Category: Intellectual Property

Design Registration: How to Register a Design in Bangalore India?

Design Registration
Business Intellectual Property Profession PATSON LEGAL

How to Get Registered a Design in India?

A design or blueprint of any products matters to give a good name of a finished item. And it shows what uniqueness and aesthetic appearance within it. This is the great assets of a creator as well as the organization who invented it.

If a person or enterprise is really inventing some designs for its own as well as for public purpose, my recommendation will always be there it should have to go for a design protection. Because it’s your own creation, so no one can misuse and infringe it.

To obtain the registration for a new design, one has to apply it with central offices of IP (intellectual property) department and take the follow up and know the status of application when it is going to get certified.

The process of design registration can be defined as one whereby you register your business design with respect to the Design Act, 2000.

What is a design?

Design is a plan or drawing is produced to show the look and function or working of a product or object before going to made it.

Simply we can say that a design can be an aesthetic aspect or outward appearance which is applied to made a product. It could be 2D like patterns, lines, compositions, colour or 3D like shapes or combination of both 2D & 3D.

In legal terminology a design refers to all principles and modes of construction. It could be anything which is in substance a sort of mechanical device. It also refers to a registered trademark that indicates connection during the course of trade in goods. In this case it enables a person who has the right – as a registered user or a proprietor –to use this particular mark. The term also denotes any trademark that signifies that a particular person has ownership of moveable property.

Example of Design: There are numerous examples you could find on internet about products design assume as from footwear design to spacecraft.

A design is also a trademark that all of the following:

  • Painting
  • Sculpture
  • Drawing
  • Engraving
  • Photograph
  • Work of architecture
  • Work of artistic skill

Who can file design application in India?

A true and first creator or inventor, assignee of the inventor or legal representative can file an application in India.

Why should you register a design?

If as an owner or creator of a design you do not register the same you would be left without any right over the same as such.

If you want to protect your novelty and uniqueness of your design so that no one can copy and use it, for that you should have to apply for design protection in your concerned IP Department. Through this registration it is only possible to protect your product’s design.

See the top 4 reasons for this an inventor should need this:

  1. Product is your asset and can be licensed for it to avoid fraudulent or imitation
  2. To stop others copying your unique design
  3. Right to prevent all others from producing and selling identical appearance of your products
  4. Create a Unique Selling Proposition (USP) for your products

Criteria for design registration

In order to file for a design registration, you need to provide important details such as your name with citizenship and full address.

You also need to provide information on your legal status – whether you are an individual or a company. If you say that you are a startup you need to furnish the certificate that states that you have filed with the government of India. You need to describe the article and identify its class as well as per the necessary norms in this regard. You also need to file a drawing or an image of the article whose design you are registering. In the application you also need to make the claim of novelty. This states the extent to which the article in question could be deemed to be a novel one.

  • Design should be original and new
  • It should not be published in India and any other countries
  • A design should be significantly distinguishable from known designs
  • A finished design article should be appealing and eye judging

What are the documents that are needed to file such a registration?

In order to file such a registration, you need to furnish a number of documents along with your application. You need to provide either certified copies of extracts that you have procured from disclaimers or a certified copy of the original. Apart from that you need affidavits, declarations, and a variety of other public documents that are provided in lieu of fees. The affidavits have to be supplied in the form of photographs. They should also contain declarations of verifiability and truth.

Here check the list of noted documents (requirements for filing a design application)

  • Creator name, nationality and address information
  • Products drawing
  • A certified copy of original invention
  • Photographs of design in different views
  • Power of attorney (declaration from inventor)

What is the process of filing the design registration?

To start with, you need to apply to register the design by filing an application. This needs to be done on a prescribed form that should be accompanied by a definite fee that is prescribed for the process. You also need to provide 4 copies of the design’s representation. You can file the application at the Design Wing of the Indian Patent Office, which has branch offices at the 4 metros of India – Kolkata, Delhi, Mumbai, and Chennai. It is at Kolkata however that the head office is at.

