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25
Feb
17
What is Utility Patent?

Utility patent is a kind of patent which is used to protect the functionality and use of an invention. It is widely issued type of patent. This patent is divided into categories based on the functionality of the invention. These three categories are Electrical, Mechanical and Chemical. In these patents, anyone who has invented invents a unique process, device, the machine, method, chemical compound or manufactured product can apply for and obtain a utility patent.

 Utility patents are determined for qualification of a non-provisional utility patent. In this process, you should make sure that the invention is sufficiently different from existing items and all aspects of it in clear and definite terms have been clearly described. Sometimes, conducting a patent search can be helpful. These patents can be issued for any functional new inventions or improvements on the machine, process, product or to the composition of matter.

OLED technology which has been emerged from LED is a good example of improved technology which qualifies. There has been a process in which material has been changed from the synthetic light emitting diodes to organic material. The design patents protect the configuration, appearance, shape, size and other aesthetic aspects of an invention.

How to Get a Utility Patent?

First of all, Describe your invention and break it down into a series of essential and nonessential parts.

Secondly, Conduct a utility patent search to see if anyone has ever patented or published a similar design. It is critical before you file your patent.

Filing a Utility Patent

The inventor is granted by the government grants for the inventions so that inventors will tell the public how to use their inventions.

There are several requirements in which there are multiple sections. In each section, there are rules and formatting. Drawing or diagrams are required to explain how your invention works. People gets help to ensure that they should learn how to use the invention.

Staking Your Claims

Patents are filed to get issued claims. The Patent Office issues the inventor the right to stop others from making, using, or sell the invention. In Utility patents, there are series of numbered sentences that claim the invention. If anyone else person makes, uses, or sells the exact thing described in a patent claim, then that person is infringing the inventor's patent.

Elements of essential of the invention are recited. Novel and Non-obvious features should be examined by the examiner. If your invention is novel if all of these elements do not appear in anyone published reference.

If you want to register your patent  application  visit  Registrationwala

24
Feb
17
Difference between Utility patent and Design patent

A Design patent is a type of patent granted on the ornate design of a functional item. These are the type of industrial design right. Only Ornamental manifestation of the invention is protected by this patent.

Utilitarian features are considered in use of article and works. This model is an exclusive right granted for an invention to the creator. It is an alternative and also called the form of second-tier protection

Design patent is granted to any person who has imaginary or any new or having no obvious ornamental design for an article of manufacture. Whereas Utility patent entitles the owner to prevent others to commercially exploit the invention for a limited period of time. The standard of a non-obviousness or inventive step is usually much lower than that of other types patents.

 In Design patent appearance of an article is protected but its structural or functional features are not considered. This feature is same as the patent application process as those relating to other patents with a few differences.

 When Design patent application passes its examination after the allowance of observation will be sent to you or to your attorney or agent which ask you to pay an issue fee. But Utility patent is easier to attain than other patents because no strict examination is conducted before granting them.

Design patent is a simple process as in comparison with a utility patent. As specification is short and also follow predefined form. In this only one claim is permitted which must follow a specific form. Utility patent systems have the criteria of Novelty.

There is certain similarity in design patent and utility patent. These are in ornamental features of the invention than its utilitarian aspects. Utility patent to as "petty patents" or "innovation patents. In Utility Patent duration of protection usually varies from six to fifteen years but sometimes in major jurisdictions, have a term of twenty years.

To get patent registration visit Registrationwala

23
Feb
17
Difference between Section 8 company and Trust Registration

Section 8 Company-These are companies or organizations are also known as the Non-Profit Organization can be registered as the society. Companies under Section 8 mainly follows Companies act, 2013.A special license is granted under section 8 to drop the words ‘Private Limited’ or ‘Limited’ from their name.

Trusts are the forms of charitable organization which can be Public or Private Limited. In these organization private company are formed for family welfare. These kinds trust are not charitable trust governed by Indian Trusts Act. This Act is not applicable to public trusts.

