Eligibility
In India, anyone who claims to be the trademark proprietor, whether a person, proprietor, organization or other lawful organization, can apply for a trademark. The trademark application can be filed, and the "TM '' sign can be utilized within a few days post enlistment taking after enrollment. The Trade Mark Registry takes at least 6-8 months to enlist if there's no complaint raised by the Registry. In case of a complaint, it might take up to 18 months. After the trademark is enlisted and the enrollment certificate is issued, the registration symbol i.e. R, can be utilized. Once a trademark enrollment is done, it will be valid for 10 years from the enrollment date and has to be renewed at the due time.
Who Can Opt
- Any Person Person
- Shared Ownership
- Partnership Firm
- LLP (Limited Liability Partnership)
- Indian Corporation
- Foreign Corporation
- Society or Trust
Kinds of Trademark Registrations
- Service Mark- A service mark is comparable to a product mark representing service. The essential function of a service check is to separate its proprietors from the proprietors of other benefits. Accordingly, trade mark applications submitted under the trademark classes 35-45 may be classified as service marks since they represent service.
- Marks in the series- These are the marks that have been enlisted for utilization before or after a chain of things that share a comparative postfix, prefix or symbol.
- Mark of Sound- A sound mark is a sound that may be connected to a product or service that starts from a service provider. Sound logos, frequently known as Audio mnemonics show up at the starting and conclusion of advertisements.
Advantages
- Exceptional Rights
- Increases Believe and Loyalty
- Product Differentiation
- Gives a sense of character to a product's quality
- Creating Assets
- Use of the ® Symbol
- Protect Against Infringement
- Ten A long time of Low-Cost Protection
- Global Trademark Registration
- Recruit Human Resources
Background
The trademark registry was established in 1940, followed by the Trademark Act in 1999. As of now, the trademark registry serves as the Act's operational or functional body. It can too be expressed to be functioning concurrently. As a functioning entity, the trademark registry regulates all of the laws and regulations of the Indian Trade Mark Act.
The trademark registry's base camp are in Mumbai, with department workplaces in Delhi, Ahmedabad, Chennai, and Kolkata. When enrolling a trademark, it is to begin with enrolled under the Trade Mark Act of 1999, and at that point it is enrolled with the trademark recorder. Before enlisting a trade mark, the registrar will confirm to see if it fits all of the Act's requirements.
Trademark Classes
- Class 9 consists of mobile software (App) and electronics.
- Readymade Clothing is included in Class 25.
- Class 35: involves business management and advertising, online retailing or wholesaling, e-commerce.
- Education and entertainment are included in Class 41.
Documents Required
- Name of the applicant
- Type of business
- Nature of business (specific goods/services)
- Name of a brand/logo/slogan
- Registrant's mailing address with PIN CODE.
- Form-48 has been signed. (Power of Attorney/Vakalatnama)
- Signatory identification evidence
- Proof of the signatory's address
- Business validation (depends on the type of business)
- MSME registration certificate/Udyog Aadhar (optional)
Trademark Renewal
The legitimacy of the Trademark exists for 10 years. Thus, one ought to renew their Trademark certificate inside the specified period to dodge any complaint & interruption. This application has to be filed on or before 6 months from the date of close of the registration.
Who can apply for Trademark Renewal:
- Individual
- Joint Owner
- Limited Liability Partnership
- Trust or Society
- Proprietorship Firm
- Partnership Firm
Documents Required
Details of the Applicant: Name, Address, Nationality of the applicant, Corporate body/other entity need to provide with a registration certificate.
Power of Attorney: A candidate must sign the power of attorney rightfully if they are registering for Trademark Renewal through any advocate or legal firm.
™ Certificate: Trademark Registration Certificate issued by the Ministry.
Benefits
- Secure your brand names
- Eliminates any legal rights
- Increases Brand value
- Diminishes Duplicity
Trademark Objection
Reason
- Incorrect Name of the Trademark Applicant
- Incorrect Address on the Trademark Application
- Failure in filing Trademark Form TM-48
- Filing of Incorrect Trademark Form
- Trademark filing under the Wrong Trademark Class
- The proposed Trademark already exists
- Trademark lacks distinctive character
- Vague specifications of Goods and Services
- Deceptive Trademark
- User affidavit not attached
Required Documents
- Brand Logo
- Examination Report
- Supporting Proof of Logo ownership
Trademark Opposition
As far as Trademark Resistance in India is concerned, Section 21 of the Trademarks Act, 1999 says that "any individual" who needs to restrict a trademark application can do so by filing a Trademark Opposition.
- An candidate must have trademark enlisted for filing opposition
- Any entity/consumer/buyer/purchaser/ likely to utilize goods.
- If the mark is opposite to the law or prohibited under the Emblem and Names Act, 1950.
- If the mark contains matter related to harming any religious sentiments of any class or section of people.
