Process of trademark registration and Indian patent

 INTELLECTUAL PROPERTY RIGHTS

Intellectual property is defined based on Article 2 (VIII) the Convention on the establishment of the Organization of World Intellectual Property, 1967 which is an inclusive definition rather than being an exclusive definition and protection rights such as rights related to literary protection, artistic and scientific discovery, phonograms, and broadcasting in all fields human business, scientific discovery, design, trademark, service sign, and trade name and position, protection of unfair trade practices, and other rights produced from intellectual property in business, science, literature or artistic fields.

In India Intellectual Property has been recognized in various laws such as the Trade Law Marks, 1999, Patent Law, 1970 (as amended in 2005), Copyright Act, 1957, Protection of Plant Varieties and Law Right Farmers, 2001, Design ACT, 2000, Geographical Indications of Goods (Registration and Protection) Act, 1999, and Information Technology Act, 2000.

PATENT

A patent is the right in the form of intellectual property given to the owner to exclude other people from making, using, selling and discovery for 20 years in a published public disclosure benefit. The idea behind patents is to encourage creative and unique discoveries. Intellectual property is a legal field that integrates and includes law, patents, and copyright laws.

There are various criteria for discoveries that must be patented.

The discovery must be unique and one of its types, which also means that every additional in technology today cannot be patented. This new discovery must be valuable for ordinary people and should not include illegal or unethical things. Natural law or scientific principles cannot be patented. Likewise, every new progress in the Ministry of Agriculture and treatment cannot be patented.

Procedure for patent grants

After the application is sent, the request for inspection must be done at the Indian patent office. A report is issued that gives the opportunity to remove all objections. This must be done within six months. After this is done, the patent is given.

Foreigners can also submit a patent in India because India is part of the Paris Convention for Industrial Propection of Industrial Property, 1883 and Patent Cooperation Agreement (PCT), 1970.
 

Patent update.

It is necessary that the patent is updated regularly through the payment of a patent extension cost for 20 years below section 53 of the Indian patent law. This payment is made to the Indian patent office before each year has expired, namely, before the start of next year. No form is needed to be filled for him. For the same thing, the number of patents and dates and patent years is needed.

There is no separate fee that needs to be paid for the additional patent, unless it becomes an independent patent.

In the case of someone requires an extension, it is given for up to 6 months with a payment of penalty fees.

The cost of delay for six-month extensions increases every month after the patent has expired.

Individual owners - Rs.4 80 per month, small entities - Rs.1200 per month, large entities - Rs.2400 per month. In terms of e-filing, more costs - individual owners - rs.528 per month, small entities - rs.1320 per month, large - rs 2640 per month. Patents are forwarded for public use if the update costs are not paid on time.

In the case of non-renewal patents, patents can also submit form 15 in 18 months for patent recovery. Evidence must be attached because it proves that the design is accidentally. This process is relatively time consuming and very expensive

The importance of patents

1) Patent is much more valuable and has more commercial value and profit margins.

2) Patent makes your idea brand, toaster is a higher market share.

3) One can commercialize the patent, because it gives them freedom to be exclusive.

4) Patents or discoveries also save you from theft.

TRADEMARK

Trademarks are one of the main intellectual property rights in India, the other becomes a patent, copyright, and design. The role of trademark registrants is to manage that the rules of trademark law, 1999, ACTS is useful as a resource and information center and is the answer to matters relating to trademarks in the country. According to section 2 (ZB) of the law, the trademark "trademark means a sign that is capable of being used graphically and used to distinguish goods or services from one individual from the others who sell or prove the same service and can include the appearance of goods , wrap and their color combination. Trademarks play an important role in product recognition of certain brands and therefore it is very important to register trademarks for brand protection and to reduce the use of unauthorized brands. Trademarks also help customers to identify the brand products they want and distinguish them from other brands. For classification of goods or services, India follows a well-recognized classification that is widely recognized, which was established by an agreement at a good diplomatic conference in Geneva in 1977. There are 45 classes in a good classification where class and class 35 to 45 is for service. It serves as an important tool to ensure exact properties of goods and services, which are obtained by trademarks.

 

Trademark Registration

 1. Under Section 18 Trademark Law, 1999 The application must be submitted with registrants to get sign registration. Single application can be made for registration in various signs.

2. At registrant satisfaction, it can receive or reject the application for the sign. This is truly or subject to amendments, modifications, conditions or limitations like that, if any, because it might think it matches.

3. After archiving applications below section 18, the clerk requires another 18 months to check the sign below section 19 of the law. Registrar If a mistake is found in a sign then the opportunity is given to correct an error to the applicant.

4. Free sign of error is published in the journal to provide opportunities for other trademark holders to increase concerns for violations and if there is an opposition appointed, unless the opposition cannot be registered.

5. If the above steps are removed, the sign is applied can be registered as a trademark under section 23 of the trademark law.

CONCLUSION

Patent registration and trademark are not mandatory in our country but it is something suggested by lawyers. IPR law when compared to laws such as IPC and the company acting is a fairly new law and still in the development of the stage in India. The registration process for patents and trademarks is mostly online and less complicated, making it a transparent and fast process. Say that there are shortcomings and limits on what can be registered and what cannot be registered, such as no separate law for trade secrets. These limitations are intended by many pioneers in the industry and relevant steps have been taken to make IPR registration more flow and transparent. Because of intellectual property such as trademarks, patents and trade secrets are as important as business growth as land and machinery. Find the Best Trademark Registration Services in Chennai. Rajendra Law Office is one of the Best IP Law Firm in India