Trademark Registration

Trademarks Management PVT LTD is an organization incorporated under the Companies Act,1956 to provide, maintain, educate, render services through electronic mode and by means of publications providing information in the field of trademark, Patent, Copyrights in India and abroad and also render consultancy and advisory services to the commercial establishments for the promotion and management of trademark and other Intellectual property rights in India and abroad.

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Our Office address

Trademarks Management
No. 38 Adithanar Salai
Chennai-600002
Phone: 044-28586153 Phone: 044-9283135468
happytrademarks@gmail.com
Office Hours : 10 AM - 7 PM

Concept Of Property

The concept of property has been changed from time to time in the world history. When human beings were nomadic, only movables were recognized as property. There afterwards, immovable property, particularly land, became a major form of property when agriculture became a major occupation. Due to industrialization, non-physical objects also came to be recognized as property. And latest addition to this concept is that of � Intellectual property�. Thus the concept of property has been changed in recent years by recognizing the Intellectual property also.

Intellectual Capitalism

Now-a-days �capital � is no longer in banks but in minds due to the emergence of a new concept of �Intellectual Capitalism�. The return on Intellectual capital is considerable and not measurable by any standard in this contemporary age of Information Technology. The Intellectual capital requires protection from piracy and imitation.

Kinds of Intellectual Property

The following are the various kind of intellectual property:

• Patents
• Designs
• Copyrights
• Trademarks (including service mark)
• Confidential information and technical know-how
• Trade Secret
• Integrated Circuits
• Geographical Indication

A trademark is much like that of a human being because the life of a trademark may be correlated to the life of a human being. Every human being is to be named immediately after birth in this earth and on the same line every product is to be identified with a trademark. Hence there is need to nurture trademarks like human beings.

Trademark is a major asset of any company. Hence ‘ trademarks management ‘ in an enterprise comprises two aspects:

1. Trademark Policy
2. Trademark Protection

Trademark policy is a marketing function. Normally the marketing personnel of an organization will take care of this trademark policy letter known as ‘ Brand Management ‘.

Trademark protection is a legal function .In small enterprises one of the tasks of the legal department is to assure the protection of company’s trademarks. In large enterprises there is need to create a specific department known as ‘ Trademarks department’ which will look after the ‘ Trademarks Management ‘.

Since trademark protection is a legal function, the trade marks department best assure its role when it is integrated in the legal function of an organization.

The principal duty of the Trademarks Department is to protect and administer the trademark of the company i.e. by getting registration under the relevant laws of a particular country, the country of registration, the list and classes of goods and the services covered , renewals, action against the infringes and dishonest users and so on.

The trademarks department has an additional task in advising the marketing personnel in the choice of new trademarks, their protect ability and their availability, and also in the legal aspects of trademark policy.

The Trademarks Department may also be entrusted with the task to managing the licensing of trademarks, drafting license agreements and permitted user agreement for use of trademarks and also to look after other areas of Intellectual Property such as Patents, Designs, Copyrights and technical know how.

Functions of the trade marks department for proper trademarks department for proper trademark management.

1. Advise the marketing department with regard to the choice of a new trademark.
2. Legal clearance of a new trade mark by conducting searches in the Trademarks Registry and also in the market places with regard to the availability of identical or similar marks in respect of similar goods and services.
3. Submit trademark applications and advise the company to go for registration in a country where the goods are to be exported or sold.
4. Since there is globalization of industry and trade, it is better to seek International protection of the trademarks and other Intellectual Property.
5. Advise the company for proper use of trademarks after obtaining registration in order to avoid the attack on the registered trademarks on the ground of non-use by business competitors.
6. Initiate legal action against the infringes by filing civil suits or criminal complaint against the infringes and dishonest traders.
7. To conduct search and raid the premises when the infringed or spurious goods are being manufactured or marketed with the help of local police personnel after lodging criminal complaint.
8. To maintain individual files for each and every trademark of the company for easy reference.
9. It is better to computerize the Trademarks Department by creating a software for this kind of ‘ Trademarks Management ‘.

