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INTELLECTUAL PROPERTY RIGHTS

TRADEMARK, PATENT, DESIGN  &  COPY RIGHT


The success stories of Intellectual Property Rights such as Post-it ® notes, or a trademark being valued at millions are certainly awe-inspiring. At the heart of such success lies effective creation, protection and enforcement of Intellectual Proprty rights. Services provided by LAW & LIFE include opining on patentability, patenting, filing, prosecution, pre and post grant opposition, freedom-to-operate, due diligence, patent watch , evolving effective patent strategy , trademark registration and protection, anti-trust, plant variety protection (PVP) and licensing of copyright to name a few. 


Drafting

Creativity and research flourish in a free environment. However protecting the rights of the creator entails an intricate framework of laws and procedures. Preparing a patent specification detailing its technical background, novelty, potential for industrial use, for instance, can be best executed by registered patent agents and people with expertise in the field. Law and Life is fully equipped with diverse talents to guide clients at every stage beginning with application and upto protection. 


Filing and Prosecution

Law and Life has a strong prosecution team which works in close synchrony with the client providing patent protection at every stage. The team undertakes drafting, filing, prosecution and opposition effectively handling issues like patent pre-grant and post-grant proceedings, pre and post-registration formalities for Plant Variety Protection (PVP), design searches for trademarks or search and analyses in respect of geographical indication. Our professionals work in close co-ordination with the four patent offices in India. The Intellectual Property team also formulates the strategy for a client and helps in its implementation. Such diligence helps the client in successfully defending the validity of rights procured, at a later stage. 


Opposition and Revocation

 Opposition and revocation seem to have become corollaries in the intellectual property path. Patent watch, tracking and detecting infringements or defending alleged violations require an alert and committed team of experts. The Intellectual Property team in Law and Life keeps itself abreast of changes in the business environment and aids clients in opposition and revocation proceedings including revocation proceedings in respect of related trade marks and border protection, domain name protection, advising and acting in relation to opposition proceedings in Plant Variety Protection and so on. 


Litigation

 Law and Life handles patent infringement and related litigation issues, patent appeals and opposition proceedings, investigation, pursuing criminal remedies and civil infringement litigation among others. 


Consulting

Intellectual property generated in a company is protected in order to provide both short term and long term business advantage. It is therefore necessary that companies determine their business goals and align their intellectual property strategy to be able to achieve these goals. The intellectual property strategy requires planning regarding portfolio creation and management, licensing technology and intellectual property litigation strategy, etc. In Law and Life IPR professionals advise companies on various issues pertaining to intellectual property management.

Trade mark

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LAW OF TRADE MARK

 What is Trademark?

A trademark IS ANY WORD (Coca-cola), name (TATA), symbol or device (Microsoft), slogan (Thanda Matlab Coca Cola), package design (Coca-Cola bottle) or combination of these that serves to identify and distinguishes a specific product from others in the market place or in trade. Even a sound (Britannia Chimes) color combination, smell or hologram can be trademark under some circumstances,. The term trademark is often interchangeable to identify a trademark or service mark. 

Why to register a Trademark?

Being an important asset, it needs to be registered to restrict the other business owners to use your own business identity. It protects the company rights or Investments which it had invested in a Brand or Logo. An example can be highlighted with the help of giant companies like Siemens, Apple, Pepsi and Coca-Cola belonging to same industry yet signifying separate brand. Likewise, we can find numerous examples of live companies bearing trademark as a brand like LG, Samsung etc. Trademark, as a business identity, distinguish a company with other companies a brand. Once registered, company get recognition by trademark, along with the business name. Trademark serves a badge, brand, quality, loyalty, goodwill statement.


 Who can apply for registration of Trademark?

Any individual, proprietor, company, partnership firm, a legal entity can apply for the registration of the trademark and can use symbol ‘TM’ till the registration is approved. Once trademark gets registered, the company may start using ® after getting certification. The whole process may take up to 2 year or 18-24 months. Registered trademark is valid for 10 years which needs to be renewed later.

A trademark is a guarantee of service, products, quality, and advertisement. So should be taken care of misusing the same. Trademark should not be similar to others 

Benefits of Trademark Registration

· Constructive notice of ownership of the trademark

· TM and ® is prestige of you Brand and your company.

· Its ownership and get exclusive rights over your trademark.

· You can sale your Trademark TM and ® and /or give license to the company to use your Trademark and get Royalty for the same.

· The exclusive right to use the Registered mark in commence in connection with goods or services specified in the registration.

· Establish the goodwill and incontestability of rights in the registered mark. 

· No one can make a copy of your trademark; if someone copy then you can take legal action against them and ask for damages.

· Sue for counterfeiting of the registered mark and to obtain both civil and criminal penalties against counterfeiters. 

Similar advantages can be obtained from registering a trademark in most in other countries of the world. In some countries, a registration is a requirement for any enforcement activities. Since the advantages necessarily vary from country to country.  .

How will I determine what to register as a trademark?

In order to be eligible for trademark registration, a work or phrase has to be “distinctive” or unique enough to help customers recognize a particular product in the marketplace. Generic terms that merely describe some feature or quality of the goods or that are based on someone’s name or a geographic term are usually considered not eligible for trademarking. If you want to determine eligibility of your trademark, Gudwill and Good will can help you determine that instantly. 

