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ipsearches.com will continue to provide the search reports by e-mail
(and hard copy, if desired). In addition, we are able
to provide cost-effective products of the highest quality,
including information resources, which are now available.
The following criteria is being used for each for India,
SAARC and as well as international in watching, search
services, and we can include or make our tailored based
special search and watch criteria you might have in
relation to your specific mark, with any specific translations,
transliterations and anagrams on nominal additional
charges.
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Prefix match |
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Suffix
match |
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Consonant
match |
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Phonetic
match |
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Benefits of Taking Registration
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While registration is not necessary
for trademark protection, registration of the Trademark
on the Trademark Register does provide certain advantages:
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The right to sue in Indian courts
for trademark infringement; |
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The recovery of means profits,
damages, deliver-up, rendition of accounts and costs
in a Indian courts infringement action and the possibility
of treble damages and attorneys' fees;
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The constructive notice of a claim
of ownership (which eliminates a good faith defense
for a infringer adopting the trademark subsequent
to the registrant's date of registration); |
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The right to deposit the registration
with Customs in order to stop the importation of goods
bearing an infringing mark;
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The
prima facie evidence of the validity of the registration,
registrant's ownership of the mark and of registrant's
exclusive right to use the mark in commerce in connection
with the goods or services specified in the certificate;
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The possibility of incontestability,
in which case the registration constitutes conclusive
evidence of the registrant's exclusive right, with
certain limited exceptions, to use the registered
mark in commerce; |
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The limited grounds for attacking
a registration once it is five years old;
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The availability of criminal penalties
in an action for counterfeiting a registered trademark; |
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A basis for filing trademark applications
in foreign countries. |
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Power
of attorney. |
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International
Trade Marks : |
There
is also an International trade mark registration whereby
one application can cover any country party to the
International system, the International system is
known professionally as the Madrid System and the
application can cover any country party to the Madrid
Protocol (a list of the countries party to the Madrid
Protocol are enclosed for your reference). |
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An
International trademark application must be based
on a 'home' registration and therefore the trademark
must be filed on the home Trade Marks Register prior
to filing the International application. The International
application is dependent on the 'home' application
or registration for the first 5 years of the International
application and therefore it is important that the
'home' registration is maintained until the 5-year
period has ended. |
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Please
note that if your 'home' registration is refused registration
or is declared invalid or revoked within the first
5 years of the filing date of the International application,
the International application will also be cancelled. |
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Again,
it is important that a trade mark clearance search
is completed in the countries of interest prior to
filing the International application, however in some
circumstances the search fees are more expensive than
the application fee and therefore in these circumstances
it is more cost effective to file the application
and wait and see whether an objection is raised against
it. |
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Just like USA, UK,
EC as well as trademarks of many countries and International
trade mark registrations last for 10 years and are
then renewable in 10-year periods thereafter. |
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Application
Package Fees: |
We
charge competitive professional fee in preparing and
filing trademark applications and email to you the
copy of the completed necessary forms for your perusal
and after getting instruction to file a trademark
application with the Indian or other SAARC countries.
You will surprise to receive a copy of complete prepared
application by email within 1 business day. |
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PATENT,
DESIGN SEARCH & WATCH : |
The
Designs can be protected as design patent (industrial
design). If the design is useful in some way, and,
at the same time, is novel and non-obvious, it is
patentable and can be protected under patent protection. |
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The
Design search will compare your design to existing
design filed with in the Indian Design Registry. If
the design has some artistic value then it is also
an artistic expression, and can be protected under
copyright too. If the design is used with a particular
product or services, then it forms a trademark and
is protected under trademark law too. Such a design
can be a logo, a design on the packaging, a part of
the packaging (e.g., the distinctive shape of the
Coca-Cola bottle is a trademark), a part of the product
itself (e.g., design of a particular Tea mug). |
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We
at ipsearches.com offers expedient
professional patent searching services for both Indian
patents as well as patents of other SAARC countries
in accordance with your requirements of search. If
you intend to estimate the prospects for getting your
invention patented in India, a design & patent
search can provide insight into prior art and help
you in determining whether or not to proceed with
filing an application. Our search service covers databases
the SAARC Countries and we are a one-stop service
provider for your entire design & patent search
searching needs. |
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In
Patents ipsearches.com offers customized
procedure for prior patent search and watch which,
enables the author / inventor to give only a brief
description of the concept or invention and the author
/ inventor gives us a few key words for searching
and watch. We then conduct the patent searches in
several databases and find out all prior inventions
granted similar to the concept /invention of the author
/ inventor. |
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COPYRIGHT
SEARCH & WATCH SERVICES : |
Our
experienced team of intellectual property agents can
draft and file copyright applications as well, like
the trademark application forms, copyright forms can
also be deceptively simple. An experienced intellectual
property agent can help guide you through the process
to make sure that your copyrights are properly filed
and registered on reasonable fee. We can also provide
assistance with other copyright documents such as
"Work For Hire" agreements, licenses and
assignments. Please call for a quote if you required
this type of assistance. |
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INTERNATIONAL
COPYRIGHT : |
There
is no such thing as an "international copyright"
that will automatically protect an author's work throughout
the entire world. However, most industrialized countries
do offer protection to foreign works under certain
international treaties and conventions. The most important
of these treaties is the Berne Convention. This treaty
includes over 100 countries and can be availed by
authors, who are nationals of any member country. |
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