| |
|
|
Any other distinctive mark, symbol, logo, device, labels. |
| |
|
Q.Which marks may not be registered? |
| The mark which are identical or deceptively similar with already registered Trademarks or has been already applied in respect of the same description of goods but also the use of a mark likely to deceive or cause confusion and the use of which would be contrary to any law in force or contains scandalous or obscene matter or any matter likely to hurt the religious sentiments of any class or section of the citizens of India may not be registered. |
Q. Market research is necessary before applying for registration? |
You must conduct a market research to ascertain whether any identical or deceptively similar mark is already being used for the similar goods. It is advised not to imitate or copy other similar mark or any other well-known Trademark of different goods. It is desirable to obtain preliminary search regarding the distinctiveness of your mark.
|
|
|
Q. How do I find out a status of similar mark? |
Trademark search can be conducted in order to determine status of any mark of a person or company whether using a similar mark or not. |
|
|
Q. What is a Trademark search?
|
A Trademark search is conducted to identify existing Trademarks that may have the potentiality of having conflict with your proposed mark. The adoption of the mark without proper search, you may have a risk of being sued for passing-off Trademark or for infringement that may make you to lose the right to use your newly acquired mark / product name or slogan in which you have put efforts in acquiring the same. You have to avoid conflicts and deceptive similarities with your mark and prior search can make the difference between the success and failure of your business venture. |
|
|
Q. Is it better to have a search before filing an application?
|
Yes, it is better to get the search report of the registered and pending applications before filing the application.
|
|
|
Q. Is it necessary to have Trademark search? |
Yes, the search results of registered and pending applications will help you to decide the future name, word, mark and at the same time It is advisable before making a large investment in the proposed venture you must assure whether your mark is secure or not. You should not adopt a similar mark, which is confusing or having conflict with other company's Trademark, which may land up you to the risk of a lawsuit for infringement of Trademark. |
|
|
Q. How long does it take for a mark to get registered?
|
Since the applications are processed on "first come first serve" basis. Due to backlog a successful application filled for registration of a Trademark will result 5-6 years before the mark is registered provided no opposition is entered by any third party. |
|
|
Q. How long does registration kept in force or last? |
Indefinitely, the registration is valid for seven years from the date of filing and renewal fees have to be paid at regular intervals after lapse of seven years. · |
|
|
Q. May I apply more than one mark in a single application? |
No, each separate application has to be filed for each mark. If the applicant wishes to register the same mark in more than one class, a separate application must be filed for each class of goods.
|
|
|
Q. What documents is needed for filing an application? |
Other than particulars of mark, no document is needed except Power of Attorney in our favour.
|
|
|
Q. Do any further conditions have to be met?
|
Yes. The Trademark must not conflict with a Trademark already registered in respect of similar goods
|
|
|
Q. How to apply for registration? |
We, Mark Innovators will assist you in filing process for Trademark registration application. Please send us e-mail indicating your requirements.
|
|
Q. How registered Trademark can be useful? |
Apart from distinguishing your goods from others, a Trademark is probably the single most valuable marketing asset that most companies can depend upon. |
|
Q. Can mark refused for registration? |
Yes, mark can be refused for registration not all words, names, symbols or devices works as Trademarks. The mark / name which are merely derive from the generic name of the goods for which it is being used cannot be registered. |
|
Q. Are users of Trademarks required to get register them? |
No. Registration is not compulsory, but without registration, an owner of a Trademark cannot brings an action for infringement to protect the mark. Suing for infringement of a registered mark is much simpler than launching a common law action for passing off to protect an unregistered mark. |
|
Q. Does mark have to be used before it is registered? |
No. The Trademark already in use can be registered; it is also possible to register Trademarks, which are intended to be used in future. |
|
Q. Because of non-use can a mark be removed from the register? |
Yes. One can apply to have it removed from the register if the Trademark has not been in use for a period of five years during which it has been registered. Another option is part-cancellation, in this instance the monopoly is restricted but the Trademark remains on the register
|
| |
Q. Do Indian citizenship is must for obtaining a Trademark registration?
|
No. However, an applicant's citizenship must be set forth on record. If an applicant is not a citizen of this country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Official Gazette and on the certificate of registration.
|
| |
| Q. Is Indian registration valid and recognized outside India as well? |
No. Certain countries, however, do recognize an Indian registration as a basis for registration of the mark in those countries. It is advisable that regarding registration the laws of each country must be consulted before filing of the application.