If the creation of trademark department is not economical one of trademark department is not economical one for any type of organization, then it is better to entrust this task to a Trademark Attorney who should be properly instructed to maintain all particulars and papers with regard to trademarks either on retainer or work-to-work basis.

A trademark popularly known as brand name, is a visual symbol in the form of a word or a device or a label applied to the commercial goods or service to enable the consumer public to identify one trader�s goods from similar goods of other traders.

Under the Trade and Merchandise Marks Act, 1958 registration of �service mark� is not possible but under the new Trade Marks Act ,1999 registration of �service mark� can be done. Such �service mark� can be used as a trade mark but applied to services rather than goods i.e. Banking, Communication, Education, Financing, Insurance, Chit Funds, Real Estate, Transport, Storage material treatment, Processing, Supply of electrical or other energy, Boarding and Lodging, Entertainment, Amusement, Construction, Repair, Conveying of news or Information or Information and Advertising.

What is a trademark?

A trademark popularly known as brand name, is a visual symbol in the form of a word or a device or a label applied to the commercial goods or service to enable the consumer public to identify one trader’s goods from similar goods of other traders.

What is a service mark?

Under the Trade and Merchandise Marks Act , 1958 registration of ‘service mark’ is not possible but under the new Trade Marks Act ,1999 registration of ‘service mark’ can be done. Such ‘service mark ‘ can be used as a trade mark but applied to services rather than goods i.e. Banking , Communication ,Education ,Financing ,Insurance ,Chit Funds, Real Estate , Transport , Storage material treatment , Processing , Supply of electrical or other energy , Boarding and Lodging , Entertainment , Amusement , Construction ,Repair , Conveying of news or Information or Information and Advertising.

Whether registration of Trade Mark is compulsory under the Act?

How to acquire a right of property in a trade mark?

A person may acquire a right of property in a trade mark in the following modes:

a) By use of the mark in relation to particular goods ;or

b) By registration under the Act; or

c) By assignment or transmission of the right from another person

How to file an application for registration ?

1. Registration of a trade mark may be done by filing an application in the prescribed from in FORM TM-1 along with the 10 additional representations (with the prescribed fee) in any one of the five offices of the Trade Marks Registry located at Mumbai (Head Office ) , Chennai , Delhi ,Calcutta and Ahmedabad (Branches ) depending on the jurisdiction where the applicant resides or carries on business.
2. Application number will be allotted to each and every application by Head Registry at Mumbai and this number shall not be mistaken as if the application is accepted or registered .After registration only , it will be called as Registered Number.

How many years will it take for registration of a Trade Mark?

At present it takes two years an average from the date of application .It may be reduced in future due to computerization of the Trade Marks Registry.

Is it necessary to get professional help for registration ?

As registration of trade mark is a specialized area , it may be necessary to employ the services of a trade mark Agent or Attorney .However this is not compulsory.

Whether ‘ user’ is very important in trade mark?

Yes . A trade mark must be used in relation to the goods for which the registration is sought or obtained .If it is not used but merely renewed from time to time , then it will be possible that a mark may be removed on the ground of ‘ non-user’ on a petition filed by any ‘aggrieved person’

Is it possible to file trade mark application on the ground of ‘ proposed to be used ‘ ?

Yes . But the application should have bonafide intention to use the mark at the time of filing the application and further the applicant can claim rights from the date to filing such application.

Is it possible to get registration of a trade mark without any intention to use?

No. It is well established rule of law that to get a trade mark registered without any intention to use it in relation to any goods or services but merely to make money out of it by selling to others the right to use, it would be ” trafficking in trade marks ” .

What is the advantage of ‘prior user ‘ of a trade mark ?

‘Prior user’ of a trade mark is in better position rather than the registered proprietor of a mark. Hence the rule of law is -” priority in adoption and use prevails over priority in registration ” .

