Discover new creativity and new design make sure to reserve it for yourself only, a trademark is one kind of mark or sign that is utilized to represent a business products or services. Here is the complete information about Intellectual Property Rights (IPR) such as Trademark Registration Rectification, Opposition, Objection, Renewal, Copy Right Registration, Design Registration, Patent Registration, and Provisional Patent Registration.
2. INTELTUAL PROPERTY
Intellectual property is the result of creativity. Be it your own quote or design;
We respect it as you do. Ensure to bring it to the world to stand out of the crowd.
It takes lesser efforts to be Peculiar with your creativity.
Intellectual property is the result of creativity. Such as inventions; literary and
artistic works; designs; and symbols, names and images used in commerce.
4. TRADEMARK REGISTRATION
A Trademark generally refers to the “Brand"
or “Logo" Taglines, Captions, Business Name
etc needs the Trademark Registration. It is
the visual symbol which is used by the
owner of the trademark for goods or
services or another purpose for commerce
of trade to discriminate it from another
similar goods or services originating from
different businesses.
6. TRADEMARK REGISTRATION
Advantages of Trademark Registration
Benefits of registering trademark are as follows
1. Legal Protection
2. Good Will/Trust
3. Brand Value
4. Business Opportunity
5. Unique Identity
6. Exclusive Rights
7. Power to Transfer Trademark to Other for
Consideration
7. TRADEMARK RECTIFICATION
As a remedy for rectification of error or omission, there are provisions prescribed under trade marks act to rectify details submitted in application.
Rectification of trademark is possible prior to registration and post registration as well
8. TRADEMARK RECTIFICATION PROCESS
The Rectification
application can be filed
by applicant in
concerned form i.e. TM-
M or TM-P with
supporting documents.
The mode of application
can be online or
physical filing by
payment of prescribed
fee
The application once
filed will be scrutinized
by the registry. Officer-
in-charge may seek any
clarification or
supporting document
to prove the
genuineness of the
application.
9. TRADEMARK RENEWAL
Trademark is a distinctive sign
which distingue a good or service
coming from particular person or
enterprise
01
A registered trademark is valid
for 10 years, before expiry 10
years, trademark owner needs to
pay a renewal fee in order to
continue the trademark of next
10 years
02
If the registered trademark
expires it is required to be
renewed.
03
10. TRADEMARK RENEWAL PROCEDURES & DOCUMENTS
Not less than one month and not more than three
months before the expiry of 10 years of trademark
registration, if the registrar does not receive any
application from the proprietor (or his agent) of a
registered trademark for its renewal, the registrar
shall intimate the owner about upcoming expiration
of the registered trademark
PROCEDURES
The applicant needs to file the restoration application
in the prescribed form with prescribed fee.
After receiving the application for restoration, the
registrar will advertise the trademark once again.
DOCUMENTS
11. TRADEMARK OBJECTION
85%
65%
Trademark application for registration
made can be rejected by the authority
on various grounds if they feel for
such reasons. This may be for the
reason that of the word or logo is too
alike to a prevailing
trademark/symbol/logo and if they
register the same it could offend or
likely to cause confusion with an
existing trademark.
12. THE GENERAL OBJECTIONS RIASED IN TRADEMARK OBJECTION REPORT
The period limit to file Trademark objection reply is
validly 1 month from the date of publish /issuance of
the response from the authority.
What Is The Deadline To File Reply
For Trademark Examination Report?The reply may be straight away filed by an
applicant, but it is always desirable to go
for professional's who have better
supporting it with relevant case laws
Who Can File A Reply?
The Trademark inspectors employed or
appointed by Government at Trademark
registry issues the examination report.
Who Is Authorized To Issues
Trademark Objection Report?
The most common objections raised in examination
report are those likely based on the descriptive nature
of the trademark or with respect to likeness or alike or
similarity of the applied trademark with other marks
previously existing on Trademark registry record
What Are The General Objections
Raised In Trademark Objection
Report?
13. The average time taken to draft and
file a trademark objection reply is
about 5 to 10 working days, subject
to government processing time and
client document submission.
If the Registrar does not accept the
preliminary response, an interview is
scheduled for arguments as to why
registration for the applied trade
mark to be allowed which may create
confusion among the public at large.