|
| |
| Q. Is it possible for a foreign corporation to license a Trademark in India against payment of royalty in a foreign currency? |
The license agreement requires prior approval of the government for payment of royalty to a non-resident. Those in case of a use of a foreign brand name a payment of royalty shall not be allowed unless the products on which the mark is used are intended only for export.
|
| |
| Q. Can the ownership of a Trademark be assigned or transferred to another person? |
Yes. a registered mark, or an application which is pending for registration has been filed is assign able and transferable
|
| |
| Q. What is proper to use the "TM" and symbol "R" with the mark? |
Once you have filed an application for registration of mark, the "TM" symbol may be used with the mark if an application is pending. One who claims rights in a mark may use the TM" (Trademark applied) with the mark to alert the public to its claim. However, the symbol, "R" can only be used once the mark is actually gets registered in the Trademark Registrar's Office. |
| |
| Q. How can I know the status of my pending application? |
You may check on the status of a pending application by getting in touch with us after sending us a filing receipt containing the serial number of your application.
|
| |
| Q. Under Trademark laws what sort of protections is available? |
The Trade and Merchandise Marks Act, 1958 law legally protect your Trademark by two ways, firstly once the Trademark is registered, infringement can be easily established. The only protection remedy is available in common law of passing off in case of unregistered marks and marks which is not register able. The Trademark law protects the right of the owner of a mark to use mark that distinguishes his marks from others.
|
| |
| Q. What is the difference between infringement action and passing off? |
The basic difference between an infringement action and an action for passing off is that the former is a statutory remedy and the latter is a common law remedy. In order to establish infringement with regard to a registered Trademark, it is only necessary to establish infringing mark is identical or deceptively similar to the registered mark and no other proof is required. In the case of a passing off action that the marks are identical or deceptively similar and the use of the mark likely to deceive or cause confusion proving only similarity is not sufficient. Further, it is necessary to prove that the use of the mark by the defendant is likely to cause injury or damage to the plaintiff's goodwill. Whereas in an infringement suit the use of the mark by the defendant need not cause any injury to the plaintiff. However, The protection is therefore afforded only to those goods. When a Trademark is registered with regard to a particular category of goods. But in a passing off action, the defendant's goods need not be the same; it may be allied or even different. |
| |
| Q. Why are infringement proceedings easier than passing off proceedings? |
In infringement proceedings the Trademark users can base their case simply upon their certificate of registration. In passing off proceedings the owners can only succeed if they can demonstrate to the court that they have established a reputation of their mark and it would be likely to confuse the device to the public and that the complained use of it be as passing off. It is therefore advisable to register the Trademarks where possible.
|
| |
| Q. How can I restrain someone using a Trademark similar to mine? |
There are several ways to stop use of your Trademark by a third party. Send us e-mail and depending on the actual situation, we may assist you in stopping the use of the mark.
|
| |
| Q. Is it necessary to get professional help? |
The registration of Trademarks is a specialized area of work and it may be advantageous to call the services of a specialist, particularly if numerous difficulties are encountered in an application.
|
| |
| Q. What are the costs involved for registration of Trademark? |
Please do contact to us for our services and further for details. If you have any further queries, please do not hesitate to send us an e-mail at register@IPSearches.com
|
| |
| FAQ'S ON PATENTS : |
| |
Q. What is a patent? |
A patent is a property; it is a monopoly right to exclusive use of an invention and can last for few years like any other business commodity, may be bough, sold, hired or licensed. |
|
Q. Can all inventions be patented?
|
No. Generally, to get patented an invention must be linked with the composition, construction or manufacture of a substance or article or apparatus, or with an industrial process, as it may distinct from artistic creations, mathematical methods, business schemes or other purely mental acts. In addition, certain categories of invention are specifically excluded from patenting ability.
|
|
Q What are further conditions required and to be met? |
Yes. An invention has to be novel and not obviously to a person of ordinary skill experienced in the particular technology. |
|
Q. What rights do patent creates?
|
The exclusive right to use the invention or allowing others to use it under your terms and conditions. You also have right to take legal action and to claim damages against others those might be infringing your invention.