In the case of the public, a person wants to dedicate their own property to specific cause. In this fundraising is not suitable when you want to raise funds from the public for the trust’s activities. Trust formed anywhere in India can operate all over in India. The company should be the charitable object.   

Applicable Act

Section 8 Company works under Indian Company Act,2015 whereas The Trust is governed by The Indian Trust Act, 1882. 

Instrumental documents

Section 8 company’s main instrument are Memorandum of Association and Article of Association which has certain rules and guidelines which should be strictly followed. In Trust deed is the main instrument because the trust is established for humankind.

Members Required

Section 8 Company should have minimum of 2 members and for a private company and 7 members for the public company and managed by the director whereas in Trust there is a requirement of only 2 trustees and there is No upper Limit. Trust is controlled by the trustees.

Jurisdiction and Stamp duty

Section 8 follows the jurisdiction of the power to register lies in the hand of Regional Director & Registrar of Companies of the concerned state. Whereas trust follows jurisdiction of Deputy Registrar/Charity commissioner of the relevant area.

There is no requirement of stamp duty in Section 8 Company for the MOA and AOA whereas in a non-judicial stamp is required which vary state to state.

Time for registration

Section 8 Company takes 60-75 days to get registered and can be dissolved but the Trust takes 15-20 days and it is irrevocable.

Annual Compliance

In Section 8 Company there is no requirement of annual compliance by the filing of annual accounts and the return of company with the ROC. Whereas trust does not require any annual return filing.

Case of inactiveness

In section 8 upon dissolution, all debts, liabilities, funds and property of the company may not be distributed among the members of the company. Funds need to be transferred to other section 8 company preferably similar objects as the dissolved entity. Whereas the Trust becomes inactive in case negligence of trustees. Some steps can be taken trustees by the Charity Commissioner Object of trust is a difficult job.

Get Trust Section 8 Company Registration through Registrationwala

 

 

 

 

 

23
Feb
17
How can you renew an expired patent?

Patent is the form of intellectual property valid for 20 years. The Patent is not considered after its 20 years passes. A patent can be renewed before the completion of 20 years. This happens when patentee does not pay the renewal fee for the specified period of time. Sometimes fails to pay the extendable period is 6 months (when requested).

The Indian Patent act provides and governs the patent. Provision of Safeguarding and restoring patents are given in this act. The patentee has to pay a certain amount of prescribed fee useful renewal. In certain conditions, patent was held by two or more persons jointly then with the leave of the Controller one or more of them without joining. There are certain conditions in which others may submit the application for restoration within eighteen months from the date on which the patent is ceased to have the effect.  

 Renewal fees can be paid by any person but the application for the restoration of a lapsed patent, the application has to be made by the  patentee or his legal representative. In case the patentee or legal representative fails to pay the renewal fee within the prescribed period and also within the extendable period of six months by requesting the extension of time, the patent ceases to have effect or lapses from the date of expiration.

     Procedure to restore a lapsed patent

  • An application must be filed within 18months within the date patent cease to have the effect. In that condition patentee or Legal representative has to make an application.
  • Evidence can be presented in the form of document if fees are not paid on time
  • Patentee claim’s the evidence which must support that the failure of payment was unintentional and there has been no undue delay in applying for restoration of the patent.
  • In case, the prima facie case is not agreed on behalf of the controller then for restoration is made out, the applicant is notified of it and unless the applicant states within one month.
  • Sometimes an application may be refused if the patentee fails to register a change of name before cessation; they must first apply for alteration in the register.
  • If the name changes after it then their identity has to be proved.

If you want renew an expired patent visit Registrationwala

22
Feb
17
Dormant status of a company

Dormant Company was a concept introduced in Companies act, 2013. Dormant Company does not have a definite clause. It is the type of company which is not active and made for future perspective. In section 455 section it is mentioned.

In section 455 there are types of company which are formed and registered under this Act for a future project or to hold an asset or intellectual property and it has no significant accounting transaction. An application is made to the registrar in such manner as may be prescribed.

