Trademark Registration
The process for registration of the trademark can be carried out by the business owner or his/her representative. The registration process can be described in the following steps:
Trademark Search
A trademark search is a review of various information, including trademark databases, and occasionally commercial and marketplace resources, typically designed to determine whether a particular trademark is available for (a) use without risk of infringement of the rights of a prior user or registrant, and (b) registration, referring to the criteria for registrable trademarks under local laws.
It is highly recommended to conduct a trademark search before filing a trademark registration application to ensure that there is not a prior existing mark similar to yours that could prevent your mark obtaining registration.
Trademark Filing
Once it is found out that the proposed trademark does not conflict with any other trademarks available at the Registry, a trademark application is filed at the Trademark Office. Now the Trademark application can be filed for more than one class of goods in one application. An application with priority rights shall be filed within 6 months from the date of initial grant of the registration application of the mark in another country.
Examination
After filing, Trade Marks Registry will then examine the mark to ensure it meets the requirements for registration in India. Examination currently occurs around 8-10 months after filing the application, however, it is possible to request an expedited examination by paying extra government fees.
Publication
If the Registrar objects or wants fulfillment of certain conditions, a Response is sought from the Applicant. After the filing of the Response, if the same is accepted, the Trademark proceeds for publication in the Trademark Journal. If the Response is not accepted, a hearing can be requested. At the hearing, the Registrar may allow for the registration or reject it absolutely. If the Registrar allows, the Trademark proceeds for publication in the Trademark Journal.
Opposition
When the Trademark is advertised in the Trademark Journal, then the third-party can oppose the registration of the Trademark within the 4 months from the date of the Trademark journal made available to the public. Normally the following person opposes the registration of Trademark.
• The owner of an earlier Trademark application or registration covering a similar Trademark for similar goods.
• A person who has used the same or a similar Trademark prior to the client, but who have not sought registration of the Trademark.
Registration
If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate will issue. Once registered a trademark will be valid for 10 years thereafter it can be renewed for another 10 years upon paying the government fees.
Copyright Registration
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Design Registration
Design registration is a type of intellectual property protection, under which newly created designs applying to a articles created under an industrial process can be protected from counterfeiting. Under the Design Act, 2000, a shape, configuration, pattern or ornament or composition of lines or colour or combination applied to any article can be registered. For a design to be registered, it must satisfy the following conditions: it must be new and original, the design should relate to features of shape, configuration, pattern or ornament applied to an article, the design must be applied to any article by an industrial process and the design must be visible and should appear on an article.
Design registration provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act.
Patent Registration
Patent is an exclusive right for an invention provided by the law for a limited time to the Patentee. By patenting an invention, the patentee is able to control the making, using, selling or importing of the patented product or process for producing that product without his/her consent. For an invention to be patentable in India, the invention must be a new product or process, involving an inventive step and capable of being made or used in an industry. Patent registrations have a validity of 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification.
Patent registration applications are handled by the The Patent Office, Controller General of Patents, Designs & Trade Marks. .