All the applications are normally sent to this office for the purpose of prosecution and processing. The process here is different than what happens with patents. Over here, the moment the application is filed for registration it gets taken up for examination. You do not need to make any separate request in this case. In case objections are raised you would be notified of the same in due process and time. After that you would have to correct the issues and resubmit your application at the Patent Office again. You need to complete this process within 6 months of the original date of application.

If all the issues that were raised in the examination report are corrected the application would be accepted. Once this happens the Patent Office would issue the registration certificate and after that it would be published in the journal of the office. In case you have not amended the issues you would be given a personal hearing. It is after the completion of the hearing that a decision regarding accepting your application would be taken by the controller.

How long is this design registration applicable?

The design registration is applicable for a period of 10 years starting from the date that it was registered. You can extend it for 5 years by applying for an extension and providing the necessary fee.

Conclusion

Design is another intellectual property (IP) [such as Trademark, Copyright and Patent] of an organization or true inventor. Why should you left away for others to use? Make your right for own creation.

If you want to know how to apply for design registration and get design registration in Bangalore you should get in touch with a design registration consultant in Bangalore.

How to Get Copyright Registration in Bangalore India?

Copyright Registration
Business Intellectual Property Profession PATSON LEGAL

An Overview of Copyright Registration in India

Copyright is a right that the law gives to its owner. These people are normally ones who create literary, musical, dramatic, and artistic works or produce sound recordings and films. Copyright for unique or noble work can be defined in fact as a group of rights whereby you, the owner, are able to reproduce, communicate to public, adapt, and translate a work for example.

Depending on the kind of work that it is there could be a bit of change in the way the rights are composed. When you have copyright, you have a few minimum rights that act as safeguards over the work that you have created and copyrighted.

This is how this particular law protects creativity and thereby encourages it as well. Creativity is the basis of growth and this means that no educated society can ignore the need to encourage it. It is a fundamental requirement.

In fact, the extents of societal and financial development of a society are dependent on originality as well. Copyright is something that creates an environment that is ideally conducive to creativity as such. This in turn acts as motivation for others as well.

What is copyright registration?

The process of copyright registration can be described as the one that you follow in order to register the copyright of a certain work in your name with the appropriate authorities. In India it is given as per the Copyright Act 1957.

Why a creator should register his/her works under copyright law?

Getting copyright is not mandatory as such but it is always advisable to do so. This is because it provides you a certain set of rights over your work and a certain degree of protection as well. Having copyright ensures that for a certain period of time no one would be able to copy your work as such. When you are satisfied thus you would always feel the urge to create more such work.

What are the benefits of copyright registration?

In India a copyright stays for 60 years. This means that in this period no one else would be able to imitate, reproduce, or copy your copyrighted work in any way, shape, or form.

There are many reasons for an owner to get copyright over its original creation, some of them are included here:

  • The law provides exclusive right to the owner for protection of work
  • Owner has the right to perform or display the unique work publicly
  • Copyright holder can produce, use and reproduce copyrighted article (literary or artistic materials) and sell the work with copyright protection
  • It enables copyright owner to take action on infringement of his/her own original work
  • The creator has exclusive right to protect the copyrighted things form being misused by the competitors and other third parties
  • The copyrighted property can be franchised or contracted to certain time period on creator’s wish
  • To get economical help, the copyright holder can sell or lease his/her copyrighted items to selected parties whilst retaining the moral rights and legal ownership of original work

Which works are protected by copyright?

There are six main categories of works that are protected by the copyright laws in India. They may be enumerated as follows:

  • Part 1 – Literary works with the exception of computer programs
  • Part 2 –Musical works
  • Part 3 – Artistic works
  • Part 4 – Cinematography related works
  • Part 5 – Sound recordings
  • Part 6 – Computer programmes, compilations, and tables

Requirements for filing a copyright

Following particulars are needed in order to file a copyright:

  • Name, address, and nationality of the person who is filing the copyright in case she or he is not the author or creator
  • Your name, address, and nationality
  • Nature of your interest in the copyright – licensee or owner
  • Title of the work
  • A signed declaration from you
  • Language of your work
  • Status of publication
  • If it is a published work country and year of first publication as well as name, nationality, and address of publisher
  • If it is a published work years and countries of subsequent publication
  • In case any other person has been authorized to license or assign the rights in the copyright her or his name, nationality, and address
  • Power of attorney in case it is a firm
  • Three soft copies and six hard copies of the work
  • If it is a computer programme 3 copies of the same on a CD (compact disc) ROM (read only memory)

What is the process for registering copyright in India?