An inactive company is a type which has not been carrying on any business or operation or has not made any significant accounting transaction during the last two financial years. Companies have not filed financial statements and annual returns during the last two financial years. The dormant company also means any active company doing regular business and regular accounting transactions but it fails regarding mandatory annual documents.

Here are some points significant accounting transaction defined in order to clear out any ambiguity

  • Fee payment by the company to the Registrar.
  • Payment by other requirement or may fulfil other law.
  • Share allotment to fulfil requirement of the act.
  • Maintenance cost of office and records.

These are the types companies required to have minimum directors which can have two board meeting and file minimum one annual financial document with the Registrar. In some cases the dormant company can have its status as active.

Here are some rules regarding dormant company

MSC 1-Application for seeking-No inspection inquiry, NO prosecution under

Application for obtaining status can only be made after obtaining special resolution approval or issuing a notice to all the shareholders. Public deposit or interest is not there for the company. It has no outstanding loan, secured or unsecured. In case of any unsecured loans then the consent of the lender should be obtained and enclosed along with the form. The dormant company does not have any outstanding tax dues either to central or state government or local authorities. These types companies are not listed company.

Minimum number of Directors (In public company as 3 and Private limited  as 2)

MSC 2-Certificate of Registrar

MSC 3- Return of Dormant Company- This indicates the financial position of the company and which shall be duly audited by a chartered accountant in practice.

MSC 4-Application for active status-Company can revert an active status by making another application along with requisite fee.

MSC 5- Certificate of Application Status

 

There are some rules which state that dormant company cannot remain as a dormant company for more than 5 consecutive financial years. If it remains so, the company will be removed. A maximum number of years company can be dormant is 5 financial years.

Sometimes, Registrar has a doubt that a dormant company has been indulging in business activities and in fact, it is not dormant then he can take necessary action to revert its status to an active company.

21
Feb
17
FDI in Private Limited Company

Foreign direct investment is an investment form of controlling business. This is basically to control business from one country to another country. Mainly, FDI includes mergers and acquisition. This includes building new facilities, reinvesting profits earned from overseas operations and intra-company loans. In a narrow sense, FDI refers to building a new facility, a lasting management interest in an enterprise operating in an economy other than that of the investor.

FDI is a controlling ownership in a business enterprise in one country by an entity based in another country. This is the sum of equity capital, other long-term capital, and short-term capital as shown the balance of payments.

FDI in Private Limited Company

Indian Government has shown a keen interest in increasing the Foreign Investment. The private limited company is mostly preferred for the business. The private limited company is easy to raise funds. These types of companies have greater flexibility and limited liability.     

FDI is allowed in private limited companies for non-residents. There are two categories automatic route and approval route under FDI in private limited company. Mostly there is permission of 100% in most of the sectors in restricted and capped. In some cases, automatic approval is not allowed from Foreign Investment Permission Board, Government of India. Investors of Pakistan and Bangladesh only can invest under approved route.

Indian companies can be issued under fair value. According to Legal norms and guidelines, FDI can issue debentures equity shares and convertible debentures.FDI under automatic route is permissible .Approval category or FDI prohibited do not contain proposal under foreign or Non-residential entity. Application is not required under FDI in Private Limited Company. 

There is no requirement of permission of the FIPB or RBI in private limited company under the automatic route. Certain filing can be done only with receipt of the shared subscription money from the foreign or non-resident investor and issuance of shares. The investment cannot be made in a company which requires an Industrial License. Majority of sectors in India are eligible for 100% FDI under the automatic route.

FDI prohibited Sectors are:

  • Atomic Energy
  • Gambling and betting including casino
  • Lottery Business and Battery lottery
  • Nidhi Company
  • Business Chit Fund
  • Manufactures of cigars, cigarettes of tobacco and many more.

FDI automatic route:

  • Petroleum
  • Atomic Mineral
  • Print Media
  • Postal Services
  • Courier Services
  • Broadcasting and many more.

