Trade Mark Registration & other Intellectual Property

If you are thinking about a new product or service and want to register its logo, then a distinctive Trade Mark registration is the solution. A Trade mark can be the most valuable tool for marketing your product. The public identifies a Trade Mark with certain quality, reputation and image concerning your good or service. The more popular the Trade Mark is, the more successful your business will be.  

The same theory applies in the case of Patent, Copyright, Registered Designs, Plant Breeder’s Right etc. These are collectively called Intellectual Property.

What is Intellectual Property ?

Intellectual property or 'IP' is a broad term that is used to describe the results of creative and innovative efforts. It is described as 'intellectual' because it is the result of the application of the mind. It is described as 'property' because, just like other property, it can be owned, sold and transferred, leased or given away.

The exclusive rights for IPs are recognized in law, owners are granted rights to a variety of intangible assets. The law allows creators, or owners, of patents, trademarks or copyrighted works to be benefited from their own work or investment in a creation.

Where to apply for registration of Intellectual Property?

“Controller General of Patent Designs & Trademarks” under Ministry of Commerce & Industry is the sole agency to register IP in India. Following is the link of the website, where you can register your IP online and/or you can contact a recognized agent providing this service (List provided in the website)

http://www.ipindia.nic.in/
 

What happens if you do not register your ownership rights?

Non-registration of ownership rights may lead to someone else using the intellectual property without any benefits to you and even assume ownership of the said property. Patent and copyright information also help in avoiding duplication of research.

Intellectual Property commonly covers the following:

1. Trade Marks (for logos and brands)
2. Patents (for new or improved products and services)
3. Registered Designs (for the shape or appearance of a product)
4. Plant Breeder's rights (for new plant varieties),
5. Copyright (including software, databases, and other copyright works), and
6. Process and Circuit layout design rights.

What is a Trademark?

A trademark may be a word, symbol, logo, slogan, or any combination thereof that is used to identify and distinguish one person’s goods or services from the goods or services of another. It also serves as an indicator of source of the goods or services.

Notation with Trademark: Use of "TM" or "SM" is used.The "TM" or “SM” notation is merely a means of informing third parties that the person claims trademark rights to the word, slogan, or phrase associated with "TM" or "SM" notation. The same can be used once the application is made for registration of a Trademark.

What are the different types of Trademark?

Basically there are three types of Trademarks, namely

1. Trademark and Service mark
2. Collective mark
3. Certificate Trademark

What are the term of Trademark ?

The term for Trademark is for ten years but the mark can be perpetually on the Register by renewing it every ten years. The same can be assigned and licensed.

What is Patent?

Patent enables its owners to exclude from making, using and selling its inventions.

What is the Term of patent?

The term of patent is for twenty years (20), provided the maintenance fee is paid at the end of every year.

Is it a Territorial limitation?

Patent laws are territorial; a separate patent must be obtained in each country. Indian patent office protects invention only filed in India.

What is patentable?

Only inventions are patentable. An invention must be new, useful and must involve inventive steps compared to closest prior art. A new and unobvious product, process, apparatus or composition of matter will generally be patentable.

Who can apply for a patent?

An application for obtaining a patent can be made by a true and first inventor who holds the rightful ownership in the invention.

What are the documents required for filling a patent application?

1. Application Form (form 1),
2. Specification (Provisional/Complete) [Form 2],
3. Drawings (if any),
4. Undertaking under section 8 (form 3), and
5. Power of Authority (if the patent application is filed through a patent attorney)

What is patent specification?

A patent specification discloses the details of the invention for which the patent protection is sought. The legal rights in a patent are based on the disclosures made in the specification. Specifications are of two kinds

1. Provisional: A provisional specification discloses incomplete invention or inventions requiring time to develop further. The provisional specification is filed to claim the priority date of an invention.
2. Complete: The document, containing the detailed description of invention along with the drawings and claims, is called as the complete specification. Also the description regarding prior art is included in the complete specification.

What is the date of priority?

The date of priority is the date on which the patent application either with provisional specification or with complete specification is filed at the patent office.

What happens to the application after filing?

Initially, a patent examiner examines the patent applications and then communicates the objections, if any, to the applicant via first examination report. The applicant has to meet up with the compliance of the patent office within specific time frame, if the applicant fails in doing so the application shall be abandoned. Otherwise the application is published in the patent gazettes issued by the patent office. The said published application is open public perusal and opposition. If there is no opposition the patent shall be granted.

What is Design?

The design means the features of shape configuration pattern, ornament or composition of lines or colours applied to any article whether in two-dimensional or three dimensional or in both forms. Design registration does not cover the mechanical features of the item.

What is Plant Variety and Farmers Right Protection ?

Under this act breeders will have rights to protect the new variety of plant/crop either in person or through any one he designates. The rights under this act include the right to produce, sell, market, directly or export a variety.

Further the Act defines the farmer’s rights as follows:

• The farmer shall be deemed to be entitled to save, use, sow, exchange, share, or sell his farm produce including seed of a variety protected under this act in the same manner as he was entitled before the coming into force of this Act but the farmer shall not be entitled to sell branded seed of a variety protected under this Act.
• Plants are not patentable in India. However, plants can be protected under the provision of the Plant Variety Protection and Farmers Rights Act as mentioned herein above.
  

What is Copyright?

Copyright means exclusive right to do or authorize others to do certain acts in relation to

1. Literary, dramatic, musical and artistic works.
2. Cinematograph film
3. Sound Recordings

The nature of the acts varies according to the subject matter. Basically copyright is the right to copy or reproduce the work in which copyright subsists.

DISCLAIMER

The Information made available here are purely as a measure to give basic knowledge to our accredited members. The provisions of the Acts, Rules, Notifications and Circulars or instructions shall prevail as per current Law. The Bihar Chamber of Commerce & Industries will not be liable for any consequences, legal or otherwise, arising out of the use of any such information given here.

For further / complete / update Information contact your legal advisor.