Whether the proprietor of an unregistered trade mark can initiate legal action?

Yes. The proprietor of an unregistered mark may bring legal action against the subsequent user by filing a civil suit for ‘ passing off ‘ action on the basis of ‘ prior user ‘. Further he can lodge criminal complaint also under the provisions of the Trademarks Act.

What about the Renewal of a Registered Trade Mark?

A registered trade mark should be renewed for every ten years under the present Act . The period of said ten years will be calculated from the date of filing the application

Will any rights be conferred upon the applicant on mere filing of trade mark application ?

No Mere filing of trade mark application will not confer any rights on the applicant. Proprietary rights over a trade mark can be claimed only by continuous use of the mark.

Whether advertisement is sufficient to establish the ‘User ‘ of a trade mark ?

The advertisement of a mark in any periodical or magazine or in electronic media may be regarded as evidence to establish the ‘prior user’ of a trade mark.

Is it advisable to file trade mark applications in all the 34 classes for a simple mark but used in a particular type of goods?

Normally it is not advisable to file trade mark applications in all the 34 classes,m when you are using the trade mark for particular type of goods on;ly in a specific class.As it is rightly observed by the Supreme Court of India in a case Vishnudas -Vs- Vazir Sultan Tobacco Co Ltd , reported in AIR 1996 SC 2275

i) “����..if a trader or manufacturer actually trades in or manufactures only one or some of the articles coming under a broad classification and such trader or manufacturer has no bonafide intention to trade in or manufacture other goods or articles which also fall under the said broad classification, such trader or manufacturer should not be permitted to enjoy monopoly in respect of all the articles which may come under such broad classifications and by that process preclude the other traders or manufacturers to get registration of separate distinct goods which may also be grouped under the broad classification.

ii) If registration has been given generally in respect of all the articles coming under the broad classifications and if it is established that the trader or manufacturer who such registration had not intended to use any other article except the articles being used by such trader or manufacturer, the registration of such trader is liable to be rectified by limiting the ambit of registration and confining such registration to the specific article or articles which really concern the traders or manufacturer enjoying the registration made in his favour.

iii) In our view ,if rectification in such circumstances is not allowed, the trader or manufacturer by virtue of earlier registration will be permitted to enjoy the mischief of trafficking in trade mark ��”

Therefore with such observation made by the Apex Court , it is crystal clear that a trader or manufacturer cannot be permitted to enjoy monopoly in all the goods mentioned in all the classes in the Fourth Schedule under the Trade Marks Rules ,1959.Under New Trade Marks Act ,1999 a ” well known trade mark ” seems to have been exempted from the said Rule of law laid down by the Apex Court.

What are the different stages involved for obtaining registration of a trade mark?

a) EXAMINATION STAGE :

Application will be examined by the examiner of trade Marks at Mumbai Registry. Examination report will be communicated to each Applicant or Agent or Attorney by quoting objections , if any , for acceptance of the application.

b) ENQUIRY STAGE :

After receipt of Examination Report , a personal hearing may be requested by the applicant in order to overlook the objections by producing documentary evidences during the hearing .Thereafter order will be passed in the application by the registrar.

c) ADVERTISEMENT STAGE :

If the application is found to be acceptable ,then it will be advertised in the Trade Mark Journal (official Gazette of the Trade Marks Registry ) to invite opposition ,if any , from the public within the prescribed period of three months

d) OPPOSITION STAGE: If any).

This stage will arise only in cases when an opposition is filed against the registration of a particular trade mark .If there is no opposition ,then the mark will be registered.

A trademark is much like that of a human being because the life of a trademark may be correlated to the life of a human being. Every human being is to be named immediately after birth in this earth and on the same line every product is to be identified with a trademark. Hence there is need to nurture trademarks like human beings.