To get the copyright registration certificate in Bangalore India you’ve to follow the following process:

  1. Preparing details for application
  2. Make a copyright application to Registrar
  3. Receiving a diary number from Registrar
  4. Wait 30 days to get objection for application/ if objection isn’t raised, the application would be go for scrutinizing process
  5. The examiner informed to both parties and arranges a hearing date
  6. Grant registration for copyright
  7. Extraction of registration sent to Registrar

The process of registering copyright starts with you sending an application to the registrar along with the fees necessary in this regard. Keep in mind that the application should include all the necessary particulars as well as the statement of the same. If you are applying for a number of works you would have to make a separate application for each. You can get latest information on the fees at the official website of the department that handles such work. It normally tends to vary with respect to the work.

You need to sign all the applications and so has to your lawyer whom you have given the POA (power of attorney) in this case. After receiving your application, the registrar would provide a diary number. The mandatory waiting period in this case is 30 days during which the office would be waiting for objections to be made to your copyright application. If there is no objection made to your application in this period it would be checked by the scrutinizer. The main intention here would be to find out if there is any discrepancy. After that the registration would be done and an extract of the same would be sent to the registrar.

This would be done so that it could be entered at the Register of Copyright. In case there is any objection made within said period of 30 days the examiner would inform both you and the entity who has objected to your application via a letter. Both of you would be given a hearing. Once the hearing is done the application would be scrutinized by the examiner officer.

And by following this, the application would either be accepted or rejected. You would be informed at all stages so that you stay in the loop.

Get help & support on copyright

You may be worried as to how to do copyright registration or get your copyright registration certificate in Bangalore. In that case you need not worry because copyright registration in Bangalore has become a lot easier than what it was earlier.

These days, there are several companies that are offering some great services in this particular regard in the capital city of Karnataka. They know exactly how the work needs to be done and they have plenty of experience in such work as well. This means that you can always trust them with such work. If you need our help in this regards, we’ll be happy to serve you for your business.

Patent Registration in Bangalore: Requirements, Process & Benefits

Patent Registration in Bangalore
Business Intellectual Property PATSON LEGAL

Know Overall About How to Get a Patent in India

You need to know how to patent an invention in Bangalore India; before you decide to go ahead with the step as such. With the help of patent registration consultant, you would be able to get patent over an intellectual property. It could be done by individuals as well as firms or organizations. The Indian government has come up with the IP (Intellectual Property) department in order to provide you the complete right to get your invention registered under patent.

However, in order to happen that your invention or creation has to be a unique one for sure. In return for that you – the inventor – have to show all the proof as asked by the government.

Patents have also been defined as a kind of exclusive right that the government grants you.

What is patent registration?

Simply, patent registration means applying your new, unique, useful and helpful invention to patent department and obtaining the registration certificate for that.

The process of patent registration means that you get greater preference over other entities when it comes to your invention. It is always important, in this context to get in touch with a patent consultant in Bangalore and get your work done by professional providers of patent registration services in Bangalore. In India the grant of patents is governed by a couple of acts namely Patent Rules, 1972 and Patent Act, 1970. You need to know however that a patent is not a matter of lifetime.

The invention in question could be anything. It could be the process, method or art to manufacture any of the following or more:

  • Apparatus
  • Machine
  • Computer software
  • Technical application
  • Chemicals
  • Drugs

These days, in all the major cities of India you would find the companies, they are willing to provide you this kinds of services in regards to patent, copyright and trademarks for the sake of protecting others invention, creation, design, brand and logo.

