Introduction of the service
My business needs a global expert for an online business or for dealing with counterfeit goods?
How would I know the foreign costs monitored are reasonable?
If there is a lawsuit, how shall I handle my case?
The recent events in the businesses confirm that entrepreneurs have become more litigious than ever especially over the matters of copyright, trademark and patents. This has brought tremendous awareness wherein small business owners in India are keen on to register their brand, their creativity to ensure protection.
Features of Trademark and Patent
- An experienced and highly qualified team of advocates and trademark attorneys to guide you in relevant documentation hassles.
- Help you with preliminary information, search reports, preparing of the authorization documents, drafting and filling of your application
- On time delivery with well-established national reach and partnerships to help clients file and prosecute applications
- Helping companies build and manage trademark and patent portfolios, which not only provide business and competitive advantage, but also assume high financial value.
- 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
A patent protects inventions that are novel and inventive. It grants an exclusive right to prevent others from making, using, selling, offering for sale or importing an invention in the country in which the patent is applied for.
- Patent can be understood as a contract between an inventor and the government where the government grants the exclusive rights to the inventor in exchange of a detailed explanation and disclosure of the invention.
- This serves a twofold purpose, viz. firstly, the exclusive rights ensure that people are motivated to come up with more and more inventions, and secondly, public good is achieved as the people can enjoy the benefits of the latest technology.
There is a fine line between these two:
- Trademarks are the easily recognizable symbols and signs of a particular individual, business concern or organization.
- Trademarks are used to identify the makers of products and the providers of services in the consumer market; as such, they are valuable commodities and should be protected against infringement or imitation.
- A patent is a permit by a government to an inventor, allotting the right to prohibit others for a confined period from making, employing or selling the invention all over a country.
- It is a record in which the invention is amply illustrated and the scope of the invention identified.
- Design patents encompass the external adornment of a product and supply lesser defense than utility patents, but are substantially less costly to acquire.
- They are employed, for illustration, to secure ornamental designs of jewelry, furniture, beverage containers and computer icons.
There are two kinds of patents: The Invention Patent & The Utility Model.
- The patent classification according to one of the above mentioned types takes place at the moment of its filing, depending on the features of the invention which are intended to be protected.
- The law does not define the invention patent, it only states that is possible to object of patent he invention that fulfills the requirements of novelty, inventive act and industrial applicability.
- All products or manufacturing processes developed in the most different areas of knowledge, can be protected as an invention patent, since it bears a substantial innovation in relation to what is known in the art and since it contributes to the economic development of the Country.
- The Utility Model is defined by the Law as "every object of practical utilization or its part, subject to industrial application, which presents a new form or disposition, involving an inventive act that results in functional enhancement of its utilization or in its manufacturing.
- A patent expert is needed for patent drafting because efficient patent drafting requires in depth understanding of both technical domain and legal principles.
- An inventor may be well versed with the technology but may not understand the legal principles very well.
- It is advisable to take help of patent agents who specialize in that area of technology to which the invention belongs.
- A patent agent is a person who has cleared the patent agent exam conducted by the Indian patent office and has been registered with the Indian Patent Office as a patent agent.
- A patent agent can draft patent applications, file for patents and appear in proceedings before the Indian patent office, on behalf of a patent applicant.
- A patent attorney, on the other hand is a lawyer enrolled at one of the Bar Councils in India in addition to being a patent agent.
- Patent attorney can not only carry out all the activities of a patent agent but he can also represent a party in a patent litigation in courts.
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