To start a business in India, visit www.registrationwala.com

20
Feb
17
Specification in Patent filing procedure

Patent is an exclusive right granted by the sovereign state to the inventor for a limited period of time. A patent is a form of an intellectual property which was a royal decree granting exclusive rights to a person. It also a shortened version of the term letters patent. 

 A patent application can be filed by the inventor. The inventor can give this authority to file the application through the assignee or legal representative. The application can be filed individually or jointly. In case it filed by the assignee proof of assignment has to be submitted along with the application. Any country’s national can be the applicant. It can be directly made at the Indian Patent Office (IPO).This can be via the national phase PCT application or in the form of a conventional application. These can be filed in any of the four patent offices New Delhi, Kolkata, Mumbai, and Chennai.

Applications are directly filed at the Patent Office. These applications are accompanied by a provisional or complete specification. 

In the Conventional application, the applicant can file only the complete specification.

In Provisional application are filed for experimentation which is required to make the invention perfect. It is preferred that to file application because it allows the applicant to get an early application date. After this, a complete specification has to be filed within 12 months from the date of provisional patent filing. But sometimes the application is filed with a complete specification. In this case, the Controller on request has the power to convert the complete specification into the provisional one.

Patent Specification

A provisional patent specification may contain:

 Title - It is generally a word or a phrase indicating the content of the invention.

Abstract: It is a short description written in a precise manner describing the invention.

Detailed Description- It is the important part of the specification which consists of a complete and elaborate description of the invention. Usually, in written description, there is generally background of the invention. The detailed description explains the invention clearly and comprehensively.

Drawings- It is a clearly labelled drawing which is with the written text. It is in the case where it is necessary.  

Sample or Model -There is a requirement of the sample or models might be submitted to the patent office. These kinds of models provide.

 

Enablement and Best Mode: An ordinary person can be allowed to make and work the invention. He should not only enable person but also describe the best mode of carrying out the invention.

Claims -These are the most important elements in a specification. It mainly defines the metes and bounds of the invention.

Deposit (Microorganisms)-These are mainly in the invention of microorganisms which cannot be presented in a written form. In this case, a sample of the microorganism has to be deposited at an internationally recognized depository. This can be deposited in the internationally recognized depository at Chandigarh, in India.

In the case of a foreign country a provisional specification cannot be filed and also complete specification has to be filed in 12 months from the date of filing provisional specification. In this, each specification should contain only one invention. Sometimes if there is more than one invention in a specification, separate applications have to be filed for each invention. 

20
Feb
17
Types of Companies under Ministry of Corporate Affairs

Ministry of Corporate affairs is an Indian ministry that is primarily concerned with Companies Act, 2013, Companies Act, 1956, Limited Liability partnership act 2008 and other  rules and regulations. The responsibility of this Ministry is regulation of Indian enterprises in Industrial and Services sector.

Companies can be registered in India

Private Limited Company-It is the type of company recommended for Business. The cost of registration of the private limited company is cheaper than other forms of a company. Private limited should have a minimum of 2 members and can have maximum 200 members. In this company liabilities are limited and it has some features of a partnership.

People mostly prefer this of the company for fundraising. The degree of operation and ownership can easily separate in this type of company. Business can be exited without any hassle. In this members are limited to only contribute towards a number of shares.      

One Person Company-It is the type of company which can be started by a Single member.OPC is the latest form of company in Companies Act, 2013. One person can become the director as well as the shareholder. Similar to the private limited company as the degree of operation and ownership are on the separate basis. 

OPC gives wings in the hand of Sole proprietor to form the company under with full control. It is done without any interference of the third person. This type is easy for an entrepreneur to directly target the market. Fundraising from banks and the financial institution is easy. People who are Indians and resident in India can form OPC.     

Public Limited Company-This is a publicly held company. A large amount of capital investment can easily be obtained. These types companies are considered to be a more transparent business model as compared to other business structures. Investors get the choice of transferring their ownership in the company without any hassle by just selling the shares.