|
|
Q. How long does it take get Patented?
|
Generally, the Search Report would be issued within about 3 months after request, publication would be after 18 months after filling and first examination about 18 months after publication. Grant follows after official objections are cleared and from all stages up to grant must be completed within 4 ½ years of the first filing date. |
|
Q. What are the charges and other costs?
|
The charges and costs for processing applications, the principal ones are being for filing, later search and examination. To maintain a patent in force, renewal fees have to be paid annually from the beginning of the fifth year after filing. |
|
Q. Can I disclose anyone about my invention? |
It is must for you not to disclose your invention to anyone or allow anyone to exploit it commercially till an application is submitted, since prior commercial exploitation of this could prevent grant of a patent or could invalidate a granted patent.
|
|
Q. It is necessary to take professional help? |
It is not necessary since it is a technical and a legal document and the drafting is a job for an expert as the strength and novelty of a patent is affected by how well it has been drafted. So the greater the potential commercial value of an invention more advisable to obtain professional help. |
|
|
Q. What is a registered Design? |
It is a monopoly right for the outer shape of an article or articles of manufacture to which the design novelty is being applied. A registered design is a property like any other commodity may be bought, sold, hired or licensed.
|
|
Q. Can all Designs be registered? |
No. Where the appearance of an article is not significant novelty or where there is no design freedom because the shape of the whole or then the design determines the design of the part is not registered. Thus functional designs are not important, In other words registered design protection will only be available for truly aesthetic and stand-alone designs where competitors do not need to be able to copy such designs in order to compete. There are also other specific exclusions for certain types of designs and these include works of sculpture, medals and printed matter primarily of a literary or artistic character such as book jackets and calendars, In general, copyright protection is being afforded to these excluded designs. |
|
Q. What are further conditions, which have to be met? |
Yes. A design has to be 'novel', i.e. it must not have been prior published in India before application for registration is made nor registered on an earlier design application, and it necessarily be materially different from nay other published design for the same or any other type of article. |
|
Q. What is the difference between a Design and a Patent?
|
The design applies to the outward appearance of an article, whereas a patent is concerned with the function, operation, manufacture or material of construction of an article. |
|
Q. What is right registered designs carries? |
The exclusive right in India to make, imports, sell or hire out article to which the design has been applied or allow others to use the design under terms settled with the registered owner. The owner also has the right to take legal action against infringer and claim damages. |
|
Q. How a design can be registered in India?
|
The owner of the design may make an application form with filing fee to the Designs Registry at the Patent Office providing representations of the design. The Registry will determine if the particular design is 'new' and will make a search through previously registered designs once other requirements are also formally met, a Certificate of registration will be issued. Otherwise registration will be refused, against which there is a right to appeal.
|
|
Q. Can modifications are accepted for registration?
|
Yes, application can be made either to register a modified version of a previously registered design or to obtain further registration of a previously registered design, to apply it to a different type of article to that covered by the original registration. |
|
Q. How long does registration process takes place? |
Registration process should normally be completed within six months, although a total of twelve months (extendable to fifteen) is allowed an application to be put in proper order. |
|
Q. What will be the cost and charges to register a design? |
The costs and charges fee for processing applications, and in most of the cases it needs only the filing fee. If you wish to keep the registration in force after the initial 5-year registration term. Then fees have to be paid for each succeeding 5-year term.
|
|
Q. Can I disclose anyone about my design?
|
Before that date extreme caution is needed to ensure that the design is not made public or disclosed in any way whatsoever otherwise registration may later be proved invalid. |
|
Q. Can registered designs be made public? |
Once registered, registered designs are laid open to public for inspection with registration details, but the design itself are not recorded in the Register of Designs. |
|
Q. How early can the articles make of a registered design be manufactured and marketed?
|
A extreme caution is needed to ensure that the design is not disclosed to the public in any way prior to its registration otherwise registration is not obtainable, However, a design may be displayed at an exhibition certified by the Department of Trade and Industry before applying as long as such application is made within six months of opening of the exhibition. |
|
Q. Can registered designs be used for other purposes? |
Yes existing registered designs provide a large amount of technical and commercial information concerning the latest developments in product design. |
|
Q. Does the design registry provides search services? |
Yes, On payment of a fee the Registry will conduct a search to determine whether a design resembles a registered design. This service is distinct from the search conducted as part of the processing of a registered design application. |
|
|
| |
Q. What is a registered Copyright? |
The Copyright includes a exclusive right to a create, acts to do in relation to artistic, literary, dramatic, Musical works, Cinematography film, sound recording and Software that he can control various ways in which their material substance may be exploited. Broadly a Copyright covers copying, adopting, issuing copies to the public, performing in public and broadcasting the material in many cases, basically right to copy or reproduce the work in which Copyright subsists the creator has right to identify his work.
