Expert guidance on Trademark, Patent and Copyright for Indian businesses — straight from our team.
Trademark is one of the most common application under Intellectual property right. Registration of trademark was first established in the year 1940. Initially, India borrowed the British Trademark Act of 1938, but after independence India modeled its own trademark act “The Trade & Merchandise Mark Act, 1958”, presently operating as the Trademark act of 1999.
Registration of design as a patent is an easy process in India. The language for the application can either be Hindi or English. If some other language is used then it is directed to have a translated version of that application in Hindi and English. First and foremost it is important to find out that
Due to COVID 19 pandemic there has been a lot of delay in initial months with respect to prosecution of pending patent applications in India. But Intellectual property office in India has bravely and ingeniously devised a unique setup. Now, every patent applicant or authorised patent agents can now easily schedule for online patent hearings.
The disruption caused by this unprecedented pandemic has forced everyone into a new normal. In this new normal most of the activities have been taken to online platforms and trademark hearing is no exception. When an application for registration of Trademark is made, it is thoroughly examined by registrar of trademark, who prepares an examination
Recent trademark changes 2020: How to speed up your Trademark registration in India. We all know due to COVID 19 pandemic many organizations are now on halt and many govt offices are working at half of their strength this has caused concern to Trademark applicants and other IPR related applications. But there is good news
A patent is a type of Intellectual Property right that gives the applicant or the Inventor exclusive rights over his new, useful and non-obvious idea(s) or Invention(s).This protection against unwarranted use arms the Inventor to comprehensively disclose the patented process, design or invention as it cannot be used by any person or corporation without the
Patent registered designs and copyright can only be protected for a limited period. On the other hand trademark can be protected perpetually subject on conditions that is used and renewed periodically and the registered proprietor takes prompt action against the infringes. An unregistered trademark called a comman law trademark and can be kept alive and
A trademark assignment is a written document which help to transfer a recognized word , phrase , symbol or a design from the original owner to the another owner . The original owner of the license is known as the “Assignor” and the future owner is known as the “Assignee” . Where as the assignor
#Sale and Agreement to sale Indian Contract Act, 1872 is one of the most important statutory law for the corporate world. The act does not only deals with provisions of present time contracts or parties to the contract but also has provisions for past and future scenario. With the mixture of rigidity and flexibility in
Concerns regarding the food standards have always been important to the people and the government. FSSAI is a legal body governed by the Ministry of Health and Family Welfare, Government of India, whose main aim is to set standards for food quality and security in India. The main headquarters of FSSAI is in Delhi. FSSAI
Trademark is a type of Intellectual Property (IP) which signifies the brand that a company utilises to ensure that their product or service is distinguishable and easily identified by consumers from the rest of their competitors. Through registration, the companies can also safeguard their brand identity from duplication or being stolen by competitors. In India,
Trademark is a symbol, logo or word which is unique and is used to represent a company, business or any product. Once the trademark is registered , other companies or businesses cannot use it as long as that organisation is in use. Patents and trademarks are different from each other as patents are given for
With growing concerns among consumers regarding the food related hygiene, it has become a sine qua non for food product manufacturers to ensure certain safety and hygiene standards. But how can one be assured whether the product they are consuming meets any parameters or not. And what are these parameters, who sets them. The Food
Copyright owner has exclusive rights on his work after the completion of copyright registration. How he exploits his works is completely according to his whims and fancies. Any unauthorized use of copyright in work is considered as infringement of copyright and the person who infringed work is liable for violating copyrights and is punished with
###INTRODUCTION A trademark means a unique symbol or word used to represent a business or its products and the word ‘infringement’ means violation. Therefore, trademark infringement refers to violation of the exclusive rights attached to a trademark without any authorization of the trade owner or any licensee. In simpler words, it is the unauthorized usage
In order to understand what is Patent Assignement, we first need to know what is patent. A Patent is a legal right which is given to an inventor by the government , for the invention. A Legal document is granted by the government to the inventor on Patent Registration. The Document comprises all the rights
#Non-Disclosure Agreements Non-Disclosure Agreements (hereinafter referred to as NDA) are also known as Confidentiality Agreements, Proprietary Information Agreement or Secrecy Agreements under Indian Contract Law. NDAs, by conventional practice, have been signed between two parties, where either one or both the parties agree not to disclose confidential information that is described and specified in the
A mark that is capable of differentiating the goods and services of one person from another is called a trademark. A mark to be successfully registered must not be hindered any of the grounds of refusal or objections for registration. There are various grounds on which an objection to a trademark application can be raised.
Divisional Patent Application are applications which have been divided from different patent application. ###Introduction The divisional patent applications, as the name suggests, are those patent applications that have been divided from a different patent application, also known as the parent application. Generally, when a patent application is examined and found to have more than a
Post-dating refers the process of changing the priority date of a patent application to a later date. The Indian Patent Act, 1970 allows a patent application to be post-dated under Section 17 of the Act to a period which shall not excess 6 months from the date of making the patent application, subject to the