Why should an inventor register a patent?

There are several reasons to register a patent. The first reason is that why you do it, because you would get royalty by licensing your patent. At least in India you would be protected for a period of 2 decades. After that too you can use the patent for yourself. Thanks to your patent that you would also be able to stop others from using invention without getting permission for doing the same from you.

A patent can protect the following:

  1. Protects the intellectual property right
  2. Protects from unauthorized access of your invention
  3. Prohibit others from making, using and selling of products without inventor’s permission
  4. Action can be taken to unauthorized users under Patent Law & Act,

Who can apply for a patent?

As has been said already, anyone can apply for a patent. Means the true and first inventor has the right to apply a patent, it could be an individual, legal representative or a firm as well.

What are the criteria for filing a patent?

In order to file a patent, it has to be a unique one, it has to be an inventive or non-obvious step, and it should have industrial applications as well. At least some part of your patent has to be a new development. It should not have been published in India or anywhere else for that matter before the date on which you filed your patent application. The invention should be regarded by experts as a surprising or unexpected development in the field where it is applicable.

What are the advantages and benefits of a patent?

As has been said already, with a patent you would be able to protect your innovation. This way, you would also have the right to transfer or sell your patent right. The patent is normally valid for 20 years. With the help of the IP right that you get with the patent you would be able to save your invention and also stop others from using it without taking permission from you for the same. When you have patent right you can franchise or sell it as and how you wish to.

Here’s see the benefits of patent:

  • It consider as a super valuable asset
  • Increases the value and image of products over time
  • Increases value of your business
  • Helps to raise funds for business
  • You may give permission of your patent license to other parties to get extra financial help
  • Creates a great relationship with customer
  • Builds a good brand of your products
  • It is a great tool of marketing
  • Helps to make more trustworthy and etc.

Patent registration process

Before applying for your invention or creation on patent, you need to understand and clear about the below things, which are most important to obtain a patent for products or services.

See the aspect for filing process of patent application:

  1. Figure out the invention and find how is it beneficial & unique one
  2. Prepared symbol, drawing and pattern of invention
  3. Consult with a patent attorney whether the invention is patentable subject or not
  4. Make a public patent search on novelty of invention
  5. Decide whether to go ahead with patent filing
  6. Draft a patent application
  7. Filing of patent application
  8. Publication of patent application
  9. Request for examination
  10. Respond to patent examination report
  11. Reply to patent opposition
  12. Issue or grant of patent

Take a look at the picture and you’ll get a clear idea about the workflow of patent registration process.

Patent Filing Process
Patent Application Process

What are the steps for registering a patent?

In the first step of this process you would have to fill up the application form. These days, there are plenty of companies out there that are providing these services. All you need to do in this case is to fill up these forms along with some basic and relevant information. This information would be helpful when the patent registration application is filed.

In the second step you have to look for the patent search. Once your service provider has got the documents from your end it will do a patentability search on your behalf. This normally takes 1 working day.

In the third step the application is prepared on your behalf. This is done on the basis of the documents as well as the basic information provided by you. This normally takes around 3 working days.

After that comes to submission of patent. At this stage a final review is done before filing the patent. Once the review is completed, it has to be submitted to the respective patent office along with the supportive documents and it takes around 2 working days.

After submission of patent application, you will receive the acknowledgement via email.

After these stages, it goes for certain approval such as publication of patent, request for examination, issuance of the examination report, hearing with the controller, and grant of the patent.

What are the documents needed to apply for a patent?

You need to provide 6 forms along with your patent application.

In Form-1 you have to provide a duplicate copy of the patent grant application.

In Form-2 you need to provide a duplicate of provisional or complete specification. This should also include descriptions, claims, drawings if necessary, and abstract.

You have to provide a duplicate copy of statement and undertaking in Form-3.

In Form-26 you need to provide power of attorney in case you have assigned an agent. In this case the original copies of the document have to be attached.

