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Trademark including Word Mark and Design (Registration, Objections, Renewal)

A trademark can be defined as the unique identity that makes your product or service stand out from the rest. The unique identity or expression can be a logo, photograph, slogan, word, sound, smell, color combination or graphics. Most of the businesses usually look for registration of logo or name only. If you have come up with a unique idea or logo, then the only way to protect it as your own unique identity is to register it as a trademark. A registered trademark is your business’s intellectual property or intangible asset. It acts as a protective cover of the company’s investment made in the logo or brand.

In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government Of India. You can register the trademark under the act named, The Trademark Act, 1999. The registration provides the right to sue against others who try to copy your trademark. Also, no one else can use a similar trademark to the one registered by another person. Once you register a trademark, you can use an R symbol along with it, and it will be valid till 10 years from the date of registration. You can easily get a ™ within 3 days. But, to get an ®, it takes up to 2 years. In case the trademark registration is nearing expiry date, you can always get it re-registered for another ten years.

Patent (Registration, Objections, Renewal)

A patent gives its owner the right to prevent others from making, using, importing or selling his/her invention without approval. Before such a right is granted, a rigorous check is done on whether the process or product is inventive; or novel hasn't been anticipated in any published document; and industrially applicable (possesses utility). It involves a search of the intellectual property regulator of India’s database, to check whether there exists an object or invention that is the same as or similar to the applicant's invention.

Copyright

By law, copyright is the legal right entitled to creators of literary, dramatics, music, and artistic work and producers of films and recordings. When a proprietor registers for a Copyright, it gives him an exclusive right to reproduce, replicate, and distribute the work. Further, he can grant authority to some other entity for the same purpose. Register for copyright because it makes you communicate to the public, reproduce rights, and adapt & translate the works.

Assignment of Right of IPR

A registered IPR needs to be properly assigned to use by any other person or entity other than the registered entity, using IPR without permission of the owner is a punishable offence because IPR provides exclusive rights to its owner.