Intellectual Property

WHAT IS TRADEMARK ?


A trademark can be a phrase, logo, design, and combination of colours or shapes etc. and that denotes the uniqueness of a brand or the product and differentiate from competitors. It is globally acknowledged trademark is the most valuable asset of a business. With a unique Trademark, customers can easily identify your products or services among various competitors’ products.

HOW TO APPLY TRADEMARK REGISTRATION?


Trademark can be applied with the assistance of our highly experienced professionals while you sit back and relax. You not just get a trademark application services but our expert continuously track your trademark applied and update you time to time, can facilitate a detailed feasibility report on your trademark before applying by carrying thorough public trademark search and can also help you design a unique business logo.

TRADEMARK OBJECTION IN INDIA


A Trademark distinguishes the goods of a manufacturer or trader from similar goods of others and therefore, it seeks to protect the interest of the trader as well as the consumer. Registration of a trademark is initiated by filing an application with the Registrar of Trademarks. The Registrar would then process the application and issue an Examination Report. The registrar can approve or raise objections regarding to the Trademark if he finds necessary to do so. The points as to why the trademark cannot be registered are set out are contained in the objection. Matters in which an objection for registration of a trademark is raised by the registrar, the applicant has an opportunity to submit a written reply for the objection raised. The objections are mentioned in the Trademarks examination Report. The reply to the Trademark Examination Report must contain reasons, answers to the objections raised, and relevant case laws, supporting documents, facts and evidences as to why the mark should be registered in favour of the applicant along with supporting evidence, if any. If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration. It is always advisable to hire a professional for drafting a reply in case of objections as they are expertise with relevant trademark laws and case laws that are pertinent to file the reply efficiently. Reply your trademark objections from all in India.

PROCEDURE FOR TRADEMARK OBJECTION REPLY ONLINE FILING



The primary step involves studying carefully and analyzing of the objections raised by the registrar. Any mistake or ambiguity as to understanding the objection raised may lead to wrong filing of trademark objection reply. The second step is to prepare a trademark objection reply. This includes drafting of the reply. The reply must contain : An answer to the objections raised. Relevant case laws Supporting documents to prove inherent or acquired distinctiveness. An affidavit of Usage along with supporting documents could also be filed along with the reply to the examination report which shows that the trademark has acquired distinctiveness and is being associated with the goods/services of the applicant due to its prolonged usage. It is crucial that the response to the objections is clear and thus establishing the distinctiveness of the mark, thereby showing that it is fit to be registered. Drafting of reply needs proper expertise and knowledge so it is advisable to hire an expert attorney for the same. Once, the reply is drafted it needs to be filed online on the portal of trademarks registration site. If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.

ABOUT PATENT


A patent is a form of intellectual property. A patent gives its owner the right to exclude others from making, using, selling, and importing an invention for a limited period of time, usually twenty years. The patent rights are granted in exchange for an enabling public disclosure of the invention. In most countries patent rights fall under civil law and the patent holder needs to sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant. The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a granted patent application must include one or more claims that define the invention. A patent may include many claims, each of which defines a specific property right. These claims must meet relevant patentability requirements, such as novelty, usefulness, and non-obviousness. Under the World Trade Organization's (WTO) TRIPS Agreement, patents should be available in WTO member states for any invention, in all fields of technology, provided they are new, involve an inventive step, and are capable of industrial application. Nevertheless, there are variations on what is patentable subject matter from country to country, also among WTO member states. TRIPS also provides that the term of protection available should be a minimum of twenty years.

ABOUT COPYRIGHT


Copyright is a legal right, existing in many countries, that grants the creator of an original work exclusive rights to determine whether, and under what conditions, this original work may be used by others.This is usually only for a limited time. Copyright is one of two types of intellectual property rights, the other is industrial property rights.The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright on ideas is that copyright protects only the original expression of ideas, and not the underlying ideas themselves. Copyright is applicable to certain forms of creative work. Some, but not all jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders.[citation needed.These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rights". This means that copyrights granted by the law of a certain state, do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and sometimes a large group of countries, have made agreements with other countries on procedures applicable when works "cross" national borders or national rights are inconsistent.