In Form-5 you have to offer a duplicate copy of the declaration of inventor-ship. However, this is only applicable where the applicant and the inventor are not the same.

Form-28 needs to be provided in case you happen to be a small entity. Apart from this, you also need to provide a certified true copy of your priority document. This is applicable for cases where you have claimed priority. You also need to pay the necessary statutory fees in cheques or demand drafts (DDs).

Patent term and renewal

It would last only for a period of 20 years and after that it would be there in the public domain. If you’re maintaining and improving the quality of your product’s design invention, can apply for renewal.

How to Obtain Trademark Registration for Brands in Bangalore?

Trademark Registration
Business Intellectual Property PATSON LEGAL

How to Register a Trademark in Bangalore India

When you have a brand it is very important that you create a proper identity for yourself. This is after all something that would help you separate yourself from others of your ilk and be a unique one in the truest sense of the word.

It is this unique identity that will help you to create a need for your offerings among your intended audience and clients. This is what would make you successful in the end. An important part of your brand identity would be your trademark. It is basically your trademark that would help you to be identified from your competitors.

To acquire a trademark for your unique brand name and logo, you need to prepare an application, file it to the concerned Trade Marks Department with the original supportive documents through the legal Attorney and he/she will take care of your brand name registration.

If it is your own originality in brand and uniqueness from others trade name, you can get the registration certificate within a short time.

What is trademark registration?

The process of trademark registration can be defined as one whereby you can legally make sure that the following items – any or all – that you use for your business cannot be used by others:

  • Words
  • Logo
  • Numerals
  • Slogans
  • Devices

As the owner of the trademark only you have the legal right to use any of the above-mentioned items for the purpose of promotion of your business.

Why trademark is important for your business?

Trademark provides a great opportunity to the marketplace and helps user identify your brand easily. Customers can recognize their favorite brand products or services that are registered with the identifiable symbol or mark.

Trademark serve as symbol of hope, trust and reliability that people believe:

  • Registered trademark protect your brand rights
  • Develops an intrinsic value
  • Create good reputation for your business
  • Your product or services become successful
  • Increases security of your business brand
  • Trademark distinguish you from your competitors
  • Make stand out in the market

What are the benefits of trademark registration?

When you get your trademark registered you are basically protecting your brand. You are making sure that its reputation stays safe. This way, you protect your ideas as well.

There is nothing to deny in the ultra-competitive world of business today you need to make sure that all these aspects of your business, for which you have invested so much in terms of blood, sweat, and tears, stays yours only and cannot be appropriated by anyone else.

Having a trademark also makes sure that you stay protected legally because the trademark registration process in India is such that you cannot take anyone else’s trademark and no one else can take yours. The process may be a time consuming one but let that not bother you.

If anyone is making piracy to your brand, you can take action on them through legal process.

Documents required for trademark registration in Bangalore

For new trademark application

  • Words/phrases/text of trademark name
  • Logo or symbol of trademark design in JPEG image format
  • Authorization to trademark agent in TM-48 Form for filing, prosecuting application to trademark register and communication purpose

For using brand name application

  • Business invoices
  • Tax paid receipt
  • Advertisement cutting

Trademark registration process in Bangalore

In this day and age if you are running a business in Bangalore or any other part of India; it is very important that you know how to apply for trademark registration for Bangalore.

  1. The first step of this process requires you to look up a brand name that is as unique as possible.
  2. After that you need to get application ready.
  3. After this you need to fill in application to register your brand name.
  4. Once this is done the authorities will go through your application. If your application is accepted the brand name would be published in the Trademark Journal.
  5. In case any third party opposed this, you have to respond that with proper evidence.
  6. If this part is successfully completed as well you would be issued the trademark registration certificate for your brand.

How to apply for the trademark registration?

There are major two parts to this process –

  1. Preparing the application and
  2. Then filing the same with the appropriate authorities;

During the preparation of trademark application, you’ve to provide applicant’s details, products or services or name and logo details according to that the Class will be selected, organizations details and preparation of certain forms.

