Trademark / Patent
Trademark
What is Trademark?
Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours.
Who can apply for trademark?
Trademark can be applied by an individual or an organization whether registered or not. It can also be applied by two or more individuals jointly without having an organization .
How much time will it take to get trademark registered?
Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.
Difference between TM and R?
TM denotes “Trademark” is a brand ,symbol or logo that is used by an organization to distinguish their goods and services with others. R denotes to trademark which are registered with the IP office.
How to search Trademark/ Whether proposed mark is registerable or not?
Trademark search can be conducted on website ipindia.gov.in under the head Public search. Proposed marks i.e. new mark to be used in future can also be registered.
Can Trademark be assigned?
As Section 37 of the Trade Marks Act, 1999 states that the person registered as proprietor of trademark in the register of trademarks has the power to assign a trademark and receive consideration for such assignment. Thus, a trademark proprietor can assign a trademark to another person.
What is the fees for renewal of trademark?
The govt fee is Rs. 9000 per mark per class as official fees, and the professional fee is as per the service provider
Flow chart for registration process?
To understand the complete process visit https://ipindia.gov.in/workflow-chart.htm.
How to prepare a reply of examination report / TMO?
Reply should be drafted in format provided by TM Registry along with necessary legal proofs and evidences.
Patent
What is Patent?
A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. It provides protection for the invention to the owner of the patent.
What are advantages of Patent?
Benefits of Patent are: Grants Right To Inventor, Good Market Reputation, Enhances Business Interest, Public Disclosure, Provides Legal Status, Fund Raising, Enhances Credibility, Privileges For Return On Investment, Advantageous In Longer Run, Prohibits Usage Of Registered Inventions
What documents are required for Patent Registration?
- FORM-1 (Application For Grant Of Patent)
- Form-2 (Provisional/Complete Specification)
- FORM-3 (Statement And Undertaking Under Section 8)
- Form 5: Declaration As To Inventorship
- Technical Information
- Form-18 Request for Examination.
- Form-19 Request for Early Publication.
- Form 26 Disclosure of Power of Authority
What can be Patented?
If invention has following contents it can be Patented namely, Novality, Inventiveness, Inventive steps, Utility application, it must not fall under Section 3 and Section 4.
Can any improvements and technical modification be added to Patent?
Section 54,55 and 56 of IPA 1970 allows Patent of Addition subject to certain conditions.
How to file Patent application internationally?
There is an 'International Depository Authority' in India established at Chandigarh, which is recognized as the Institute of Microbial Technology (IMTECH).
Can Patent be renewed?
Yes, within 6 months from the date of expiry of 20 years period, Renewal application can be applied.
Can Patent be opposed or revoked even after grant of Patent?
A patent can be revoked or opposed either by Central Government or by High Court in a suit for counter claim or any interested person by file a petition for revocation.
When the words “Patent Applied”, “Patent Pending” and “Patented” can be used?
Patent Applied: Used when Patent has been filed but prior to the patent being issued
Patent Pending: Application is still pending with the authorities
Patented: Used when Patent is granted
What are the steps involved in Patent registration?
- Step-1- Engaging A Professional
- Step-2-Patentability Search
- Step-3-Drafting The Patent Application
- Step-4-Patent Filing Application
- Step-5-Publication Of Application
- Step-6-Examination Of The Application
- Step-7-Objection By The Examiner
- Step-8- Office Action Response
- Step-9-Grant Of Patent Registration