PROTECT YOUR IDEAS
In this era of innovation and technology, it is crucial to protect your ideas when it comes to building a business out of them. Big companies have dedicated teams and resources engaged in the legal nuances of copyrights, patents and trademarks- anything and everything to avoid intellectual property theft. When it comes to small and mid-scale businesses, especially in India, IP ( Intellectual property ) is still not given the priority as it demands. When starting a new business or expanding an existing one, the shareholders have a responsibility to make sure they are safeguarding the crux of their business- the intellectual property.
Since idea generation is the biggest challenge in this era, where innovation does not come easy - includes a lot of Research & Development, human resource and legal complexities. It is crucial to engage in conversations of IPR- Intellectual Property Rights. We help businesses with just that-whether it is Patent, Trademark, Copyright or any other type of Intellectual Property- our team at Vyapaar Pundit is always there to guide you so that your idea is protected and your business flourishes without unnecessary hiccups.
Trademark search means the step wise process of checking whether the selected brand name is available for use under a particular trademark class. Trademark search is done to check if the name to be registered is already taken by others or is closely similar to existing trademarks in trademark database. Proper trademark search is important in trademark registration process.
A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest. A registered trademark is your business’s intellectual property/ intangible asset. It protects the investment made into creating trust and loyalty among your customers. The registration provides the right to sue against others who try to copy your trademark and prevents others from using a similar trademark to the one registered by you.
It is necessary to renew trademark registration as it is has a validity of 10 years. Trademark registration renewal can be done beginning from 6 months before the date of the expiry. A notice for trademark renewal is sent before the date of expiry. If an individual still fails to renew the trademark then the registrar may remove the trademark from the Trademarks journal. But again this happens only after 12 months after the expiry date. Between 6 and 12 months after the expiry trademark registration can be renewed on payment of a fine through a process called restoration.
Reply To Trademark Objection:
In some cases, the trademark examiner might see certain problems or issues with the registration of your trademark. These issues can be either the filing of an incorrect trademark form, incorrect name/details, the usage of deceptive or offensive terms, insufficient information on goods or services, or the existence of an identical or deceptively similar mark.
When an objection is raised, the status on the register will show as ‘Objected’, following which an expertly drafted response will need to be filed after an analysis of the objection itself and with any supporting documents and proofs. Objection response is your opportunity to strengthen the claim over your mark and create urgency.
If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or if there are additional clarifications sought by the examiner, there could be a trademark hearing scheduled and this will be communicated to you by a notice.
The process typically takes 2-4 months from when the objection is first raised. Once completed, the chances for approval, while not guaranteed, are much higher.
License of trademark:
Trademark licensing is the process wherein a registered proprietor 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 proprietor to let others use the mark without assigning the ownership of the mark. The proprietor can also put other limitations on the use of the mark through the terms that he puts into the licensing agreement. For example, the proprietor may license a trademark to be used for only particular goods and services.
Copyright is the right of ownership entitled to literature, drama, music, artworks, sound recordings, etc. Copyright registration grants a bundle of rights that comprise rights to reproduction, communication to the public, adaptation, and translation of the work. Registering a Copyright ensures certain minimum safeguards of the rights of ownership and enjoyment of the authors over their creations, which protects and rewards creativity.
It is necessary to register for copyright because it makes you communicate to the public, reproduce the rights, adapt and translate the works.
Lately, there has been a substantial increase in the amount of intellectual property being registered in India as the awareness about intellectual property laws has increased. Copyright registration happens to be one of the critical types of intellectual types of property protection.
Copyright registration is done as per the regulations of the Copyright Act,1957. The author's creative work cannot be copied as no person is allowed to use the same without the permission of the author or the creator. The author can charge others for using or changing his work. The copyright protection typically lasts for 60 years.
Copyright Objection means, the copyright department has examined or checked your copyright application and while checking, they have reasons to object the application and ask for clarification on certain points. The copyright registry sends a letter to the applicant asking for reply.
Drafting and Filing Patent Application:
A patent is an exclusive right to prohibit others from using, making, or selling an innovation for a fixed period of time. The first step an investor should take to prevent his or her innovation from being misappropriated is obtaining a patent.
A patent search is a preliminary process for filing/applying for a patent. Before such a right is granted, there obviously is a rigorous check on whether the process or product is inventive, novel and industrially applicable. It involves a search of the database of the intellectual property regulator of India to check whether there exists an object or invention that is the same as or similar to the applicant's invention.
Filing Renewal of Patent:
Patent renewal is important for the lifespan of a patent. A patentee must ensure that the patent is regularly renewed to make sure that the patent is in force. The Indian patent act provides for various methods and ways to ensure the renewal and restoration of a patent.
A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition, or ornament of lines or colors that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not taken into account upon the principle of construction or anything which is in substance a merely mechanical device.