Trademark is a major asset of any company. Hence ‘ trademarks management ‘ in an enterprise comprises two aspects:

1. Trademark Policy
2. Trademark Protection

Trademark policy is a marketing function. Normally the marketing personnel of an organization will take care of this trademark policy letter known as ‘ Brand Management ‘.

Trademark protection is a legal function .In small enterprises one of the tasks of the legal department is to assure the protection of company’s trademarks. In large enterprises there is need to create a specific department known as ‘ Trademarks department’ which will look after the ‘ Trademarks Management ‘.

Since trademark protection is a legal function, the trade marks department best assure its role when it is integrated in the legal function of an organization.

The principal duty of the Trademarks Department is to protect and administer the trademark of the company i.e. by getting registration under the relevant laws of a particular country, the country of registration, the list and classes of goods and the services covered , renewals, action against the infringes and dishonest users and so on.

The trademarks department has an additional task in advising the marketing personnel in the choice of new trademarks, their protect ability and their availability, and also in the legal aspects of trademark policy.

The Trademarks Department may also be entrusted with the task to managing the licensing of trademarks, drafting license agreements and permitted user agreement for use of trademarks and also to look after other areas of Intellectual Property such as Patents, Designs, Copyrights and technical know how.

Functions of the trade marks department for proper trademarks department for proper trademark management.

1. Advise the marketing department with regard to the choice of a new trademark.
2. Legal clearance of a new trade mark by conducting searches in the Trademarks Registry and also in the market places with regard to the availability of identical or similar marks in respect of similar goods and services.
3. Submit trademark applications and advise the company to go for registration in a country where the goods are to be exported or sold.
4. Since there is globalization of industry and trade, it is better to seek International protection of the trademarks and other Intellectual Property.
5. Advise the company for proper use of trademarks after obtaining registration in order to avoid the attack on the registered trademarks on the ground of non-use by business competitors.
6. Initiate legal action against the infringes by filing civil suits or criminal complaint against the infringes and dishonest traders.
7. To conduct search and raid the premises when the infringed or spurious goods are being manufactured or marketed with the help of local police personnel after lodging criminal complaint.
8. To maintain individual files for each and every trademark of the company for easy reference.
9. It is better to computerize the Trademarks Department by creating a software for this kind of ‘ Trademarks Management ‘.

If the creation of trademark department is not economical one of trademark department is not economical one for any type of organization, then it is better to entrust this task to a Trademark Attorney who should be properly instructed to maintain all particulars and papers with regard to trademarks either on retainer or work-to-work basis.

1. Name of the Trading style or Firm name Company name.
2. Name of the proprietor or the name of the partners .
3. Address of the Business Place.
4. 20 Labels of your trade mark logo in visiting card size or lettering style or device .
5. Specification of goods to which the mark is applicable .
6. Date of the first use of your trade mark ,if the mark is already in use . Otherwise application may be filed as ‘proposed to be used ‘.
   1.This you can verify from your first invoice .
   2.If the product is medicinal preparation ,then you can verify from the Drug Endorsement made for the particular product in your drug license.
7. Authorization Form on Form TM-48 in stamp paper and then to be signed by the authorised signatory incase if the applicant wants to engage the services of a Trademark Attorney.
8. If it is a Private Ltd Company or a Public Limited Company , please furnish the Memorandum and Articles of Association

THE FOURTH SCHEDULE TO TRADE MARKS RULES, 2002

Classification of goods and services � Name of the classes

(Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes).

Class 1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry

Class 2 . Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists

Class 3 . Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices

Class 4 . Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks

Class 5 . Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides

Class 6. Common metals and their alloys; metal building materials;

transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores

Class 7 . Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs

Class 8 . Hand tools and implements (hand-operated); cutlery; side arms; razors

Class 9 . Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus

Class 10 . Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials

Class 11 . Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes

Class 12 . Vehicles; apparatus for locomotion by land, air or water

Class 13 . Firearms; ammunition and projectiles; explosives; fire works

Class 14 . Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments

Class 15. Musical instruments

Class 16 . Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks

Class 17 . Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal

Class 18 . Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery

Class 19 . Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

Class 20 . Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics

Class 21 . Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes

Class 22 . Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials

Class 23 . Yarns and threads, for textile use

Class 24 . Textiles and textile goods, not included in other classes; bed and table covers.

