Intellectual Property

A trademark popularly known as brand name, is a visual symbol in the form of a word or a device or a label applied to the commercial goods or service to enable the consumer public to identify one trader's goods from similar goods of other traders.

Whether registration of TradeMark is compulsory under the Act ?
No. Registration of a trademark is not compulsory. But for better protection it is advisable to register a trademark

How to acquire a right of property in a trademark ?
A person may acquire a right of property in a trademark in the following modes :

a) By use of the mark in relation to particular goods; or
b) By registration under the Act; or
c) By assignment or transmission of the right from another person

 

Whether the proprietor of an unregistered trade mark can initiate legal action?
Yes. The proprietor of an unregistered mark may bring legal action against the subsequent user by filing a civil suit for 'passing off action on the basis ' prior user' Furthur he can lodge criminal complaint also under the provisions of the Trademarks Act.

What are the different stages involved for obtaining registration of a trademark ?

a) EXAMINATION STAGE :

Application will be examined by the examiner of trademarks at Trademark Registry the examination report will be communicated to each Applicant or Agent or Attomey by quoting objections, if any, for acceptance of the application.

 

b) ENQUIRY STAGE :

After receipt of Examination Report, a personal hearing may be requested by the applicant in order to overlook the objections by producing documentary evidences during the hearing. Thereafter order will be passed in the application by the registrar.

 

c) ADVERTISENT STAGE :

If the application is found to be acceptable, then it will be advertised in the Trade Mark Journal ( Offical Gazatte of the Trade Marks Registry ) to invite opposition, if any, from the public within the prescribed peroid of three months.

 

d) OPPOSITION STAGE : ( If any )

This stage will arise only in cases when an opposition is filled against the registration of a particular trademark. If there is no opposition, then the mark will be registered.

Renewal :

The renewal of registration of a trademark should be made for every ten years instead of seven years under the present Act.

 

1. Copyright is a legal term describing rights given to creators for their creative works such as :

• Literary, dramatic, musical and artistic works
• Cinematograph film and,
• Sound recordings.

 

2. The trem "Literary work" includes computer software and programmes. Copyright is a kind of intellectual property. The important of such right has been increased in recent times due to the rapid technology developments in the field of printing, music, communication, entertainment and computer based information technology.

 

3. The object of copyright law is to encourage authors, computers, artists and designers to claim exclusive rights for a limited period to exploit the work for monetary gain. Copyrights in India are governed under the Copyright Act, 1957. Copyright subsists as soon as work is created.

 

For more details pls refer to the pdf file attached:

A Patent is a monopoly right granted by the government to a person who has invented new useful articles or an improvement of an article or a new process of making an article. It consists of an exclusive right to manufacture the new article invented or manufacture an article according to the invented process for a limited period. After the expiry of the duration of patent, anybody can make use of the invention.

Who can apply for a patent ?
1. Any Person being the inventer of an invention or his assignee can apply alone or jointly with any other person. 2. Applicant of a application in a basic convention country can apply by himself or through his assignee.


What is patentable invention ?
As per the Indian Patents Act, 1970 invention means any new or useful
i) art, process, method or manner of manufacture, ii) machine, apparatus or other article., iii) Substance produced by manufacture and includes any new and useful improvement of any of them and alleged invention.


Whether a Foreign National is competent to file patent application in India ?
Yes. A Foreign National residing abroad is not prohibited from making an application and obtaining the grant of patent in India.

Can a Firm or a Company apply for a patent ?
Yes. A Partnership firm, a Private or Public Ltd Company or a Corporation can apply for a patent. But they cannot invent and therefore cannot be termed as 'Inventor'. Hence such bodies can apply for patent as the assignee of the 'inventor' under the Indian Patents Act, 1970.


What are the stages for obtaining a patent ?

i ) Specification

ii ) Examination of application

iii ) Advertisement and acceptance of complete specification in the Patent
Gazette.

iv ) Opposition to the grant of patent, if any.

v ) Grant and sealing of the patent ...