Section 8 Company-These companies are basically formed to encourage arts science, sports, education, research, social welfare, religion, charity, etc. These kinds businesses do not play any vital role in profit. Company Intends to prohibit the payment of any dividend to its members. These companies are the non-profit making company.

Section 8 company was incorporated mainly for welfare purposes. Previously, it was defined as Section-25 Company. Due to commencement of Companies act, 2013 it was called as Section-8 Company

Nidhi Company- Nidhi Company comes from the Hindi word ‘Nidhi’ means fund. These are the  NonBanking financial corporation. These are also known as mutual benefit funds. Nidhi company is known in the corporate scenario is member benefits company. Companies are formed for the welfare of the members and to increase saving habits.  

Other types of Companies

There are some more types companies which can be registered in India.

  • Companies that have unlimited liability
  • Producer Company
  • Joint Venture Company
18
Feb
17
Importance of DSC

Digital signature certificate is a digital key for the security of the identity holder. It is also an electronic certification issued by Certifying Authority (CA). DSC contains identity which includes name, email, country, APNIC account name and the public key. This is not only the electronic certificate but also the extra data holder in addition where it is used to make it more authentic and secured. 

DSC uses a Public Key Infrastructure means data that has been digitally signed or encrypted by a private key. This can only be decrypted by its corresponding public key. It is a digital certificate which can also be used in form of “credit card" that establishes credentials in business or other transactions on the internet. It is valid for only 2 years after it should be renewed.

Features of Digital Signature Certificate.

  • DSC can be accepted for IFFCO, Northern Railway, MCA 21, E-filing, E –tendering.
  • Different levels securities are provided according to different Classes.
  • MCA-21 companies are considered under class-2.MCA-21 decreases paperwork in the corporate world.DSC token for class 2 is also used in company registration, Income tax returning, LLP registration and IE code registration.
  • It can also access secured zones of websites where member login is required.
  • Ensure confidentiality and the messages that can only be read by authorized intended recipients.
  • Ensures that the content of the mail does not tamper in the transit and the mail received by the receiver is the same what you have sent.
  • Verifies date and time so that senders or recipients can not dispute if the message was actually sent or received.
  • DSC has increased e-filing with MCA for directors, professionals and financial institutes.
  • E-Returning requires digital signatures though they are not mandatory but it saves the hassle of physically sending the documents to department if digitally signed.
  • DSC easily admissible in a Court of Law as provided under the provisions of IT Act, 2000.

Components of DSC

Public key: Key used for the verification process. Anyone can have a copy of it.

Name and email id: Needed contact information purposes and to enable the viewer to identify the details.

Public key expiry date: It is used to set a shelf life and ensures that in the event of prolonged abuse of a signature eventually the signature is reset.

Company name: Identifies company to which signature belongs.

Serial number of the digital identity: It is a unique number that is bundled to the signature for tracking ad extra identification reasons.

Digital signature of the CA (Certification Authority):  Signature that is issued by the authority that issues the certificates. There are three different classes Class 1, Class 2 and Class 3.

Advantages of DSC

Improvement in Customer Relationships- People have become used to with online business. Modernize the system and keep you up to date. No need to download or install.Internet can provide with this service of signing. 

Reduction in cost- Direct form of savings is an encouragement to less paperwork. Negligible shipping cost.Indirect savings includes time-saving which can be spent in filing documents, rekeying data, searching for lost documents or tracking down a contract that’s been lost in the mail. 

Faster payments-  Executed quickly for contract and easy to sign multiple documents. When first person signs the software automatically routes documents to the next signer in the workflow.

Document of the system gets an upgrade - Advanced software system can safeguard your documents with a high level of document security and evidence.

