TRADE MARK REGISTRATION
A Trademark distinguishes your goods or services from another same line business or your competitors and can take many forms; for example, words, slogans, logos, shapes, colors and sounds. By trademark registration, you own legal right to use the Brand name or Logo and can put restriction on others from using the same.
Trademark is registered for specific goods or services within individual subjects, known as classes. This should not be descriptive and must not include common surnames, geographical names, registered company names or anything implying royal patronage.
TRADE MARK OBJECTION REPLY
A trademark is a logo, brand, name or slogan/tagline, or a combination of both that represents your business brand’s identity. Very often, during the trademark registration process, Trademark Registrar raises objections during the examination of your filed Trademark application. Registrar raises objection due to several reasons like your applied TM is similarity or identical with an existing trademark; offensive to a particular religion; absence of adistinct design; etc. Therefore, When you received an communication from Registrar of Trademark office that your Applied TM is open to Objection with ground(s) of the objection, you herein get an option to response ( File a Reply with your contention) against the said Objection within 30 days from the date of receipt of Communication letter. Objection Letter department send on email. If NO response filed within the time limit, your application will get abandoned.
HEARING – TRADE MARK & COPYRIGHT
When you file Reply against Objection raised by registrar in his Examination report, either Registrar get satisfied with your Reply and Accept for Advertisement in journal OR Registrar is not Satisfied with the contentions in supporting of Why TM should be granted to you. IN THAT CASE, Registrar issue a Show Cause Notice (SCN) directing the proprietor/agent of the proprietor to attend in person before Registrar at specified Date and Time and keep your contends and argue with valid points in your favour. Preferably study few past cases similar to your case and Registrar has granted TM in earlier similar cases. During the hearing, it is the art of the agent or the proprietor to convince the Registrar to allow the mark within its legality. One of the most common methods, for example, to prove distinctiveness is show usage of the mark in India so much so that the mark has ‘acquired distinctiveness.’ If the Registrar is convinced with the arguments, the mark shall be ordered to be advertised. Else the mark shall be refused.
COPYRIGHT REGISTRATION
It registration with IPR Authority essentially ensures that any creative work cannot be copied without the permission of the author or creator. This allows the author to charge others for copying his work, or modifying it, or building on top of it. For example, downloading an image from Shutterstock and using it on your own website without purchasing or taking on rent is violating the copyright of Shutterstock. Shutterstock can file a suit against you to claim its value of the image
INDUSTRIAL DESIGN REGISTRATION
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
PATENT FILING
A Patent is an exclusive set of rights granted by the Authority to the Applicant of an invention for a period of 20 years under the Patent Act in India.
Patent is a legal document, which gives an inventor the exclusive right to make, use, and sell an invention for a specified number of years.