Class 25 . Clothing, footwear, headgear

Class 26 . Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

Class 27 . Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)

Class 28 . Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees

Class 29 . Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats

Class 30 . Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice

Class 31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

Class 32 . Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

Class 33 .Alcoholic beverages(except beers)

Class 34 . Tobacco, smokers’ articles, matches

SERVICES

Class 35 .Advertising, business management, business administration, office functions.

Class 36 .Insurance, financial affairs; monetary affairs; real estate affairs.

Class 37 . Building construction; repair; installation services.

Class 38. Telecommunications.

Class 39. Transport; packaging and storage of goods; travel arrangement.

Class 40. Treatment of materials.

Class 41. Education; providing of training; entertainment; sporting and cultural activities.

Class 42. Providing of food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services, legal services, scientific and industrial research; computer programming; services that cannot be classified in other classes.

Major changes that have taken place in the Trade Marks Act, 1999 (in force since 15th Sept. 2003) which has replaced the earlier Trade & Merchandise Marks Act, 1958 (now repealed) includes the following:

a) It has enlarged the definition of trade mark. It now includes shape of goods, packaging and combination of colours which can adopted as a trade mark.

b) The Act provides for registration of trade mark for services in addition to goods

c) It provides for a single Register of Trade Marks with simplified procedures for registration.

d) The Act has simplified the procedure for registration of registered user (licensing of registered trade mark)

e) Provides for registration of collective marks owned by association of persons.

f) Provides for establishment of an Intellectual Property Appellate Board for speedy disposal of appeal from Registrar orders and decision

g) Transferred the final authority for registration of certification of trade marks to the Registrar.

h) Provides for enhanced punishment for the offences relating to trade marks on par with the Copyright Act, 1957 to prevent the sale of spurious goods.

i) Prohibits use of some one else�s trade marks as part of corporate names or name of business concern.

j) Provides for filing of a single application for goods or services falling in more than one class (multi class filing)

k) Increased the period of registration and renewal from 7 yrs to10 yrs

l) Has made some trade mark offences cognizable

m) The Act has amplified the powers of the court to grant ex parte injunction in certain cases

n) There are other related amendments to simplify and streamline the administration of the trade marks law and procedures in the country.

TradeMark Registration Mumbai Registry, (Head Office)

Intellectual Property Bhavan, Near Antop Hill Head Post Office,

S.M. Road , Antop Hill, Mumbai 400037

Tel: 022-2410 1144, 24101177, 24148251, 24112211

Fax: 24120808, 24132295

TradeMark Registration Delhi Registry

Intellectual Property Bhavan, Plot NO.32, Section 14, Dwarka, Delhi

Tel. 011-28082915/ 16/17 Fax:

Jurisdiction: State of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Union Territory of Delhi and Chandigarh

TradeMark Registration Kolkata Registry,

CP-2, Sector V, 5^th floor, I.P.Bhavan, Salt Lake,

Kolkata-700091

(Telfax. 033-23677311

Jurisdiction: State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim , Tripura and Union Territory of Nagaland, Andamar & Nicobar Island.

TradeMark Registration Ahmedabad Registry,

15/27 National Chambers, 1^st floor,

Ashram road,

Ahmedabad-380 009.

Tel: 079-26580567

Jurisdiction: The state of Gujarat and Rajasthan and Union Territory of Damman, Diu, Dadra and Nagar Haveli

TradeMark Registration Chennai Registry,

IP building, GST Road, Guindy

Chennai-600032

Tele: 044-22502041, Fax : 044-22502042

Jurisdiction: The state of Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and Union Territory of Pondicherry and Lakshadweep Island.

The definition has been widened to include the ‘color combination’ and ‘shape of goods’.

