Intellectual property (IP) is a legal field that refers to creations of the mind such as musical, literary, and artistic works; inventions; and symbols, names, images, and designs used in commerce, including copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one of these abstract properties has certain exclusive rights to the creative work, commercial symbol, or invention by which it is covered.
Trademark Services: Process of filing a Trade Mark Application in India and Grant of Trademark Registration Certificate involves the following steps as detailed in the flow chart herein below:
Flow Chart: Trademark Attorney Jobs
Filing of Application: The first step in getting a trademark registration is the filing of Trade Mark Application in Form 1, with the logo or word mark (as may be applicable), along with the applicants' particulars, including his address (incase of a firm, the registered address of the firm). Please note that the duly notarized Power of attorney, although a mandatory requirement, can be filed at a later date.
Objections raised: The next step is to meet with the objections raised in the examination report by the Registrar before he grants the orders for publication in the Trade Mark Journal. We shall need additional evidence at the time of examination of the mark and prior to its publication in the Trade Mark Journal to prove distinctiveness of the mark.
The following documents/information may be required to prove distinctiveness
» The extent of advertisement with a few sample copies of advertising material and brochures;
» The quantum of usage with a few invoices and the last gross annual sale of the goods under the Trade name;
» The extent of use of the mark in respect of time and area;
» A brief write-up on the importance attached to the trade mark in particular;
» The class of costumers and their standard of intelligence and education;
» The date of commencement of the use of the mark;
» If the trade mark has been registered in several countries and the law of Trademark is similar to that of India, certified copies of the registration of the marks in such countries may also be provided to us.
(Note: Examination report is sent to the attorney in about 45 days from the filing of the mark)
Post advertisement: After the advertisement of the Mark in the Journal, it is open for the general public to file their objections to the grant of such trademark registration services. The time provided under law for filing the objection by general public is three months from the date of publication in the journal.
(Note: This process is the most time taking and at times may take more than a year, considering the present back log at the Trade Mark office in India, however we shall endeavor to speed up the process)
Incase of no objection is raised by public: If no objection is raised by the general public, the Registrar may thereafter pass an order for registration of the Trade Mark and shall provide a certificate of registration of the mark.
(Note: Assuming there is no objection, then the above 3 processes may take about 1 year and 6 months from the date of filing of the mark)
Incase objections are raised by public: If there is an objection raised by general public, then one is required to file the reply to the objection and thereafter adduce evidence with respect to the mark and finally argue the matter in support of his case.
(Note: Assuming that there is an objection raised by general public for the grant of registration for the mark as enumerated in point 5 above, then the entire process till grant of certificate shall take 2-3 years)
As regards the Power of attorney is concerned, we have to file duly notarized/counsalrasied Power of Attorney.
Information required for filing of Trade marks in India
1.10 Copies of Logo or copy in JPG format. (incase Logo is required to be registered).
2. Name of the applicant.
3. Address of the applicant.
4. Specification of good(s)/service(s).
5. Usage in India (if any usage).
6. Power of Attorney.
ENFORCEMENT OF INTELLECTUAL PROPERTY: Our services also include the enforcement team, which boasts of a considerable experience in all kinds of intellectual property enforcement in a broads spectrum consisting of diversified products and services. Vast experience coupled with understanding of counterfeiting in various industries be it FMCG, pharmaceuticals, entertainment, software, hardware etc. is perhaps what makes the firm's enforcement services unique. Members of the enforcement team in addition to of having an in-depth knowledge of the functioning of enforcement agencies such as CBI, Police Forces of States, have built a good rapport with such agencies.
Enforcement team has the capability and experience of successfully conducting simultaneous multiple actions pertaining to infringement of intellectual rights in different reasons of the country. The firm through its enforcement team offers its clients an answer to the problems of piracy/infringement by way of liaisons and coordination with leading private as well as state controlled investigation houses.
Patent Services: We offer patent searching and analysis services at various levels. The services are provided by experienced patent agents specially trained in performing patent searches on free and paid databases and having education background and domain experience in the client's specific area of technology. Their patent search services include:
* Novelty Search
* Freedom to operate search
* Litigation search
* Technology Landscaping These outsourcing service pro
viders also offer high quality patent filing, drafting and prosecution services. They have experienced teams of patent agents having Ph.D., Masters and Engineering degrees to deliver such services.
Copyright Services: These outsourcing service providers also offer copyright and trademark registration services, which include searching, filing, prosecution, responding to reports, appearance before trademark office and acquiring registration certificate. They provide all related services such as trademark watch, opposition, maintenance and so on.
These service providers service their respective clients in a more cost efficient manner. From a service quality standpoint, they ensure protection of intellectual property and minimize the likelihood of litigation. From a cost perspective, they minimize not only the dollar costs incurred by the attorneys to whom they deliver their services, but also the time incurred by the attorneys and their clients. In doing so, they support the clients in growing their patent prosecution practices and maximizing the profits realized from their Intellectual Property.
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