Logo Design
From the exceptionally starting, we not only make a recognizable logo for you, but our legitimate master board guarantees all the legal process of Trademark enrollment as well. Palitronics team keeps in intellect the lawful viewpoints and creative necessities whereas planning your logo.
Things to be considered before designing a logo:
A Logo is the confrontation of any business organization. The Logo ought to comprise one of a kind plans, typography, and visual adjustment and without any kind of bits of knowledge from any other existing ones. Apart from the creative parts, it ought to meet the parameters of Trademark registration.
Usage of color in the logo design:
Colors have a significant effect on the human mind from a passionate point-of-view. Since color works in bunches, choosing an idealized color combination is a basic in the branding perspective as well. With greatness, our creative brains make logo design that are simple to recognize, simple to remember.
Copyright
Copyright Registration:
Copyright is the lawful process of defending any form of intellectual or artistic creation from unlawful imitation or utilization. Grounded on the Copyright Act, 1957, the creators/producers of any unique works like writing, music, cinematography, sound records, can look after their intellectual properties. Taking after the most recent amendment, computer-related programming, content, and databases can too be ensured by getting a copyright license.
Categories of Copyright
- Part A. Literary works other than computer Programs.
- Part B. Musical Works.
- Part C. Artistic Works.
- Part D. Cinematography Films.
- Part E. Sound Recording.
- Part F. Computer Programs, tables & Compilations.
Benefits
- Legal Protection
- Branding or Goodwill
- After The Creator's Death
- Prima Facie Evidence
- Owner publicity
- Restricts Unauthorized Reproduction
- Creation of Asset
- Public Record
- Copyright helps in establishing credibility in Market
- Global Protection
Documents Required
- Name, Address & Nationality of the Candidate – ID proof
- NOC from the publisher if work published and publisher is different from the applicant.
- Search Certificate from Trade Mark Office (TM -60) if any
- NOC from a person whose photograph appears on the work.
- Power of Attorney
- 2 Copies of work
- KYC of author
- DD/IPO of Rs. per work (as applicable)
- NOC from the author if the candidate is different from the author.
| Basis |
Copyright |
Trademark |
Patent |
| Meaning |
It is a helpful legal security aid for the creator/producer of any of their original artwork such as literature, music composition, sound recording, cinematography, or computer programs. Copyright ensures the entire Economic & Ethical authority of the creator on his/her intellectual properties. |
Trademark legally preserves any particular word, symbol, or designs that make a business entity distinctive among its competitors. |
It is a form of intellectual property that guards the invention of any inventor for a limited period of time. Through a patent, the inventor/owner can legally exclude others from reproducing, using or selling a particular invention. |
| Protection is given for |
Original artistic works like written text, composed music, recorded sounds, paintings, choreography, motion pictures, cinematography, computer programming & databases etc. |
Any word, logo, color, font, design that differentiate products, the identity of any particular party from others. |
Features of shape, configuration, pattern, and ornament, the form of lines, colour or blend thereof applied to each article. |
| Significance |
Expression of Ideas |
Identification of brand |
Invention |
| Govern by |
Indian Copyright Act, 1957 |
Trade Marks Act, 1999 |
Indian Patent Act, 1970 |
| Requirements of Registration |
The work must be original, creative and must be able of fixing in the tangible form. |
The marks needs to be unique. |
The design needs to be original and must be referred to the article by any industrial process. |
| Exclusions |
Others are not permitted copy the work without the permission of the creator. |
Stop others from using the same logo/symbol. |
Stop others from using the invention without the permission |
| Validity Term |
The validity time in copyright is 60 years. |
The validity time in trademark is 10 years. |
The validity time in a patent is 20 years. |
| Rights Provided |
The right to be the owner of the original artworks and excludes others from illegal copying, distributing and reproducing of the copyrighted intellectual properties. |
Rights to apply the mark, design, color, font and stop every illegal usage of the same by any third person. |
Right to stop others from producing, selling, using or importing the patented invention. |
Patent Filing
A Patent is a statutory right for an invention granted for a constrained period of time to the patentee by the Government, in trade of full divulgence of his innovation for excluding others, from making, utilizing, selling, importing the protected item or process for creating that item for those purposes without his consent.
What can be patented ?
An innovation relating either to a product or process that is new, including creative steps and competent mechanical application can be patented. In any case, it must not drop into the categories of innovations that are non- patentable under sections 3 and 4 of the Act.
What are the criteria of patentability ?
An innovation is patentable subject matter if it meets the taking after criteria –
- i) It should be novel.
- ii) It should have innovative steps or it must be non-obvious.
- iii) It should be capable of Industrial application.
- iv) It should not draw in the arrangements of section 3 and 4 of the Patents Act 1970.
What is an Ordinary Application ?
An application for obvious recorded in the Patent Office without claiming any need either in a convention nation or without any reference to any other prior application under process in the office. Such a sort of application is known as an ordinary or Permanent application.