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Trademark/Copyright/Patent registration

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Brief About Trademark, Copy right, Patent:

Intellectual property comprises of intangible creations which are a product of human intellect. Intellectual property laws exist to encourage the continued creation of a diverse range of intellectual goods by offering protection from theft and unwarranted use. Intellectual property owners are afforded protection by law for goods and information they create for a set period of time.

Who needs trademark?

Business and product owners file for a trademark. It protects a name, word, slogan, symbol, design, and/or image identifying a business or brand and distinguishing it from others in the same field.

Copyright can be sought for by authors, artists, choreographers, architects, and other creative professionals. While an idea cannot be copyrighted, the tangible form of an idea can be. This includes original works of authorship, photographs, sculptures, choreography, architectural works, sound recordings, motion pictures, and other creative works.

Inventors and designers file for patents. A patent protects inventions with a new or improved function. This includes machines, processes, or chemical compositions, or the design for some product.

Registration Process for Trademark:-

  1. Search :- Conduct a trademark availability search.
  2. Filing :- Trademark application to be filed with Trademark office.
  3. Examination:- Trademark Office examines the registrability of the application.
  4. Publication :- In Trademark Journal acceptance of application by the Registrar is published.
  5. Opposition:- Third party(ies) can oppose the registration within 4 months in a prescribed format, after publishing of applications in the Trademark Journal.
  6. For such opposition, Applicant has the option to provide justification to the Trademark Office.
  7. Trademark is entitled for registration in case of NO OPPOSITION.

Registration Process for Copyright:-

  1. Application for registration is to be made on as prescribed in the first schedule to the Rules;
  2. Separate applications should be made for registration of each work;
  3. Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ; and
  4. The applications should be signed by the applicant or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.
  5. You have to wait for a period of 30 days after you file your application and receive diary number so that No Objection is filed in the copyright office against your claim that particular work is created by you.

Registration Process for Patents:-

  1. Patent Searches :- If an invention is found in prior arts or closes to prior arts then the novelty of that invention can be challenged by the Indian Patent Office. Therefore it is important to perform prior art searches in order to save the money and time of an applicant.
  2. Patent Drafting :- Step by Step Procedure For Patent registration in India After conducting thorough searches worldwide, the invention is written in a techno-legal language known as the specification which can be with or without claims. 
  3. Patent Application Filing :- Each application for a patent which is filed with the Indian patent office needs to be accompanied by the forms provided below:
  • Form 1 – Application for grant of a patent
  • Form 2 – Provisional/Complete specification)
  • Form 3 – Statement and undertaking regarding foreign application under section 8 (only required if a corresponding patent application is filed in another country)
  • Form 5 – Declaration as to inventorship (only to be filed along with the complete application)
  • Form 26 – Form for authorization of a patent agent (only required if you are using a patent agent to help you file the application)
  • Form 28 – To be submitted by startup or small entity (only required if you are claiming startup or small entity status)
  • Priority documents – In case you are claiming priority from a foreign patent application and entering India, you may be required to provide the priority document as well.

 

4. Publication of Patent Application :- After expiry of 18 months from the date of filing or date of priority whichever is earlier, the application is published in an official journal and is open to the public. This is chance given to the public to raise an objection if any.

5. Examination of patent Application/Patent Prosecution:- The patent application is examined only when a request for examination has been filed. The request for examination has to be filed within 48 months of the application filing date or date of the priority. The patent examiner examines a patent application and issues an examination report. The examination report contains a series of objections raised by an examiner. The response to an examination report has to be filed within 12 months of the issuance of the examination report. If needed examiner calls applicant or his agent for hearing. This phase is called as patent prosecution.

6. Grant of a Patent :- After all objections to the examination report have been compiled and the examiner is satisfied with the reply of an applicant, the application is put in order for grant. On the other hand, if the examiner is not satisfied with the reply and arguments of an applicant, then he/she can reject the application.