Intellectual Property

Trademark

A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity.  A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.

The Trademark applicant can start using the ™ Symbol with the brand once it is registered. The symbol R can be used only after the registration is complete and the certificate is issued. The Trademark acts as an asset for the Company; to protect the brand, an application for trademark registration is a must. The process for trademark registration in India has various steps and requires follow-up with the Government. Hence, it is necessary to be under the guidance of an expert for obtaining the trademark registration quickly. Trademark is valid for a period of 10 years and we own the responsibility to follow up database with our clients for further renewal processes.

Documents required

• Copy of PAN
• Copy of any govt address proof
• Incorporation certificate, MOA/LLP agreement /Partnership Deed (In case of a Company or LLP)
• Logo in JPEG (if applicable)
• Power of attorney

Process:

• Trademark Search (the search should be done in both for various combination of similar marks on intellectual property website)
• Preparing Form-48 and TM-1
• Filing Application with trademark registry.
• Obating certificate after 10-12 months or in case of objection, an objection reply must be submitted by the applicant within 30 days

Patent

A patent is a title that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of years in exchange for publishing an enabling public disclosure of the invention. Patent filing is the primary step an inventor initiates to protect his or her invention from being misused. Patent filing in India is a tedious process, but it can be done quickly with proper guidance and support

We provide with drafting, filing, documentation, and support more scope for intervention. We extend to prevention of any patent regulation disabilities while in the process of getting patented for your innovation.

Process:

• Patent search (The patentability search is aimed towards finding out the novelty and non-obviousness of the invention, the search identifies the closes possible prior arts (known to the public) relating to your invention, and based on the results obtained an opinion about the patentability of your invention may be provided by a patent attorney)
• Preparing the documents including include drawings, diagrams or sketches explaining the working of the invention
• Drafting patent application
• Filing a patent application in the Patent office

There are different types of patent applications that would be filed in the patent office as briefly explained below:

The provisional Patent application:

Filing the provisional patent application is the optional step. In case you are at very early stage in the research and development for your invention, then you can go for provisional patent application. It gives following benefits:

• Secures filing date
• 12 months of time to file complete specification
• Low cost

After filing provisional patent application, you secure the filing date which is very crucial in patent world.  You get 12 months of time to come up with the complete specification, up on expiry of 12 months your patent application will be abandoned.

Complete patent application: If you have all the required details about your invention (that is implementable details) ready with you; you may proceed with filing complete patent application.

Copyright

Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. It is necessary to register for copyright because it makes you communicate to the public, reproduce the rights, adapt and translate the works.

Documents required

• Copy of Pan and any govt address proof of the author
• NOC from the publisher if the publisher and the applicant are two different individuals
• NOC from a person whose photograph appears on the work
• Power of attorney
• 2 Copies of the work (Book / Source code in CD (if Website copyright)

Process

• File an application (Authorized agent file an application either physically in the copyrights office or through speed/registered post or through e-filing facility available on the official website (copyright.gov.in).
• Every application has to be signed by the applicant as well as an Advocate in whose favor a Vakalatnama or a POA has been executed
• The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections to be received
• If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright.
• If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing.
• After the hearing, if the objections are resolved the scrutineer will scrutinize the application and approve or reject the application as the case may be.