Trademark/Patent

What is Trademark ?

By trademarking your company’s name, you are protecting the brand, its reputation, and your ideas, all of which you undoubtedly invested a great deal of blood, sweat, and tear working on. And while the trademarking process itself will take time in all areas considered, nothing would be worse than not protecting your brand and potentially be faced with an infringement lawsuit from a larger company.

The process of brand trademark registration in India is now possible and convenient such that you can trademark any one of the below things or even a combination of the following:
Letter, Word, Number, Phrase, Graphics, Logo, Sound Mark, Smell or a mix of Colors.


Trademark Registration Procedure

  1. Surf internet for a brand name that is “wacky-enough”
  2. Preparing a trademark application
  3. Filling the application of brand name registration
  4. Examining the process of the brand name application
  5. Publication of your brand in the Indian Trade Mark Journals
  6. The trademark registration certificate issuance

supporting documents with application

1.Business Registration Proof: On the basis of your registered business (for eg: sole proprietorship and so on), an identity proof of the company’s directors and an address proof have to be submitted. In case of sole proprietorship business, id proof of the proprietor viz. PAN card, Aadhar card could be submitted. Whereas, in the case of companies, the address proof of the company needs to be submitted.

2:Soft copy of the trademark.

3: The proof of claim (which is applicable) of the proposed mark can be used in another country.

4: Power of attorney to be signed by the applicant.

COPYRIGHT

What is copyright

opyright is essentially a right not to copy someone’s work. A copyright gives the owner of the subject an exclusive right over his work. If a work is protected by copyright, no one can imitate, copy or reproduce the original work in any other way

What is the procedure copyright registration?

  • An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the act.). A separate application has to be made for separate works

Fees for different works have been given by the government in this link: http://copyright.gov.in/frmFeeDetailsShow.aspx

  • 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.

PATENT

Before filing a patent application in India, one should perform a detailed patentability search to determine whether a patent for it will be available or not. You can use the below link to conduct the patentability search
http://ipindiaservices.gov.in/publicsearch
It is to be noted here that this step in itself is not mandatory.

Drafting of patent application

  1. Once the search is complete and through, the next step involved is to prepare an application form in form 1.
  2. Each application has to be accompanied by a patent specification. This has to be prepared in form 2 where one has to provide the complete or provisional specification depending upon the state of the invention(Whether its partially completed or completed). In case one files a provisional application, a time gap of 12 months is provided to finalize the invention and file the complete application.
  3. A patent draft will also be required to be submitted along with the application. The patent draft is considered a very important document as the same will be used by the patent office in deciding whether or not patent should be granted.

Form 1,2,3,5,28 are required for various steps by different entities. you can contact accounting rasta for assitance

Publication of patent application

Patent application filed with the Indian patent office will be published in the official patent journal. This is generally done after 18 months of filing the application. In case one wants to get it published earlier, he can make a request in form 9 for early publication. When a restriction is placed by the Indian patent act with regards to the publishing of the patent, the same will not be published in the journal.

Examining of patent application

Every application filed for protection will be examined before a patent is finally granted. The application has to be made for examination in form 18. The earlier one makes a request, the earlier the application will be examined by the examiner. Once the application is filed, it is transferred to the patent officer who will examine the application to ensure the same is in accordance with the patent act and rules. A thorough search is conducted by the officer where he/she analyses the relevant technology in depth and the objections, if any, will be communicated. The report issued in this case is called the First Examination Report(FER).

Grant of patent

The patent is granted once all the objections raised by the officer are resolved.