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Intellectual Property Rights

TRADEMARK REGISTRATION

A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements used by an individual, business organization, or other legal entity to identify their products or services to consumers and to distinguish its products or services from those of other entities. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark

Trademark Registration Process

STEP 1: Trademark Search
It is advisable to conduct a trademark search for the relevant classes before filing the application to register a trademark in order to make sure that there is no identical or similar trademark already registered or for which an application for registration has been submitted.

STEP 2: Filing of Trademark Registration Application
The second step in the Trademark registration procedure is filing of Trademark registration application after getting the positive search report.

STEP 3: Examination of Trademark Registration Application:
Third step in the Trademark registration procedure is issuance of examination report by the Trademark office. Upon receipt of Trademark registration application, the Registrar issues an examination report after examining the application.

STEP 4: Publication in the Trademark Gazette
If after a preliminary examination, the Trademark Registrar considers the mark to be distinctive, it orders the publication of the mark in the Trademark Gazette.

STEP 5: Trademark Registration
Fifth step in the Trademark registration procedure is the issuance of Trademark registration certificate. After the application for Registration of Trademark is accepted by the Registrar, the Registrar shall issue to the applicant a Certificate of Registration under the seal of the Trademark Registry.

If there is no objection and /or opposition raised, the process of registration of trademark usually takes 1-1.5 years. But, that is all back end process, one can start using TM mark after filing an application with trademarks registry (i.e. Step-2). The registry will provide acknowledgement that is the proof of successful submission of application.

Our highly skilled and experienced team can help you in registering your brand in a hassle free manner.

Copyright Registration

Copyright registration in India is governed by The Copyright Act, 1957. The Act protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Copyright is basically a legal right which has been provided to the creators of literature, dramatics, musical and artistic work and even the producer’s films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work.

Doing a particular work takes lots of efforts and energy and therefore protecting the work done is as important as doing it. And one of the medium through which one can protect as well as enjoy certain rights over his/her works is Copyright.

Benefits of Copyright Registration:

Legal Protection
Branding or Goodwill
Global Protection
Restricts Unauthorised Reproduction
Creation of Asset

Patent Registration

The Patenting system in India is governed by the Patents Act, 1970 & The Patents Rules 1972. Patent is an exclusive right for an invention provided by the law for a limited time to the applicant. By patenting an invention, the applicant is able to control the making, using, selling or importing of the patented product or process for producing that product without his/her consent.

For an invention to be patentable in India, the invention should meet the following criteria:

Novelty - it has to be a new product or process and has not been published in India or elsewhere before the date of filing of the patent application in India
Inventive Step/Non Obvious - someone who is skilled in that particular field should consider the invention to be an unexpected or surprising development on the invention date
Industrial Applicability - it should be capable of being made or used in an industry

Patent registrations have a validity of 20 years from the date of filing of patent application. The invention can be anything such as process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs.

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