IP Laws
- Patent
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Novelty, Inventive Step and Industrial Applicability
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- Trademarks
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Distinctive character of mark. Exclusive rights to use allowed to the honest and bonafide …
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- Industrial Design
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The most important attributes of Design are shape, configuration, ornamentation, surface pattern …
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- Copyright
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Usually originality of the work. Allowing copyright/ reproduction rights to owners of original …
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- Geographical Indication
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Geographical Indication is defined as any hint that identifies a good as originating from a particular place …
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TRADEMARKS
- Kinds of Marks :
- Trade Mark
- Service Mark
- Collective Mark
- Certification Trade Mark
- Trade Mark :
- Word, Logo, Device, Shape of goods, Packaging, Combination of Colours, 3-D Marks.
- Trade Mark Search:
- Public access available to Indian Trademarks Database.
- Availability Search Interface based on 3 different Categories of search:
- a) Word Mark,
- b) Device Mark searches involving "Vienna Code', and
- c) Phonetic
- Modes of Filing :
- 1) Basic Trade Mark Application
- 2) Conventional Trademark Application claiming priority
- Special Requirements for Conventional Application :
- Filing in India - within 6 Months from date of filing of Conventional Application
- Certified copy of priority document -within 2 months from filing.
- Classification and Description of Goods and Services :
- India follows the International Classification of Goods and Services - Nice Agreement.
- In respect of all the International Classifications, one single Multi-Class Application is allowable in India.
- Fees :
- Basic Application Fees (for specification of goods within 500 characters)
- Excess Fees Apply for specification of goods excess to 500 characters.
- Renewal:
- The Registration will remain in force for a period of 10 years and thereafter is renewable from time to time for every 10 years.
The documents required for initial filing
- A copy/ sample of the mark to be applied;
- Details of the specification of goods to be covered
- Details of any user of the mark in India
- Particulars of the applicants including full name, nationality and address;
- Details of any convention priority claims in case of filing within six months from the filing in the home country
- Supporting document required post filing
- A power of attorney – simple signature, no legalization or notarization
- Priority documents, if applicable
