce costs by minimizing waste and errors and increasing productivity. They help companies to access new markets, level the playing field for developing countries and facilitate free and fair global trade.
As an ISO 9001 certified organisation you will have implemented Quality Management System requirements for all areas of the business, including: