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In this era of innovation and technology, it is crucial to protect your ideas when it comes to building a business out of them. Big companies have
dedicated teams and resources engaged in the legal nuances of copyrights, patents and trademarks- anything and everything to avoid intellectual
property theft. When it comes to small and mid-scale businesses, especially in India, IP ( Intellectual property ) is still not given the priority as it demands.
When starting a new business or expanding an existing one, the shareholders have a responsibility to make sure they are safeguarding the crux of their
business- the intellectual property.
Since idea generation is the biggest challenge in this era, where innovation does not come easy - includes a lot of Research & Development, human
resource and legal complexities. It is crucial to engage in conversations of IPR- Intellectual Property Rights. We help businesses with just that-whether it is
Patent, Trademark, Copyright or any other type of Intellectual Property- our team at Vyapaar Pundit is always there to guide you so that your idea is
protected and your business flourishes without unnecessary hiccups.
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In some cases, the trademark Registered proprietor of Copyright is the right
examiner mightHome About Us
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trademarkKnowledge Centre
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ownership entitled to literat
problems with the registration of to use the mark without drama, music, artworks, so
your trademark. transferring the ownership. recordings, etc.
DESIGN REGISTRATION
FILING RENEWAL OF EXISTING
PATENT Newly created design applied to
A patentee ensures that patent is article created under an industrial
regularly renewed to make sure process is protected from
that the patent is in force. counterfeiting.
Trademark search:
Trademark search means the step wise process of checking whether
the selected brand name is available for use under a particular
trademark class. Trademark search is done to check if the name to
be registered is already taken by others or is closely similar to
existing trademarks in trademark database. Proper trademark
search is important in trademark registration process.
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Trademark
Registration:
A trademark can be defined as the unique identity that makes your
company, product, or service stand out from the rest. A registered
trademark is your business’s intellectual property/ intangible asset.
It protects the investment made into creating trust and loyalty
among your customers. Trademark registration services provide the
right to sue against others who try to copy your trademark and
prevents others from using a similar trademark to the one
registered by you.
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Trademark renewal:
It is necessary to renew trademark registration as it is has a validity
of 10 years. Trademark registration renewal can be done beginning
from 6 months before the date of the expiry. A notice for trademark
renewal is sent before the date of expiry. If an individual still fails to
renew the trademark then the registrar may remove the trademark
from the Trademarks journal. But again this happens only after 12
months after the expiry date. Between 6 and 12 months after the
expiry trademark registration can be renewed on payment of a fine
through a process called restoration.
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Reply To Trademark
Objection:
In some cases, the trademark examiner might see certain problems
or issues with the registration of your trademark. These issues can
be either the filing of an incorrect trademark form, incorrect
name/details, the usage of deceptive or offensive terms, insufficient
information on goods or services, or the existence of an identical or
deceptively similar mark.
When an objection is raised, the status on the register will show as
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‘Objected’, following which an expertly drafted response will need
to be filed after an analysisHomeof the objection
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supporting documents and proofs. Objection response is your
opportunity to strengthen the claim over your mark and create
urgency.
If the response is accepted, the application will be processed
further for registration and advertisement in the Trademark Journal.
If it is not accepted, or if there are additional clarifications sought
by the examiner, there could be a trademark hearing scheduled
and this will be communicated to you by a notice.
The process typically takes 2-4 months from when the objection is
first raised. Once completed, the chances for approval, while not
guaranteed, are much higher.
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License of
trademark:
Trademark licensing is the process wherein a registered proprietor
of a trademark authorizes a third party to use the mark in the course
of trade without transferring the ownership of the mark. The
licensing of the trademark allows the registered proprietor to let
others use the mark without assigning the ownership of the mark.
The proprietor can also put other limitations on the use of the mark
through the terms that he puts into the licensing agreement. For
example, the proprietor may license a trademark to be used for
only particular goods and services.
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Copyright Filing:
Copyright is the right of ownership entitled to literature, drama,
music, artworks, sound recordings, etc. Copyright registration
grants a bundle of rights that comprise rights to reproduction,
communication to the public, adaptation, and translation of the
work. Registering a Copyright ensures certain minimum safeguards
of the rights of ownership and enjoyment of the authors over their
creations, which protects and rewards creativity.
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Copyright objection:
Copyright Objection means, the copyright department has
examined or checked your copyright application and while
checking, they have reasons to object the application and ask for
clarification on certain points. The copyright registry sends a letter
to the applicant asking for reply.
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Patent Search:
A patent search is a preliminary process for filing/applying for a
patent. Before such a right is granted, there obviously is a rigorous
check on whether the process or product is inventive, novel and
industrially applicable. It involves a search of the database of the
intellectual property regulator of India to check whether there exists
an object or invention that is the same as or similar to the
applicant's invention.
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Filing Renewal of
Patent:
Patent renewal is important for the lifespan of a patent. A patentee
must ensure that the patent is regularly renewed to make sure that
the patent is in force. The Indian patent act provides for various
methods and ways to ensure the renewal and restoration of a
patent.
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Design Registration:
A design is defined under Section 2(d) of the Designs Act 2001, as
only the features of a shape, pattern, configuration, composition, or
ornament of lines or colors that are applied to any article that is two
dimensional, three dimensional, or both by an industrial process or
any means whether mechanical, manual or chemical, separated or
combined, which in the finished article are judged solely by the
eye; but is not taken into account upon the principle of
construction or anything which is in substance a merely mechanical
device.
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