Service mark

The new definition of ‘service mark’ has been included for the benefit of service-oriented establishments such as Banking, Communication, Education, Finance, Insurance, Chit funds, Real Estates, Transport, Storage material treatment, Processing, Supply of electrical or other energy, Boarding, lodging, Entertainment, Amusement, Construction, Repair, Conveying of news or information and advertising .

Collective mark

The new definition of ‘ Collective mark ‘ has been provided for the benefit of members of an association of persons (but not partnership) and such inclusion of ‘ Collective mark ‘ will benefit the traditional Indian family trademarks.

Well known trademark

The new definition for ‘well known trademark ‘ has been provided for the benefit of a trademark being used by the substantial segment of the public.

Appellate Board

The ‘ Appellate Board ‘ has to be constituted under the new Act for the benefit of persons aggrieved by an order or decision of the Registrar and an application to cancel registration may also be made to the ‘ Appellate Board.

Renewal

The renewal of registration of a trademark should be made for every ten years instead of seven years under the present Act.

Civil suits

Civil suits can be instituted by any aggrieved person before a district court within by aggrieved person before a district court within the local limits of whose jurisdiction such aggrieved person actually and voluntarily resides or carries on business or personally works for gain. This new provision would bring the trademark law in line with the provisions for jurisdiction contained in the copyrights Act ,1957.

A patent is a monopoly right granted by the government to a person who invented or manufacture an article according to the invented process for a limited period. After the expiry of the duration of patent ,anybody can make use of the invention. Any person being the inventor of an invention or his assignee can apply alone or jointly with any other person. As per the Indian Patents Act ,1970 invention means any new or useful art, process method ,apparatus or machine.

A Partnership firm , a private or a public limited Company or a Corporation can apply for a patent. But they cannot invent and therefore cannot be termed as ‘inventor’ .Therefore only Individuals could be termed as ‘Inventor’.

The Patent Office Kolkata,

Intellectual Property Office Building,
CP-2 Sector V, Salt Lake City,Kolkata-700091,
Phone : 23671945, 1946, 1987, FAX-033-2367-1988,
Email:- kolkata-patent@nic.in

The Patent Office Chennai,

Intellectual Property Office Building,G.S.T. Road,
Guindy, Chennai-600032,
Phone: 044-22502081- 84, FAX: 044-22502066,
Email: chennai-patent@nic.in

The Patent Office New Delhi,

Intellectual Property Office Building,
Plot No. 32, Sector 14,
Dwarka, New Delhi-110075
Phone : 011-28034304, 28034305, 28034306
FAX:011-28034301, 28034302
Email: delhi-patent@nic.in

Patent Office Mumbai

Boudhik Sampada Bhawan, S.M.Road,
Near Antop Hill Post Office, Antop Hill, MumbaiI – 400 037.
Phone : 24137701, 24141026, 24150381, 24148165, 24171457
FAX : 24130387
EMAIL: mumbai-patent@nic.in

A trademark is much like that of a human being because the life of a trademark may be correlated to the life of a human being. Every human being is to be named immediately after birth in this earth and on the same line every product is to be identified with a trademark. Hence there is need to nurture trademarks like human beings.

1. Process patent or patent for ‘invention’:

A patent is granted for an ‘ invention’ which means any new and useful ‘art, process ,method or manner of manufacture’. You are entitled to file patent application for an invented article or process for manufacturing if the process is considered as ‘invention’ .Then only your manufacturing process is patenable .A patent is a monopoly right from the government conferred on the grantee for a limited period an exclusive right to make , use or sell his invention and also authorize others to do so. It will be operative in the whole of India under the Patent Act ,1970.

2. Term of patent:

The term of patent will be 5 years for food, drug , or medicine cases from its sealing date of 7 years from the date of patent whichever is shorter , in respect of any other inventions the period will be 14 years from the date of patent. After the said years it will become public juris i.e. becomes public.

