Trademark | Copyright | Patent

A trademark is a representation of a particular business; it can be in the form of a word, name of the company itself, a logo which that business usage, a tagline, or names of the products or services or anything through which that business is known in the marketplace. A trademark is a unique mark or sign that is used to represent a business which is either trading in goods or services, the marks associated with goods are known as a trademark (TM) and which is with services is known as a service mark (SM).

• Assignment of an unregistered mark:

  Section 39 stipulates that an unregistered trademark may be assigned or transmitted with or without the goodwill of the business concerned. A request has to be made on Form TM-16 for an unregistered trademark to be assigned or transferred.

• Assignment of a registered trademark:

  Section 38 stipulates that trademarks can be either assigned in full or transmitted in part, with or without the goodwill of the business. All transmissions or assignments must be registered with the Registrar of Trade Marks on Form 23 or 24 of the Trade Marks.

• Incorrect Name of the Trademark Applicant
• Incorrect Address on the Trademark Application
• Failure in filing Trademark Form TM-48
• Filing of Incorrect Trademark Form
• Trademark filing under the Wrong Trademark Class
• The proposed Trademark already exists
• Trademark lacks distinctive character
• Vague specifications of Goods and Services
• Deceptive Trademark
• User affidavit not attached

The creator of the work, and the person who has obtained rights to the original work can register for the copyright.

• Music
• Books
• Manuscripts
• Films
• Fashion Designs
• Training Manuals
• Software
• Literary Work
• Performance
• Paintings etc
• Step 1: Filing the Application

  Along with the requisite fee, an application needs to be submitted either in DD/IPO. Once this application is filed, a diary number is generated and issued to the applicant.

• Step 2: Examination

  There is a minimum wait of 30 days for recording and analysing any objections that may come up against the copyright application

• Step 3: Registration

  Once everything is cleared from the registrar’s end, the applicant received the copyright and can legally exercise all rights that come with the owner of that copyright.

• Patent is an exclusive right granted by a government for an invention that is new, involves inventive step and is capable of industrial application.
• Do not disclose your invention in public domain before filing a patent application failing which the innovation loses its novelty.
• Inventors can file a patent in two ways:

  • The inventor can file the patent on his/her own
  • The inventor can take the help of a patent filing professional or agency.
  • Since the patent filing process is long and complicated, most inventors prefer to engage the services of patent filing professionals or agencies. They can complete the necessary patent filing procedures on your behalf.
  • In case you choose to engage the services of a professional or agency, you must complete all the formalities related to patent filing, so that the agency does not pass off your invention as theirs. To this effect, you need to draft a non-disclosure agreement and have your agency professional sign it. This formality needs to be completed before the inventor discloses his/her invention to the professional or agency.