Steps to register for DSC

  • Download and fill the application form available the website.
  • Attach the PAN, Id proof, Address proof.
  • Confirm the email address.
  • Sign in the Application Form and Subscriber's Agreement.
  • Payment can be done DD/Cheque and other banking methods.
  • Receive the Confirmation

Documents required

  • Copy of PAN card.
  • Copy of Id proof (Aadhar Card, DL, Voter id, passport)
  • Copy of address proof(Electricity bills and Phone bills)

Digital signature certificate is much faster than the non digital form .Comparing with all other digital form gives the maximum outcome. Digital form can be effortlessly traced and can be accessed in few minutes. Sign cannot be fake it can be automatically traced. Digital Signature  is very eco-friendly .

17
Feb
17
What is Patent Provisional Specification?

Patent Provisional Specification or Complete specification is the most common specification in Patent Registration. This is filed when the patent reaches the stage in which it can be disclosed on paper but this stage is not called the final stage. It also acts as the placeholder for a later complete specification. The prospective patent is the first document that is filed at a patent office. Mainly this specification has benefits with costing.

Provisional Specification is also considered as the proof that inventor has the idea at the time of filing. The invention should be adequately disclosed from inventor working alone. In terms of costing the inventor the option of filing a complete specification at a later date and can, therefore, defer costs. In this, there is no requirement of any claim also not needed prior to art search or exhaustive and detailed drawings-hence the inventor can file the provisional application.

Benefits of Provisional Specification

 Some time benefits can be taken by the inventor from the date of filing in filing provisional to complete specification. Filing the date of the provisional is accorded to the complete specification at the time of examination that has been disclosed in the provisional. Costing is the second benefit. This benefit is because of the extremely low cost compared to the non-provisional.

Taking the first benefit into account provisional specification entitles an inventor to a filing date. The application can be filed after the filing date of the provisional cannot be used as prior art against the invention disclosed in the provisional application.     

Why Provisional Specification is filed?

The provisional specification must include complete specification. It is a techno-legal document which used to describe the invention and is the best method to perform the invention. Complete Specification is an important document which must be drafted by an experienced attorney. Sometimes requirement for compiling and the requirement has not been achieved. After receiving the provisional specification the allotment of the application. If there is not any specification within 12 months then their application will be deemed. 

Content in Provisional specification

Provisional Specification should include title and description.

Here are some provisional specification described.

  • The description should start from the single page. This contains field, object, statement and background of the inventions.
  • It does not include the claim. Claim is there in the complete specification.
  • It is advisable to contain the details in the application of the provisional specification.
16
Feb
17
Cost of Patent Registration in India

Patent is an intellectual property in which exclusive right is given for invention. It is taken from the Latin word ‘patere’ which means ‘lay to open’. This intellectual property is a method which follows laws of the patent. Patents should follow certain criteria such as Novelty, Usefulness, Non-obvious. The patent provides right to protect the product from others to make, import, use, sell, etc.

Patent Registration Procedure with Charges

In India, there is two kinds fee you have to pay Government fee and Professional fee.

Government fees are different from an individual inventor and a company. Fees for patent application also defers based on a number of claims and pages in the specification. There are many factors on which patent fee are charged.

The cost to file a patent is approximately Rs. 45,000 to 65,000. This is basically in the professionals for patent research, writing and filing the patent application for your invention.

Steps 1: Write down the details

Write down the details of a patent as much as possible. Such area of an invention, Work, Benefits, Description, etc. In this invention is disclosed to the patent professional (patent agent) by signing a Nondisclosure agreement. In this process, you should submit each known fact about your invention that includes description diagrams and experimental results. It is better to mention every little detail.

Step 2: Creative measures of Patent

This includes drawings, diagrams or sketches which explain working of the invention. How to do it in a better way.

Step 3: Checking Invention

This includes checking the invention whether an invention is patentable. In India, there are certain checking done according to which every patent is not patentable. 

Step 4: Search for the patent

Search for the patent is done in this step. This should follow criteria of Novelty, Usefulness, Industrial application, Non-obvious. The decision is made after reviewing the patentability search report prior to the arts of inventions. The invention should be an “inventive step” for the qualification of the patent. These include technical, economical or both. When the decision is taken with patent filing next step is writing the patent application which is also called as patent drafting.

