Trademark
Trademark Rectification Filing
Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register, after the trademark registration. A mark may have been wrongly registered or may have remained on the register even after its expiry.
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Trademark Renewal
A Trademark Registration is granted for a term of 10 years in India. The renewal of the trademark is necessary to continue enjoying your ownership rights over it. Renew your trademark before 6 months from the date of expiration or within one year of expiration with prescribed surcharge.
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Trademark Licensing
Trademark licensing is the process wherein a registered owner of a trademark authorizes a third party to use the mark in the course of trade without transferring the ownership of the mark. The licensing of the trademark allows the registered owner to let others use the mark without assigning the ownership of the mark. The owner can also put other limitations on the use of the mark through the terms that he puts into the licensing agreement.
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Trademark Assignment
A registered owner of the Trademark has the right to sell, license or transfer the rights to anyone as it is an Intellectual Property owned by him. Such transactions can be done either through Trademark Assignment Agreement or through Licensing. With a trademark assignment, the ownership of registered trademark changed to the assignee.
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Trademark Watch Service
A Registered and Established Trademark is an asset to a business and establishing the same undergoes many strains and pains. Therefore, it is important for a business owner to ensure effective use and the safety of the mark for which Trademark Watch needed to be assigned. With trademark watch service, BookMyTM examine all relevant trademark registers to identify the trademark which are identical or similar to registered and assigned Trademark.
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Trademark Opposition
Trademark opposition may come at the stage after registrar has approved the trademark application on the distinctive factor and publishes the trademark in the journal to know whether any third parties have opposition. Anyone who finds a reason (ie: similarity with the mark he/she owns or The trademark is similar or identical to an earlier or existing registered trademark, the mark is devoid of distinctive character, the mark is descriptive in nature, application for the trademark is made with bad faith etc) to oppose the published trademark in the journal within 3 months, which can be extended to 1 more month (effectively 4 months) from the date of publication of journal.
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Permanent Patent Registration
The Complete Patent is exclusive legal right of owner of the same (patentee) which grants him/her the legal authority to prohibit others from using, making, selling, offering for selling or importing a particular invention. The above rights of the patentee vest in for 20 years from the date of filing of patent application. The validity of 20 years is set to inspire patentee to create more invention hence to attract fame and monetary benefits out of the same.
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Provisional Patent
A patent is an exclusive legal right of the owner of the same (patentee) which grants him/her the legal authority to prohibit others from making or using a patented invention. A provisional patent application is a brief synopsis disclosing the essence and nature of the invention, which is a kind of preliminary application that an inventor can file before filing the complete patent application. Even it explains the patent in brief; filing a provisional patent is very useful for the inventor as it locks the priority date and secures the invention, so that no one else can claim authority over it.
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Patent Search
Patent search is the first thing to be done before applying for a patent. The main purpose of a patent search is to determine how different an invention is from what already exists, if anything. With a proper patent search, we-BookMyTM will get an idea about the information available in the public domain related to the proposed invention.
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Design Registration
Design registration is a type of intellectual property protection used to obtain protection from counterfeiting for the features of Shape, Configuration, Pattern or Ornaments. With Design Registration, the creator gets exclusive right to use the design for 10 years, which can be extended for further 5 years.
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Copyright Registration
Copyright registration gives exclusive, monetary rights and benefits to the original author/creator of art, literatures, cinematographed films, music, sound tracks and broadcasts. With the copy right registration, the owner only can make monetary benefits out of creations by making copies, by performing in public, broadcasting and issuing copies to public or various other online uses. Copyright is automatically generates while an author/creator creates something, but you must register a copyright legally to ensure legal rights over the creation so that any other can exploit your work.
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FAQ
What is Intellectual Property Rights (IPR)?
Intellectual property is the intangible property that is the result of creativity and intellect and the IPR is the rights that secure and protect these intangible assets through different modes of IP protection like patents, copyright, trademark, industrial designs, geographical indications, the layout design of integrated circuits, undisclosed information (trade secrets) and new plant varieties.
What is the difference between copyright, patent and trademark?
A trademark is assigned to a word or logo for securing one’s brand and copyright grants you the protection for your original creative content such as books, music, videos, songs or even software. The patent is for securing new inventions and inventive processes that are novel, has some utility and an inventive step and same should have an industrial application.
Whether IPR registration is mandatory for businesses?
There are no mandatory requirements for the businesses to register under IPR law. However, the registration grants the owner exclusive rights over their properties and legal protection by stopping others from using it without the owner’s approval. This is the main reason to obtain registration under Intellectual Property law.
How IPR registration is economically beneficial?
Once obtained the registration, the owners can assign (transfer) the right of using the trademark or copyrighted content or the patent at consideration. The assignment can be absolute or partial and can be limited to a specified term.
Whether registration of my company under Companies Act is sufficient to secure trademark rights?
No, registrations of Company Names, Business Names or Domain Names are not similar to trademark registration as they don’t secure your trademark or brand name from public use. Trademark registration gives the exclusive right to the trademark owner to exclude anyone else from using the same or similar brand name.
What is expected from patentee as an obligation to the State?
A patentee must draft all the details about the patent in a document, so once the patent expires the public can use it and benefit from it. It can also be used with the patent holder’s permission when it is protected by Patent. The most essential requirement of obtaining a patent is disclosure of the invention.
How can a copyright be transferred?
The copyright can be transferred in the following way: a) For the entire world or for a specific country or territory; or b) For the full term of copyright or part thereof; or c) Relating to all the rights comprising the copyright or only part of such rights.
What is considered as the date of patent?
The term of the patent is counted from the date when the patent application is filed. If the provisional application is filed, it becomes the date but if complete specification is filed first, it becomes the filing date.