A trademark is mark which capable of –
Being represented graphically
Distinguishing the goods or services of one person from those of others.
10 years this can be renewed periodically.
Infringement, very broadly means taking unfair advantage or being detrimental to the distinctive character or reputation of a trade mark.
The Symbol ™ denotes that the application for registration for trademark is file with Trademark Office.
The Symbol ® denotes that the mark is registered trademark and the registered proprietor has exclusive legal protection enshrined in Trademark Act, 1999. The law strictly prohibits use of ® next to any mark which is not registered trade mark under the Trademark Act, 1999.
Go to e-register page of trademark office link then click on Trademark application/registered mark. This option will be displayed on left side of your screen.
It means that trademark department has raised certain objections over your trademark application.
It means that trademark has been advertised by the trademark office and I has been opposed by any aggrieved person/third party.
It means that trademark application is now abandoned due to non-submission or non compliance of Trademark Office orders.
It means that trademark department has refused to register your trademark. Generally a trademark is refused only after hearing.
Renewal application can be file before one year of the expiration of trademark.
Yes, there is no issue if you wish to protect your logo under both the laws as the subject matter of these laws is different. The trademark act protect the brand name which also extends to it ways of representation whereas the copyright law only protects artistic feature of your logo.
Nice classification was established by Nice Agreement,1957 in order to create system of classifying goods and services for the purpose of trademark registration.
Vienna codification is the international classification made for the purpose of classifying figurative element of the marks. The Vienna Codification came into existence in 1973 by virtue of Vienna Agreement.
Madrid system is nothing but an international system for registration of marks in different nations. This system aims to provide mark protection across the globe by moving single application.
Any person or business entity can file for mark registration under Madrid system if they personal or business connection with member of this system. There are total 121 countries which are signatories of Madrid system.
Copyright is a negative right which allows the author/owner of the work to refrain others from using or copying the work without his consent.
Yes, copyright can be assigned. The owner of the copyright in an existing work or future work may assign to any person the copyright for the whole term of the copyright or any part thereof.
The lyrics of song will fall under literary category.
Yes, there is separate category of work made software (SW) for registration of computer software.
In India anybody who is creator, author or owner of the work can use the symbol © as copyright cease to exist in work as soon it comes into existence. Registration of copyright is not mandatory to use this symbol©.
No, Copyright laws does protect any idea. The Copyright laws only protect expressions and such expression should be original.
No this is not an absolute rule as copyright is subject to certain exception wherein you can use the work without the consent of the author/owner like-
A patent is an exclusive right granted for an invention by the authorities for limiter duration of time as a reward to encourage new inventions and its inventors.
In India if patent is granted the term of patent protection is 20 years from the date of filling the application.
Patent Application is filed as per territorial jurisdiction. Indian Patent Office works from four location New Delhi, Mumbai, Chennai and Kolkata.
Provisional Specification is one of the primary documents filed at time of filling patent application in India. Basically, it is advisable to file as soon as the inventor can penned down the invention on the paper. The purpose of Provisional Specification is to secure priority date.
Title of the invention
Description of the invention
Field of the invention
Background of the invention
Object of the invention
Statement of the invention
Complete Specification is one of the crucial documents in patent filing. Complete Specification is called techno-legal document as it defines the best method of performing the invention and legal claims of the inventor over the invention. It is advisable that complete specification should be drafted with lot of attention and clarity. The ambit of Patent Protection is derived by the Complete Specification.
Complete Specification should be file within 12 months from the date of filing Provisional Specification.
Patent Application is published after 18 months of filing the application or date of priority whichever is earlier. It can be published earlier as well if the applicant makes request for early publication in prescribed format with requisite fee.
FER is First Examination Report.Basically, first examination report issued by the Patent Office after examining the application.
Reply to First Examination Report should be filed within 6 months (extendable by 3 months) from the date of issuance of First Examination Report.
In India opposition to patent registration can be file before or after the grant of patents.
If the opposition is filed before the grant or registration of patents it is called Pre-grant opposition. Pre grant opposition should be file within 6 months from the date of publication. Further, if the opposition is filed after the grant or registration of patents it is called Pre-grant opposition.
Pre grant opposition should be file within 6 months from the date of publication.
The design is a pattern, shape, composition of lines, colors or ornamentation applied to product. Design can be in 2D or 3D or both. Design is the way in which the product is represented and it makes it differ from other products.
The design act came into existence on 1911.
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.
Any person assignee, legal representative of proprietor.
Proprietor of the design i.e one who has created the design and other person who has worked to create the design under contact.
The application of Design registration can be file online at https://ipindiaonline.gov.in/eDesign/goForLogin/doLogin or at any of the Branch office at Delhi, Mumbai, and Chennai. The head office of Design registration is at Kolkata.
The term of protection of design in India is 10 years which can be extended to 5 more years
The government fee for registration of Literary or Dramatic work is Rs 500/- per work which is to be submit at the time of filing the application.
The government fee for registration of Computer Software work is Rs 500/- per work which is to be submit at the time of filing the application.
The government fee for registration of work Sound recordings is Rs 2000/- per track which is to be submit at the time of filing the application.
The government fee for registration of work Cinematograph film is Rs 5000/- per videowhich is to be submit at the time of filing the application.
The fee for artistic work which is used or is capable of being used in relation to any goods as per Section 45 of the Copyright Act, 1957 is Rs. 2,000/- per work. For artistic work which are not to be use in relation any good or services, the fee is Rs. 500/-.
The government fee for copyright registration of Musical work is Rs 500/-.