Professional charges (Rs 10,000 to Rs.20, 000)

Step 5: Draft the patent application

Draft the patent application then secure filing date. This takes 12 months for a complete specification. It does not cost much .This is a specialized job and requires both technical (field of an invention) and legal (Indian patent act) understanding. Since Patent is a techno-legal document. Many inventions have been done and the application has been written completely on a technical perspective. Writing patent application as a technical document without considering legal aspect may be a mistake which can make your application unworthy and efforts made you in research and development can go waste.

Patent drafting charges range from Rs. 20,000 to Rs. 30,000 (professional fees)

Step 6: Publication

Publication can be done on filing the complete specification along with the application for patent and after 18 months it is published. There is a provision of early publication if the patent has to published within one month from the date of filing early publication.

Step 7: Request for examination

Request for examination can be a patent application. These should patentability criteria. First examination report is created by the examiner after reviewing. This is called patent prosecution.

 Examination fee is Rs. 4000 to Rs.20000

Step 8: Responding to objections in examination report

The first examination report submitted to the controller by examiner generally contains prior arts (existing documents before the date of filing) which are similar to the claimed invention, and same is reported to the patent applicant.

Step 9: Respond to objections

Some type of objection is received based on examination report. In this chance is given to the inventor based on the response and examination which tries to prove to the controller that his invention is indeed patentable and satisfies all patentability criteria’s. 

 Step 10: Grant of patent

When all the requirements have been met then will be granted. If the patent journal is published time to time then if will notified

Renewal of Patent fees    

Maintenance of patent for 20 years from filing date requires renewal fees.

Cost of Patent Registration in India

15
Feb
17
Protection of Trademark in India

Trademark protection is a legal function to assure the protection of company's trademarks. The department assures its role when it is integrated into the legal function of an organization. Trademark department is required to be created in large enterprises will look after Trademark Management. Trademark has the principal duty to protect and administer the trademark of the company. ie. by registration under a law of a particular country. The list and classes of goods are covered.

In trademark protection distinctive logos, name and other marketing devices are protected. These are known as the strong and also intrinsically distinctive which are from time to time. Trademark are known to the public to the user. Trademark are considered weak when they merely describe some feature goods. Some features are unpredictable under trademark law. Certain goods available in the market are not original in this case protection is needed. Colour wrapping, phrase, and other symbols are under trademark protection.

How can trademark be protected in India?

Civil action-Competent court can be moved for grant of relief of injunction against infringement.

Criminal proceeding-Complaints can be filed against the person for infringement of fact of civil action.

Administrative remedies-Notice of opposition can be filed against the trademark.

Border Measures-Power is conferred on the central government for certain goods.

International Protection for Trademark

The application has to be filed in the relevant class if the mark falls under more than one class. There are three points:

  • File an application in each and every country in which applicant want protection for their trademark.
  • File an application through regional conventions which provided for registration in multiple countries.
  • Bilateral and Multilateral treaties are established under regional conventions.

Functions of Trademark Department

  • Advertisement of the marketing department with regard to the choice of a new trademark.
  • New Trademark’s legal clearance is by conducting searches in the Trademarks Registry. In the marketplace with regard to the availability of similar or identical marks in respect of similar goods and services.
  • Submit the trademark application.
  • Advise the company to go for registration in the country where the goods are to be sold or exported.
  • It is to seek International protection of the trademarks and other Intellectual Property for the betterment of globalization of industry and trade.
  • The company is advised for proper usage of the trademark in order to avoid the attack on the registered trademark. This is also done on the ground of non-use by business competitors.
  • Initiation of legal action and infringes by filing civil suits or criminal complaint against the infringement and dishonest traders.
  • Conduct search and raid the premises when infringed or spurious goods are being manufactured.
  • Easier reference when individual files are maintained for each and every trademark of the company.
  • Creation of Software is better for Trademark department.

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