All About Intellectual Property Rights in India – Trademark Registration
Intellectual property rights are completely different from the other rights. It is not like a property or normal civil rights. It is related to human creativity. Intellectual property is bringing us to the economical, industrial and cultural developments in our country.
As the time passed, intellectual property rights came into priority one and make the people awareness. It is popularly known as IPR. It provides an exclusive right on the creativity of people. The inventor or creator of the inventive concept or name or logo has the legal right over his or her property for certain limited period. It can be classified into two major types. That is industrial property and copyrights. Industrial rights are patent, design, trademarks and Geographical indications. Copyrights are the legal rights of individual artistic or creative works. In this article we are going to describe about the intellectual property rights in detail.
Trademark is a one of the Intellectual property and provides brand uniqueness. It also creates the goodwill of your products among the public. It will provide you the better protection from the third party usage. For registering your trademark, you have to choose your unique brand name. Creative brand name will leads to a quick registration process. The unique brand name will bring you an easy registration processes i.e., you can reduce the chance to get objection and opposition processes. Trademark Search and Trademark application filing is a quite simple step. You can get guidance through registered Trademark Attorney for name choosing and Trademark application filing. After that, you have to face huge and huge crises if you got objection and Opposition. After crossing the objection and opposition proceedings you can be eligible for Trademark registration. The Trademark registration certificate will be provided after completing all the above processes. The objection is given by the Registrar of Trademarks. For clearing this objection, you have to stand before the Registrar and submit all supporting documents and evidence. If the Registrar satisfies the evidence which is provided by you, he will move the application into next level of process. If you fail, he just drops the application and showing the status as refused. It is called Trademark Objection hearing. Once, you go through the objection successfully, your trademark application is published in the Official Journal of Trademark Registry to the third party vision. If your brand name is similar to the already registered trademark, both word mark or phonetically similar, the proprietor of register trademark will gives an opposition notice. The opposition notice will be given with the help of Trademark attorney. For clearing the opposition you have to appear in front of the juristic person of Trademark attorney and submit the evidence for using your brand name such as since used date documents, bank accounts, electricity Board bill, etc. if the juristic person satisfies your document, he will move your application into next level of process. If he not satisfied, your trademark application will abandon. The main thing in Trademark registration process is selecting your brand name as unique one. It will reduce the risk of getting opposition and objection processes and it will also bring you a cost effective trademark registration. Once you register a trademark, it has 10 years validity from the date of application filing. After that, you have to renew it. If suppose you may not renew, it will remove from the Register of Trademarks.
Copyright is a another type of intellectual property, protects your artistic works like Audio visual works, Audio works, sound recordings, musical works, Dramatic works, visual works, video games and software programs and the written works. It is not similar to the Trademarks but it can be copyright a trademark, brand name and logo. Also, copyright is completely different from the patent rights which relates to the invention. It is depends upon Copyright Act, 1957. The Copyrights provides you a protection to the published and unpublished works. It may be literacy, scientific and artistic works. It is related to the exclusive right to do or authorize to do certain acts in relation to original artistic creations, cinematographic films, sound recording, software program etc. As soon as the work is created it comes into existence and hence protects both the skill and labour that is employed by the creator in producing his work. Copyright is related to the exclusive right to do or authorize to do certain acts in relation to original works such as artistic creations, cinematographic films, sound recordings, software program etc. When the work is created, it comes into existence and it must be protects both the skill and labour that is employed by the creator in producing his work. The idea in mind of the author is not able to copyright. But the idea in the form of notebook or a drawing or any other form it can be copyright. Unauthorized use and reproduction of copyright works is a punishable offence which leads to copyright infringement. Copyright is the best way of protecting your brand name or trademark or logo. A copyrighted work has 20 years validity. It is not a trademark registration. It will provide protection for your trademark registration processes.
Patent is an exclusive right which is given for your invention. Patent rights are not like other rights. It is restricted to the person or group or area which it concerned. The unseen invention of any field recognized as a patent by the Government if the patentee appeals to patent registration. The invention may be any form based on the field which it is concerned. It may possess certain patentability criteria such as new, inventive step, novel, useful and patentable. The inventions which are completely inventive from the already existing one. The claim, abstracts and theories of every patent does not covered under patent. It will help the people to solve the problem as technical manner. Patent is fulfilled after getting the patent grant certificate. It is hand written certificate provided by the Government to the inventor for a certain period of time and certain territorial jurisdiction. If you have many products under the same concept of making, the one patent wills enough to do that. Why because, it is based on the same inventive concept.
Design is a right which is given to your product appearance. It may be a shape, configuration, pattern, ornament, or composition of colors and which is may be a two dimensional or three dimensional or both the forms. The customers of the products are solely judging the products by the eyes. So, it the only thing the designs get this much of commercial utility. Whether there are two or more organizations are providing the same goods with different brands, the design will be the only thing which stays the products identity. In design registration, only the looks of the products is protected not the concepts and underlying technology. The designs which are new, different from already existing products in the market, must be registered. The rules and regulations which are given by the TRIPS Agreement. As compared to other rights, this design rights has more and more commercial usage and creates brand identity among the people.
The geographical indication is the right which deserves the agricultural, natural or manufactured goods of certain origin of the territorial jurisdiction. The geographical indications identify certain territorial jurisdiction products. It must be qualified for registration if it comes from certain area and must contain some special characteristics, qualities which suits for that climatic conditions. For example, Agra petha, Assam tea, Erode turmeric. The goods like natural, manufactured, agricultural products of that territories. The characteristics of the goods are really attributable and suitable characteristics, reputation, and quality for certain territories climatic conditions. The geographical indications are work under the Geographical indications Act, 1999. The Geographical indications registry is located at Chennai and which came into existence on September 15 2003.
At finally, Intellectual property rights are amazing thing to protect the innovative and creative concept of every individual. It plays a vital role in public awareness and which obviously reduces the cause of confusion among the people. It also very much beneficial to the entrepreneur who wants to stay their brand identity. For Trademark registration in Cochin, kindly visit our site and make a call. Thanks for reading!!!!