Trademark, Patent & Copyright
Trademark Registration
What is Trademark and Logo Registration?
Trademarks must be sufficiently distinct to enable consumers to identify the manufacturer of the goods or the service provider so that it can distinguish between the competing goods. Trademark, Trade name, and Logo Registration are necessary to stop counterfeit goods or services. A copy of intellectual property has negative financial effects on legitimate businesses.
Trademark symbols and their usages
R Symbol
Once a
trademark is registered, then the
applicant can start using the ยฎ symbol
to signify that the trademark is
registered and protected from
infringement under the Trademark laws.
โข Symbol
The โข
symbol is for unregistered trademarks
for which the application has been
filed. The TM symbol is thus used to
indicate that a trademark application
exists with respect to the trademark.
SM Symbol
The
โSMโ or Service Mark symbol is used
for the service industry, specifically
for service mark applications The SM
symbol is used for applications that
are filed under class 35-45.
*Once
you register a trademark, you can use
an R symbol along with it, and it will
be valid till 10 years from the date
of registration. You can easily get a
โข within 3 days. But, to get an ยฎ, it
takes up to 2 years. In case the
trademark registration is nearing
expiry date, you can always get it
re-registered for another ten years.*
Documents needed for Trademark Registration
An authorization letter that is duly
signed by you allows us to file for
trademark registration on behalf of
you. After receiving the authorization
letter, we start with the preparation
of your documents, file the
application online and also pay for
it. Soon, you receive the confirmation
of the application, and you will get
the right to use the โข symbol.
While
filing for the trademark registration,
the documents you need to provide are
as follows:
- Applicantโs name
- Business type
- Business objectives
- Brand/logo/slogan name
- Registration address
Identity and Business Proofs
The trademark owner or the person who
is authorized by the trademark owner
needs to submit their identity proof.
It can be your Aadhar card, driving
license, passport, ration card or
voterโs id.
Using Logo With Tagline
If a trademark application is made
for a tagline with only words there is
no need of a logo. In cases where a
logo is used, then it should be
submitted in black and white format.
The number of words in the logo should
exactly be the same as mentioned in
the application for a trademark.
Form 48
On
behalf of you, an attorney is
authorized to file for the trademark
application with the Trademark
registrar. The trademark user
affidavit should be submitted in case
a claim for the previous trademark was
made in the application.
Patent Registration, Protection and Enforcement
A patent is granted to an inventor or organization from the government to exclude others from making, using or selling his or her invention for a period of 20 years from the date of filing the application. The patented product or outcome has the ability to solve an existing technical problem and has practical application in the Industry.
Filing the patent application in India
No Stages of the patent process Form
No.
1. Application for grant of
patentย ย – ย
Form 1
2.
Provisional/complete specificationย ย
–ย Form 2
3. Statement and undertaking
under section 8 (this is only required
where a patent application is already
filed in the country other than
India)ย ย ย –ย ย
Form 3
4.
Declaration as to inventorshipย
–ย Form 5
5. Forms submitted only by
start-upsand small entities.ย –ย
Form 28
Copyright Registration and Protection
A copyright is an Intangible property right granted to the author or originator of a literary or artistic production of a specific type. Works that are copyrightable are books, records, films, artworks, architectural plans, menus, music videos, product packaging and computer software. However, it is not possible to copyright an Idea. What can be copyrightable is the way an idea has been expressed. In todayโs era, digital information is copyrightable as well.
Documents Required for Copyright
Registration
Personal Details
- Name, Address & Nationality of the Applicant
- Name, address and nationality of the author of the work
- Nature of the applicantโs interest in the copyright - whether the applicant is the author of the work or the representative of the author
- Copies of the original work
- ID proof of the owner and Incorporation certificate if it is for business
Nature Of The Work
- Class & Description of the Work
- Title of the Work
- Language of the Work
- Date of Publication - Publication in internal magazines, like a company magazine or a research paper submitted to a professor does not count as publication.