Protect Your Intellectual Property

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Trademark Registration

Trademark Registration plays a vital role in enhancing the business image and goodwill. Besides, this registration ensures the unique positioning of goods and services, thereby enabling businesses to reap more profit. In general, Trademark registration serves as a legit instrument that provides comprehensive fencing of the company’s intangible assets such as brand name and logo against possible infringement.

A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest.

The applications for trademark registration can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed online through the e-filing gateway available at the official website.

Trademark renewal

Trademark Renewal means extending the term period of trademark registration by filing TM-12 with the prescribed fee. Trade Mark renewal term is for 10 years. Trademark can be renewed in India for an unlimited period, provided renewal fees are being paid on a timely basis.

Each Trademark renewal is valid for 10 years. If a person fails to renew the trademark, the mark becomes liable to remove. Therefore, renewal from time to time is very important, especially when a portfolio of Trademarks needs to be managed.

Your registration will expire or be terminated unless you submit your maintenance documentation and payments by the deadline. If this occurs, you will have to restart the application procedure to obtain countrywide protection for your trademark.

Trademark rectification

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. In such cases, the Indian Trademark Act provides for file rectification of the registered trademarks.

Rectification of trademark is a legal procedure to rectify or correct any error or omission that was made in the particulars of a trademark as has been recorded in the registers of the trademark. A mark may get wrongly registered during the trademark registration or may even remain in the registers of the trademark after its expiry. In all these cases, the Indian Trademark Act has a provision for filing for rectification of the registered trademark.

Trademark Objection

Trademark objection is one of the initial stages in the trademark registration process where the trademark examiner objects to your application due to certain reasons. It is not a straight forward denial to your claim, but the registrar seeks valid reasons or explanations about the mark and its registrability. He gives the applicant an opportunity to explain how the said trademark fits the criteria to avail valid registration. This is Trademark objection reply.

When the examiner is unsatisfied with the trademark, they may object to it. The trademark should comply with all the rules and regulations. The applicant will receive an intimation and must respond within thirty days.

Trademark Reply

The reply to trademark objection reply in India is known as trademark examination reply or response to office action. This reply has to be filed within 30 days from the receipt of the trademark examination report, failing which the trademark application may be treated as abandoned by the Trademark Registry. However, the time period of 30 days for filing examination report reply can be extended on payment of prescribed fee.

Design Registration

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 colours 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.

It takes a turnaround time of about 3-6 months for a design to be registered with the Patent Office. Once the application is accepted and registered a certificate of registration is issued to the applicant. The Design application is published in the Journal only after its registration.

Copyright Registration

Copyright registration is done in accordance with the Copyright Act, 1957. With copyright registration, you may become a legal owner of your creative work in respect of books, paintings, music, video, paintings, website, mobile application etc. Copyright registration with the authority ensures that creative work of the author cannot be imitated. No person is authorized to use the same without the permission of the author or creator. The author is allowed to charge others for using his work or modifying it.

No. Names, titles, and short phrases by themselves are not subject to copyright. However, if they are combined with images and/or graphical design elements then they may be registered through the Copyright Registration Service as a logo or graphical design. You may be able to register a name, title, or short phrase as a trademark. The institutions handling these matters will vary from nation to nation and you should consult an IP lawyer in your local jurisdiction for advice.

Patent Registration

Patent Registration provides a statutory right to the inventor by the government for his/her invention which is either a new process or product. The Registered patent helps the inventor to prevent the third party without authorization of making or manufacturing, using, offering for sale, selling, importing, distributing, and licensing.

The patent begins with the application while submitting the application. First, you need to submit provisional or complete specifications about the invention to the patent office. After submitting the provisional specification you will get 12 months’ time to submit a full specification and continue with the examination. Upon successful completion of the examination, A report will be provided for objections then it published in the patent journal. Also, if no objection is made within 6 months, then the patent will be granted.

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Questions that may arise

No, this isn't required. The entire process is now automated and handled online through the government portal. You will receive the DIN numbers and Certificate of Incorporation along with PAN & TAN by e-mail from the Ministry of Corporate Affairs (MCA).

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