Here, Client is to defend need itself
with a valid and strong proof after
which If the government is satisfied
with the response, the objection will
be lifted within 18 months.
PROCESS
If you reply to the objection with
clear proof as regards to the
uniqueness of your trademark,
the chance of clearance of your
application is high. It also
supports your application with a
valid reason and so there's no
reason for your application to be
rejected or get cancelled on the
objection made.
PROBABLE CLEARANCE
Reasons To
Response
On Such A
Trademark
Objection
BRAND PROTECTION
Till the time of the objection, the
usage of the symbol is allowed
and clients use it for a few
months. The consumers would
have become familiarized to the
brand name.
14. TRADEMARK OBJECTION REQUIRED DOCUMENTS
Logo or the Trade
Mark
Name and address
of the trademark
owner
Classification or
trademark class
Trademark used since date
15. TRADEMARK OPPOSITION
Trade Mark Registrar approves an application for advertisement in
the Trademark Journal before registration, any person in the Public is
allowed an opportunity to oppose the registration of the mark - if a
person or business entity feels that registration of the mark would
not be fair. In such cases, a trademark can be opposed. On filing an
trademark opposition, the trademark applicant is required to file a
counter with the Trademark Registrar within 2 months.
16. TRADEMARK OPPOSITION PROCESS
Respond Professionally
It's important to discuss the reason for raising a trademark
opposition with a Professional and deciding on a course of
action
No Guarantee
Filing a opposition for a trademark application does not
guarantee that the mark will be prevented from registration.
Time Line
Post filing of a trademark opposition, it is important to
periodically check the status of the trademark application until
its processing on the Government side.
Trademark Opposition
As per the Trademark Act, any person can file notice of
opposition against a trademark application within a period of
four months from the date on which the mark is advertised or
re-advertised in the Trademark Journal.
17. ADVANTAGES OF PATENT REGISTRATION
SELL OR TRANSFER PATENT
BUILD BUSINESS
ROYALTIES
MONOPOLY
PATENT VALID FOR 20 YEARS
INVENTION IS PROTECTED
19. PROVISIONAL PATENT REGISTRATION
To say, the provisional patent
helps the inventor/creator to
establish initial ownership over its
own invention on submitting the
provisional specifications of the
product or process.
A Provisional
Patent
application is an
initial step,
before the filing
of a regular
patent, for
procuring a type
of interim
protection
20. PROVISIONAL PATENT REGISTRATION ADVANTAGES
Legal Protection Competitive Edge Creation of Asset Minimal Information
Established Right Early
Evaluate Market
21. PROVISIONAL PATENT REGISTRATION PROCESS
Collecting details of the
invention 1 working day.
Draft the application based on
the details you send in.
The drafted document will be filed
with the Registrar and, on
acceptance, the client would be able
to use 'Patent Pending' on your
product any time over the next year.
Approx. 2 working days
Approximately 7 working days.
22. DESIGN REGISTRATION
Design
registration can
be used to
protect original
shapes, patterns,
ornaments, and
composition of
colours and lines
applied to any
article by an
industrial
process
Design registration is a type of intellectual
property protection, under which newly created
designs applying to a articles created under an
industrial process can be protected from
counterfeiting. Under the Design Act, 2000, a
shape, configuration, pattern or ornament or
composition of lines or colour or combination
applied to any article can be registered
23. DESIGNS THAT CAN BE REGISTRED
The design should be new or
original, not previously published
or used in any country before the
date of application for
registration.
The design should relate to
features of shape,
configuration, pattern or
ornamentation applied or
applicable to an article.
Thus, designs of industrial
plans, layouts and
installations are not
registrable under the Act.
02
The design should be
applied or applicable to any
article by any industrial
process.
03
01
24. DESIGN REGISTRATION BENIFITS
A registered design provides the
creator, exclusive rights over use of
the design for a period of ten years,
that can be further extended for a
period of five years.
All documents pertaining to a
registered design are maintained by
the Patent Office to put competitors
on notice about registration of a
design.
26. COPYREIGHT REGISTRATION
Copyright Registration Confers Upon Its Owner Exclusive Rights To Copy Or Reproduce The Work Or Allow Or Give
Permission To Another Person To Do So. Copyright Is Ordinarily Possessed By The Creator Of The Work. Copyrights
Are Also Transferable.