A trademark is a type of intellectual property, and typically a name, brand, phrase word, logo, symbol, design, signature, device, letter, numeral, heading, label, name written in a particular style, the shape of goods image and a combination of these elements. There is also a range of non-conventional trademarks containing marks, which do not fall into these normal categories.
How to register a trademark
Below are the following steps for registering a trademark:
Registering the trademark is the first step in aggressively protecting ones intellectual property rights. Registering a mark not just guarantees that you would win in a legal proceeding concerning that mark but also gives you enforcement rights, such as statutory damages and attorney's fees, against third parties who intentionally infringe your rights.
Registering your work with the registrar of Copyright Office is generally known as Copyright Registration. Copyright Registration helps in protecting the right of the individual, organization or original thought.
Creative and Original work is precious for every individual or organization and are of value to them therefore Copyright registration facilitates the protection of the original and genuine thoughts. It includes all kind of written, audio or visual materials but should be original and pure. By way of copyright Registration your original literary, dramatic, musical and artistic works, cinematograph films, and sound recordings were protected from unauthorized translation or reproduction.
The Register of Copyrights shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entries therein, or extracts there from certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office shall be admissible in evidence in all courts without further proof or production of the original.
A PATENT is a form of intellectual property. It consists of a set of exclusive rights granted by the central government to an inventor or their assignee for a limited period of time, in exchange for the public disclosure of the invention.
An invention means any new and useful art, process, method or manner of manufacture; machine, apparatus or other article; or substance produced by manufacture, and includes any new and useful improvement of any of them, and an alleged invention.
Typically, a patent application must include one or more claims that define the invention. These claims must meet relevant patentability requirements, such as novelty and non-obviousness. A patent confers the exclusive right on the patentee to make, sell or distribute the invention in India. If any of three rights is violated, an infringement would be there. A patentee may assign some of these rights. The exercise of the rights so transferred in favor of the licensee by the licensor would not amount to infringement of the patents.
Design refers to the features of shape, pattern, configuration, ornamentation or composition of lines or colors applied to any article, in two or three dimensional forms. The design registration confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered. If his right is infringed by any person, he can sue for infringement. He can license his design as legal property for a consideration. Registration primarily confers this right for ten years from the date of registration. If the fee for extension is not paid for the additional period of registration within the period of initial registration, this right will cease. There is provision for the restoration is filed within one year from the date of termination in the prescribed manner.