|
|
Q. What are the rights and benefits of Copyright registration bring? |
Basically the creator gets exclusive right to copy or reproduce the work in which Copyright subsists in India to make, imports, sell or hire out article to which the Copyright has been granted or allow others to use the work under terms settled as with the registered owner. The owner also has the right to take legal action against infringer and claim damages. The Copyright may be enforced by civil or criminal actions. The registration of Copyright in India is not mandatory but useful in courts civil and / or criminal proceedings where it can be taken to protect it. |
|
Q. Who can file a registration application? |
The application can be filed by the owner, individual, corporation or partnership, or generally by the person / the creator basically who has exclusive right to copy or reproduce the work in which statutory right in Copyright work subsists in India |
|
Q. Registration of Copyright work is necessary? |
Registration under the Copyright Act is not necessary but registration proves useful for the enforcement of the statutory right. · In criminal proceedings unregistered copyright particularly in respect of artistic labels used, as the Police Authorities do not give importance to its credibility. |
|
Q. How long does it take for a Copyright to get registered? |
Registration process should normally be completed within six months, although a total of twelve months (extendable to fifteen) is allowed an application to be put in proper order. |
|
Q. How long does registration kept in force or last?
|
60 Years from the date of first publication of the photograph. |
|
Q.What document is needed for filing an application? |
The particulars of Copyright work to be made in triplicate accompanied by the copies of the work including Power of Attorney in our favour. |
|
Q. How to apply for registration? |
The owner of the Copyright may make an application form with filing fee to the Copyright Registry providing representations particulars of the copyright work. The Registry will determine if the particular copyright is 'original work' and will make a search through previously registered copyright once other requirements are also formally met, If the registry receives any objection for such registration after holding inquiry as he deems fit may enter such particulars of work. We Mark Innovators will assist you in filing process for Copyright registration application. Please send us e-mail indicating your requirements |
|
Q. Do Indian citizenship is must for obtaining a Copyright registration? |
No. .All nationals of member countries can register a foreign work in India even though such work is automatically protected in India under the aforesaid conventions India is being member of Berne Convention, Paris Convention and Universal Copyright Convention. |
|
Q. Can the ownership of a Copyright be assigned or transferred to another person? |
Yes. A owner of the Copyright in a existing work or the prospective owner of the copyright in a future work may assign to any person either wholly or partially and either for the whole term or any part thereof. |
|
Q. What sort of protection under the Copyright law is available? |
Copyright may be enforced on infringer by civil or criminal actions. · Relief allowed is same as in case of Patents in so far as the civil action is concerned. For criminal action the accused may be imprisoned or fined up to two lacs Rupees or with both.
|
|
Q. How can I restrain someone using a Copyright work similar to mine?
|
There are several ways to restrain use of your copyright work by a third party. Send us e-mail and depending on the actual situation, we may assist you in restraining the use of the copyright work. |
|
Q. Is it necessary to get professional help? |
The registration of Trademarks is a specialized area of work and it may be advantageous to call the services of a specialist, particularly numerous difficulties you may encountered in the application. |
|
Q. What are the costs involved for registration of Copyright?
|
Please do contact to us for our services and for further details. If you have any further queries,please do not hesitate to send us an e-mail at info@IPSearch.net |
|
|
| |
Q. What is ipsearches.com?
|
IP Searches is established IP firm in the early 90’s. In the last 10 years we have grown from scratch to full service, trademark agency with offices associates spread across and reciprocal relationships with lawyers and trademark offices and have network of worldwide Trademark Associates. We are a small company, able have been to provide reliable and knowledgeable information services in a personalized manner to our clients. |
|
Q. What is the Trademark research or search service? |
The main aim of this search service is to obtain a comprehensive list of trade names and trademarks that are deceptive or similar to the client's trademark in a specified country. This is more so done mainly to provide as a source of information for people concerned with or who intend to decide whether to go for registration, or not of a trademark. Hence Search is conducted by consulting all presently compiled available sources of trade names, trademarks and company names.
|
|
Q. How much time does the trademark search service take? |
From Five to Six working days. |
|
Q. Why is it important to conduct a Trademark Search? |
Millions of new businesses, products and services are created each year. The conflicts between trademarks, even those, which may appear to be original or unique, are extremely common. As explained above, the owners of trademarks are entitled to bring infringement suits against those for use of identical or confusingly similar marks. Though not in all such suits the results are encouraging and are good, on the other end, at the very least they are extremely costly to defend against. More importantly, successful infringement cases can force the losing party to stop using the offending trademark.