While filing the application, in this step of the way you would need to submit certain documents such as your business registration proof, a soft copy of your trademark, proof of your claim that the trademark can be used in another country as well, and a power of attorney signed by yourself – the applicant.

There are two ways in which you can file for the registration. You can go for e-filing or manual filing.

In case you decide to do it manually you would need to physically visit the office of the Trademark Registrar. After that you would need to wait for a minimum of 15 to 20 days in order to receive the acknowledgement receipt.

However, if you decide to e-file you would get the acknowledgement receipt almost immediately. Then you would also have the right to use the TM (trademark) symbol beside your selected trademark. In these cases, you need to fill up the SPICe Form to get the approval of name and pay a charge of INR 1000 for that.

After the application of trademark registration, the below cases may or may not be arise during the process. If it is raised, you have to provide the supportive documents with proven evidences that you are using that brand; it is unique and created by you only.

So these 5 things could possibly occur at the time of trademark registration:

  1. Examination to trademark application
  2. Show cause hearing
  3. Advertise for Journal publication
  4. A wait for opposition
  5. Receiving registration certificate

What is trademark objection or examination?

There are two occasions on which your trademark could be objected to. The first is when the Trademark Registrar is reviewing your application. If the registrar objects to your trademark at the application review stage you have to right to appear before him and deal with the issues with your trademark.

In case the officer happens to be satisfied with your explanations and justifications he would allow it to be published in the Trademark Journal.

This is the second stage where there can be an objection to your trademark. However, this objection has to be made within 90 days of the publication after which the trademark would be deemed passed.

What is trademark hearing?

This process happens when the trademark is objected to by a third party in the 90-day period of its publication in the journal. This hearing is conducted by the Trademark Hearing Officer. Both you – the defendant – and the accuser have the right to be present at this hearing. Over here both of you would provide your sides of the story after which the trademark application would either be accepted or rejected.

When is the trademark published in the journal?

As has been said already, the trademark is reviewed by the trademark registrar after which it is published in the trademarks journal. This happens to be a weekly publication and it contains all the accepted trademarks. The main aim of this publication is to inform the public regarding all the trademarks so that if they feel that any trademark registration will cause loss or damage to them they are able to launch their oppositions regarding the same. If there is no opposition within a 90-day period it would be registered within the span of 12 weeks.

How trademark registration certificate is provided to owner?

If there is no further objection or opposition of any sort to a trademark the authorities will prepare the trademark registration certificate and trademark manuscript. They will be then sent to the authorities in question for the trademark to be registered.

After the certificate has been issued, the trademark in question would be registered in your name and you would have the sole right to use the same. You would also be able to use the registered symbol – R in a circle – right next to your trademark or logo.

These days there are plenty of service providers that can help you to get done your trademark registration in Bangalore. So, you need not have to any worries in regard to this matter. If you need our help, please feel free to contact us on this regard. We are here for assisting to complete the application and handover to you.

How much time will it take to register a trademark in India?

As you know trademark is a part of Central Government’s authority of Intellectual Property; so it is a lengthy process and takes time to get registered your brand and logo in trademark department, India.

Usually, a TAN (Trademark Application Number) will be issued to you immediately and it will send to you within 2 to 3 days of filing an application for trademark registration through your Agent or Attorney. And if everything is ok from your side, means no objection, hearing and opposition then you will be getting the registration certificate around 7 months of application.

Because we have that much of experience and also applied for many of our clients and got it; so we are sharing this.

If any objection and next opposition is raised, it is difficult to say at what time you could receive your certificate.

How to check a trademark status?

To check the status of a trademark application and its update information, one should have to visit the IPINDIA website and follow the steps to track the process:

  1. Go to this page http://ipindiaonline.gov.in/eregister/eregister.aspx and click on Trade Mark Application/ Registered Mark from left panel and then select National/IRDI Number radio button.
  2. Enter Application Number, verify captcha and click on View After that you will get a list of link having application number, brand name and status.
  3. Click on application no. link, it will display you the position of your trade name.