3. Who can apply for a patent:

i) Any person being the inventor of an invention or his assignee can apply alone or jointly with any other person.
ii) A Firm or Company or a Corporation cannot apply as an inventor because such corporate bodies cannot invent and therefore cannot be termed as inventor .The employees or associates (one or two persons jointly ) can be recognized as inventor.
iii) But you have to name the inventors but your corporation will be the owner of the patent. For example in many companies there is Research and Development Wing by employing a team of technicians for researching and they invent a process either single or jointly .In such case the company or corporation may apply for the patent and patent right stands in the name of the company. But the name of the inventors should be brought on the patent documents.

4. Requirements of filing patent:

Furnish the following :
(i) Name of the Inventors
ii) Name of the Applicant -whether it is a Corporation or Company constituted under which act.
iii) Address of the Applicant
iv) Title of the Invention
v) Provisional or Complete Specification of patent
vi) Drawings if any

5. Contents of Provisional or Complete Specification:

This specification should contain objects , statement of claims , drawings if any .The complete specification shall contain the following paragraphs.
i) Introductory paragraph of the invention
ii) Statement of prior art or process if known to the applicant and the drawbacks of such present state of art or process.
iii) Objects of the invention
iv) Statement of claim
v) Details of invention (paragraph wise) with reference to the diagram and drawings, if any.

6. Drawings:

Drawings should be in triplicate and the original shall be on tracing cloth or transport or semitransparent sheet or films made of plastics measuring 33 x 20.5 CM or 41 CM with a clear margin of 1.5 CM width all around. Duplicate and triplicate can be Xerox copies. In the Top Left Corner the title of the invention should be mentioned .Diagrams should be clearly numbered such as Fig-1,Fig-2 etc.In the Right bottom applicant’s name should be signed within bracket the name should be mentioned in BLOCK LETTERS.

7. Stages of patent Application:

i) Filing of Patent Application:
ii) Examination and acceptance of patent application
iii) Advertisement in the Official Patent Gazette and opposition proceedings ,if any (within 4 months from the date of advertisement)
iv) Sealing of patent (the whole process will complete within the period of 4 to 5 years) .

1.Copyright is a legal term describing rights given to creators for their creative works such as-

A. Literary, dramatic, musical and artistic works.
B. Cinematograph film and
C. Sound recordings.

2.The term “literary work” includes computer software and programmes. Copyright is a kind of intellectual property. The important of such right has been increased in recent times due to the rapid technology developments in the field of printing, music, communication,
entertainment and computer based information technology.

3.The object of copyright law is to encourage authors, computers, artists and designers to claim exclusive rights for a limited period to exploit the work for monetary gain. Copyrights in India are governed under the Copyright Act,1957.Registration is not compulsory under the Act. Copyright subsists as soon as work is created.

What is Copyright?

Copyright is a legal term describing rights given to creators for their creative works-literary,artistic,musical,cinematograph film and sound recording.

What is covered by copyright?

The kinds of works covered by copyright include: literary works such as novels,poems,plays,reference works,newspapers and computer programmes,databases,films,musical compostions and choreography;artistic works such as paintings,drawings,photographs and sculpture,architecture and advertisements,maps,industrial and engineering drawings.

What is the object of copyright law?

The object of copyright law is to encourage authors,composers,artists and designers to create original works to claim exclusive rights for a period to exploit the work for monetary gain.

How to exploit the copyright?

The economic and commercial exploitation of copyright may be done by licensing such exclusive right to entrepreneurs like publishers, film producers and record manufacturers for a monetaryt consideration. People who economically exploit the copyright are greater beneficiaries of the copyright law than the creator’s of works of copyright.

Is copyright applicable to Ideas?

There is no copyright in ideas. Copyright subsists only in the material form in which ideas are expressed. It is not infringement of copyright to adopt the ideas of another.

Who is the author of a work?

* In the case of literary or dramatic work the author of the work is the person who creates the work.
* In case of musical work the a