Trademark & IP

Trademark

Trademark Registration:

Trademark registration is the process of legally protecting a company's brand, logo, or slogan. By registering a trademark, a company can ensure that its brand is protected from infringement, and that it has legal recourse if anyone else uses the same or similar mark. In India, the process of trademark registration is governed by the Trade Marks Act, 1999 and is administered by the Trade Marks Registry.

Search for Trademark:

Before applying for trademark registration, it is important to conduct a search to ensure that the proposed mark is not already in use by another entity. This can be done by searching the Trade Marks Journal, which is a database of all registered and pending trademarks in India. The search can also be done on the official website of the Trade Marks Registry.

Respond to TM objections:

If the Trademark Examiner raises any objections to the proposed trademark, the applicant must respond to them within the specified time frame. The objections may be related to the similarity of the mark with an existing trademark, or to the nature of the goods/services for which the mark is proposed to be registered. The applicant can respond to the objections by submitting evidence or by making amendments to the application.

Legal Metrology:

Legal metrology is the branch of science that deals with the measurement of weights, measures and other related instruments. In India, the Legal Metrology Act, 2009 lays down the rules and regulations for the manufacture, import, export, distribution, sale and use of weights, measures and other related instruments. The act also lays down the standards for weights and measures and the procedures for verifying and certifying them.

Logo Design:

A logo is a graphical representation of a company's brand, and is a crucial element in building brand recognition and identity. A well-designed logo should be simple, memorable, and timeless. It should also be versatile, and be able to work across a variety of mediums, from print to digital. A professional logo designer can help create a logo that effectively represents your brand and resonates with your target audience.

Trademark Watch:

A trademark watch is a service that monitors the use of trademarks similar to yours. This service can help you keep track of potential infringements of your trademark, and take action if necessary. Trademark watch services are offered by trademark lawyers and trademark attorneys.

Trademark Renewal:

A trademark registration is valid for ten years from the date of registration. To maintain the registration, the trademark must be renewed every 10 years. The renewal process can be done online on the official website of the Trade Marks Registry. It is important to renew the trademark in time to avoid lapsing of the registration.

Trademark Assignment:

Trademark assignment is the process of transferring ownership of a trademark from one person or entity to another. This can be done for a variety of reasons, such as a change in ownership of the business or a merger. The assignment must be in writing and must be recorded with the Trade Marks Registry.

USA Trademark Application:

To register a trademark in the United States, an application must be filed with the United States Patent and Trademark Office (USPTO). The application process includes a search of existing trademarks, examination of the application, and publication of the mark in the Official Gazette. The process can take several months to a couple of years, depending on the complexity of the application.

International Trademark Registration:

International trademark registration is the process of obtaining trademark protection for a brand or logo in multiple countries outside of India. This can be done through the Madrid System, which is administered by the World Intellectual Property Organization (WIPO). The Madrid System allows for a single application and payment, with the option to designate multiple countries for protection. This can be a cost-effective and efficient way for businesses looking to expand internationally to protect their brand. It is important to note that the laws and requirements for trademark registration may vary by country, and it is recommended to seek the advice of a trademark attorney before proceeding with an international trademark application.

Patent

Indian Patent Search

Before filing a patent application, it is important to conduct a patent search to ensure that the invention is novel and not already in use or disclosed in the public domain. Indian patent search can be done online through the Indian Patent Office website or by visiting the patent office in person. The search can be conducted based on the patent number, application number, or keywords related to the invention. The search results provide information about the patent status, inventor details, and the patent class.

Provisional Application

A provisional patent application is a type of patent application that is filed to establish an early effective filing date for an invention. The provisional application is a less formal version of a complete patent application and does not require a complete specification or claims. It is used as a placeholder for the complete application, which must be filed within 12 months of the provisional application. The provisional application is useful for individuals or organizations that are still in the process of developing their invention and are not yet ready to file a complete application.

Permanent Patent

A permanent patent is a type of patent that is granted after the patent office conducts a thorough examination of the patent application and finds that the invention is novel and non-obvious. The permanent patent is granted for a period of 20 years from the date of filing of the patent application. The patent holder has the exclusive right to prevent others from making, using or selling the invention without permission. The patent holder can also license or assign the patent to others for a fee. The maintenance of a permanent patent is required to be done regularly with renewal fee.