Copyright Registration
Copyright registration in India is enrolled under Copyright Act, 1957. It provides a kind of safety so that the work carried out by the creator of work cannot be copied by anyone and to restore the uniqueness of the product. There are bundles of rights under Copyright like communication to the public, the rights of reproduction, adaptation, and translation of the work.
Copyright is basically a legal right which has been provided to the creators of literature, dramatics, musical and artistic work and even the producer’s films and sound recordings. Sometimes even businesses and startups get copyright registration related to instruction manuals, product literature and user guides. Usually, copyright is possessed by a creator of the work, but sometimes even the employer of its creator or the person who has authorised the work can own the copyright.
Copyright registration can be done through LegalYukti in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities.
Patent Registration
A patent registration helps you to get a patent of an itellectual property right to an invention carried out by an individual or firm. IP department has been initiated by Indian government to grant you the full right to register your invention under patent (but only if it is unique). In return the inventor must produce all the proofs related to the invention as asked by the government. It also ensures that owner gets more preference over other person for your particular invention. In India, Patent is being governed by the Patent Act 1970 & Patent Rules 1972.
Patent does not long for a lifetime. If you file a patent now then after a period of 20 years it falls under the public domain. The invention can be anything such as process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs. Online Patent Registration or online patent filing in India can be done through Legalyukti which act as patent agent in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities.
Documents Required for Patent Registration
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These elemantary information are needed to file a patent application in India
Title of
Invention
Sufficiently descriptive Title to identify the invention yet not reveal unique unpublished details.
Abstract of Invention
A non confidential summary of the invention that can be used for marketing purposes.
Novel
Features
Identify new elements of the innovation when compared to current state of the art.
Detailed
Description
Attach a detailed description of how to make and use the invention.
Problem
Solved
Describe the problem solved by this invention.
Workable Extent/Scope
Describe the future scope and operatable machine or device functions of the invention.
Trademark Objection
A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell.
But due to some valid reasons, trademark offices can have objections on any trademark application which does not meet their legal norms. There can be many reasons for trademark objection. It can be due to the similarity between logo or word with any existing one. It may be due to the sentiments attached with any religion. These are few reasons which can lead to trademark objection. If you receive any objection like this from another party, then you need to respond back within a month, that is within 30 days. You will receive a proper legal objection letter from Trademark department. But if you still don’t take any steps, then the Registrar has the full rights to abandon the application.
Trademark objection is done through LegalYukti
Pre-requisites for International Trademark Registration:-
The trademark applicant must ensure that the following requirements are met before applying for international trademark registration:
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The applicant should be domiciled in India, be an Indian national or have an effective and real business or commercial establishment in India.
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The applicant must have a trademark registered with the Indian Trademarks Registry or must have applied for a national trademark application in India. The national trademark application/registration acts as the basis of the international application.
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The applicant should apply for an international application for the same trademark for which the national trademark registration is obtained or mentioned in the national trademark application.
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The list of services and goods in the international application should be the same as the national trademark registration or application.
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The applicant must choose one or more Madrid Protocol member countries where he/she wants protection in the international application.
International Trademark Registration Process Under Madrid Protocol:-
The process of international trademark registration under the Madrid Protocol is as follows:
Trademark Search
The applicant must first conduct a trademark search before applying for international trademark registration. The applicant can conduct a trademark search on the WIPO’s Global Brand Database to determine if any similar or identical registered trademark exists. The applicant must ensure that no similar or identical registered trademark exists in any of the Madrid Protocol countries where he/she is planning to apply for trademark registration. If a similar or identical trademark exists, the application will be rejected.
File Registration Application
After the trademark search, the applicant must file the international trademark registration application in Form MM2(E). The applicant should file the international trademark registration application with the Office of the Registrar of Trademarks in India, as it is the office of origin for Indian businesses. The Registrar of Trademarks will process and verify the application. After verification, the Registrar will file it with the World Intellectual Property Organisation (WIPO) in Geneva. The applicant must file the international trademark application electronically through the official IP India website and pay the handling fee.
Examination of Application by WIPO
After the Registrar of Trademark Office sends the trademark registration application to WIPO, the WIPO will examine the application. When the WIPO deems the registration application appropriate, the trademark is recorded in the International Register and published in the WIPO Gazette of International Trademarks.
Notification of Trademark Registration by WIPO
The WIPO will issue a notification regarding the international trademark application to each Madrid Protocol member country where the applicant chooses to obtain registration. The member countries will examine the international registration application as per the trademark regulations and rules. The member countries will submit their examination report and notify acceptance or refusal of the application to the WIPO within 12 to 18 months of receipt of the trademark registration application.
Opposition to Trademark Registration
If the member countries have any opposition to the trademark registration application, it must be submitted to the WIPO in a prescribed way. The opposition proceedings to the trademark application will be conducted directly between the trademark applicant and the concerned member country of the Madrid Protocol. The opposition procedures include response, appeal, hearing and prosecution. The WIPO will be involved in the whole opposition procedure.
Grant of International Trademark Registration
The trademark will be registered in the respective chosen member countries under the Madrid Protocol for ten years when the member countries accept the application. After the acceptance of the registration application, a statement of the grant will be issued to the applicant, which certifies the international trademark registration of an Indian trademark.
Benefits of International Trademark Registration
Legal protection
International trademark registration legally protects the trademark from international infringement of that trademark. The registered trademark gets protection against a third person who uses it without authorised permission in the foreign country where it is registered. It becomes easy to prove the legal right in the trademark before the court when it is registered.
Business opportunity
Trademark is an intangible asset of a business and plays a significant role in the brand’s growth. A successful trademark provides the business with an opportunity to earn money. The trademark owner can also licence trademarks to a foreign entity when it is registered internationally. Thus, international trademark registration enables the success of the brand or product. Businesses like Nike or McDonald’s have earned royalties through licensing agreements due to obtaining an international trademark registration.
Unique identity
International trademark registration provides global recognition for a product. International trademark registration helps fight against infringement, ensuring that the trademark owners get an exclusive right to one of their most valuable assets.
Beneficial for online operators
International trademark registration plays a significant role in the growth of an e-commerce business. When a business is involved in selling products online, it paves the way for the product to be available globally to international consumers. Once the product has gained recognition in the global market, it becomes easy for the trademark to gain popularity amongst a vast consumer base. It is better to obtain international trademark registration for such products to avoid confusion amongst the buyers regarding the product.
Protects brand during export or import
The international trademark registration protects the trademarked product from any trademark misuse in foreign countries by foreign parties. As the trademark gets recognition in foreign countries, it is prone to be copied or used fraudulently by other parties to gain customers using the mark. In case of any such infringement conducted during import or export, the international trademark registration gives the right to take legal action against such infringement and protect the trademark associated with a product or service.
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