How are the trademarks different from Copyrights and patents?

Trademark protects distinctive words, phrases, logos, symbols, slogans, and any other devices that identifies your goods in the market place and gives you the exclusive rights to use them. Ti is related to business identity protection. 

What are the different stages involved for obtaining registration of a trade mark?

 a) Examination Stage:

Application will be examined by the examiner of trade Marks at Mumbai Registry. Examination report will be communicated to each Applicant or Agent or Attorney by quoting objections, if any for acceptance of the application. 

b) Enquiry Stage:

After receipt of Examination Report, a personal hearing may be requested by the applicant in order to overlook the objections by producing documentary evidences during the hearing. Thereafter order will be passed in the application by the registrar. 

c) Advertisement Stage:

If the application is found to be acceptable, then it will be advertised in the Trade Mark Journal (official Gazette of the Trade Marks Registry) to invite opposition, if any, from the public within the prescribed period of three months.

d) Opposition Stage : (if any)

This stage will arise only in cases when an opposition is filed against the registrations of a particular trade mark. If there is no opposition, then the mark will be registered. 

Downloads

Trademark Request Form (doc)

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LAW & LIFE (pptx)

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Classification of Goods and Services - Law & Life (pdf)

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Workflow Chart - Trade Marks Registration (pdf)

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PATENT

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LAW OF PATENT

Patents

Patent gives the exclusive ownership to the creator of an innovation containing new ideas and allows them to keep others from making commercial use of those ideas without explicit permission.

Announce coming events

Having a big sale, on-site celebrity, or other event? Be sure to announce it so everybody knows and gets excited about it.

Display real testimonials

Are your customers raving about you on social media? Share their great stories to help turn potential customers into loyal ones.

Promote current deals

Running a holiday sale or weekly special? Definitely promote it here to get customers excited about getting a sweet deal.

Share the big news

Have you opened a new location, redesigned your shop, or added a new product or service? Don't keep it to yourself, let folks know.

Display their FAQs

Customers have questions, you have answers. Display the most frequently asked questions, so everybody benefits. trademark

DESIGN

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LAW OF DESIGN

If customers can’t find it, it doesn’t exist. Clearly list and describe the services you offer. Also, be sure to showcase a premium service.

Announce coming events

Having a big sale, on-site celebrity, or other event? Be sure to announce it so everybody knows and gets excited about it.

Display real testimonials

Are your customers raving about you on social media? Share their great stories to help turn potential customers into loyal ones.

Promote current deals

Running a holiday sale or weekly special? Definitely promote it here to get customers excited about getting a sweet deal.

Share the big news

Have you opened a new location, redesigned your shop, or added a new product or service? Don't keep it to yourself, let folks know.

Display their FAQs

Customers have questions, you have answers. Display the most frequently asked questions, so everybody benefits.

COPYRIGHT

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LAW OF COPYRIGHT

  WHAT IS COPYRIGHT?

* Copyright is a bundle of rights.

* These rights have been provided in Section 14 of the Copyright Act, 1957. 

* These rights are also called as Economic Rights of the Author/ Copyright owner.


Copyrights

Copyrights protects original works such as screenplays, fiction, writings, graphic arts, music/audio recordings, photography, software, video, cinema, and choreography and prevents people from copying or commercially exploiting them without the copyright owners’ permission.

OBJECTIVES OF COPYRIGHT LAW

*Primary object is not to reward the labour of authors

*The object is to promote the progress of science and useful arts

*To achieve this object - 

(i)authors are provided certain rights to exploit their works; and

(ii)Public is allowed to make some free uses of the copyrighted work

SUBJECT-MATTER OF COPYRIGHT

Original Literary, Dramatic,  Musical and Artistic Work

ECONOMIC RIGHTS OF COPYRIGHT OWNER

  *Literary, Dramatic, Musical Work 

(i)To reproduce the work

(ii)To issue copies of the work

(iii)To perform the work in public

(iv)To communicate it to the public

(v)To make any cinematograph film or sound recording in respect of the work

(vi)To make any translation/adaptation of the work

(vii)Rental rights in case of computer programme

  

*Artistic Work

(i)To Reproduce the work including depiction of 3D work in two-dimensional work or vice-versa

(ii)To communicate the work to public

(iii)To issue copies of the work to public

(iv)To include the work in cinematograph film

(v)To make any adaptation of the work


 *Cinematograph Film

(i)To make a copy including a photograph

(ii)To sell or give on commercial rental

(iii)To communicate the film to the public


  *Sound Recording

(i)To make any other sound recording embodying it

(ii)To sell or give on commercial rental

(iii)To communicate the sound recording to the public

ASSIGNMENT OF COPYRIGHT

 *Assignment of copyright must be in writing and signed.

*It must identify work, rights assigned, duration and territorial extent

*It shall specify the amount of royalty and any other consideration payable

*It will lapse if the assignee does not use rights assigned in one year

*No assignment of copyright in underlying work shall affect the right of the author of such work to claim an equal share of royalties and consideration payable in case of utilisation of the work in any other form

RELATED RIGHTS/NEIGHBORING RIGHTS

  (i)Performers Rights

(ii)Rights of Broadcasting organization

Downloads

THE COPYRIGHT ACT, 1957 (pdf)

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Our Clients

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