This of course can be very expensive, as all items, which contain the infringing trademark (e.g., signs, letterhead, packaging) must be replaced. In certain cases, an infringing party may also be forced to pay significant amount of damages and/or high attorney's fees. It is therefore extremely important to conduct a thorough trademark search prior to using a particular mark.
|
|
Q. Do new businesses need to be aware of their rights and obligations under Trademark laws? |
Yes. Even small local businesses may encounter a challenge to their trademark in the future. In addition to this, many small businesses end up being very successful and seek to get expand due to exponential growth of "Internet", this is true today than ever before. The Internet provides opportunities for national and global expansion, even for the smallest businesses. This trend will not only continue in the future but will expand in its leaps and bounds. It is therefore important for businesses of all types and sizes to choose and protect their trademarks with extreme care. |
|
Q. Should I engage an Attorney to review the search results of a Trademark? |
In many cases, the answer is yes. Though it may be easy to determine, whether an identical or deceptively conflict exists between trademarks with regard to the results of a trademark search, this may not be the case with marks that are "confusingly similar." The attorney in the context of trademark law should analyze the marks that sound or appear similar, or have a similar meaning. An attorney who practices in this highly specialized field will be able to best differentiate this. Even a mark that is identical to other mark may not necessarily be precluded, if there is no likelihood of confusing the two marks. As consequently, it is often prudent to have an IP attorney to review the results of a trademark search with IP SEARCHES you have a choice of that you will not only get legal advice but a personalized service backup to stand with till the time you need. You can either interpret the results of your trademark search yourself, or for an extremely reasonable fee, you can have one of our trademark attorneys carefully analyze your search results and provide a written opinion. |
|
Q. Can I do my own trademark search? |
Yes. You can do your own search of trademarks registered through Internet by visiting U.S. Patent and Trademark Office (USPTO) website Or you can visit to any of country designated Trademark Office Most of these libraries also have step-by-step instructions for searching registered and pending marks.
In addition to searching for registered or pending marks, you may also use product guides and other materials available in these libraries to search for possibly conflicting marks that haven't been registered with the USPTO. This can be important because, even if a mark is unregistered, its existence could preclude you from registering the same or confusingly similar mark in your own name.
|
|
Q. How can I use the Internet for my trademark search? |
In addition to searching for registered and pending marks in the USPTO's, you can now conduct a very thorough search for unregistered marks by using one or more of the new, powerful Internet search engines. For example, by entering your intended proposed name in the search field on the Google home page (www.google.com), you will get a report of every instance where the name appears on Web pages that the Google search engine has indexed. You may further narrow down your search through several additional search engines, such as MSN Search and Excite |
|
Q. Can I hire a professional firm to conduct a trademark search? |
There are many people preferred to pay a professional IP search firm to handle a trademark search rather than do it themselves. This makes a sense, if your financial plans justify an initial outlay of payments; as you have to pay initially fraction of cost what you may end up to pay later and it is better to pay the minimum cost for a thorough professional search for both registered and unregistered marks. |
|
Q. How can I find out whether a trademark, I intend to register is already being used as a web domain?
|
As every website is identified by a unique phrase i.e., www., is known as a "domain name." Because so much business is now being done online, most people will want to be able to use their proposed mark as a domain name so that their customers can easily locate them on the web. You can search domain names being used by Web-based businesses at any domain name registrar. |
|
Q. Is it better to conduct a search of the office records before filing an application? |
Yes. IP SEARCHES is providing high quality, value-added trademark registration services too, besides Search and Watch services for an affordable price and further any trade name or mark that is to be registered and used on a specific range of goods or services. You can send us specific request for a very comprehensive trademark search right here on our site for affordable fee. |
|
Q. What are common law rights? |
The common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an application with the Patent and Trademark Office has the ultimate right to use and registration. |
