In today’s dynamic world, a number of people are starting their own businesses and a various number of factors can affect their businesses. One such factor that requires attention by entrepreneurs is Intellectual Property (IP). Intellectual property refers to the property that includes intangible creations of the human mind. IP contains Trademarks, Copyrights, and Patents.
Intellectual Property (IP) consists of two parts:
- Industrial Property– This involves trademarks, patents, industrial designs, and geographical indications.
- Copyright– This gives an exclusive right to literary works films, music, artistic works, and architectural design.
What does a trademark mean?
A trademark is a unique symbol, word(s), design, expression or sign which is capable of distinguishing the goods or services of one enterprise from those of other enterprises. Intellectual property rights protect the trademark registration. When the owner uses and promotes trademark effectively, it becomes one of the most valuable and important assets of an enterprise. There are several benefits of trademarks Registration. The right owner of a trademark may take legal action against trademark infringement. In order to avoid the opposition of the Trademark, the applicant should do Trademark Search effectively.
Must read: About Indian Trademark Application Status
What rights does trademark registration provide to enterprises?
A trademark registration will provide an exclusive right to the use of the registered trademark. This states that the trademark owner can solely use, or licensed to another party for use in return for payment. Registering a trademark provide legal certainty and reinforces the position of the right-holder. For example in case of litigation.
Must Read: Trademark Infringement
Term of a Trademark
The term of trademark registration can vary from country to country, but it is usually 10 years. On payment of additional fees, trademark holders can renew the trademark for unlimited times. Trademark renewal should be undertaken before the expiry of the time period of the trademark.
What kinds of trademarks are registrable?
Types of trademarks are various and all are registrable.
- Any mark is registrable as a trademark if the party can represent it graphically and can distinguish the goods or services of one party from those of another.
- A word or a combination of words, numerals, and letters are registrable as a trademark.
- Trademarks may also take the form of symbols, drawings, three-dimensional figures such as the shape of goods, non-visible signs such as sounds or fragrances. The iconic ringtone of the I-phone is a classic example and much more.
Read more: Trademark guide
Who may register trademarks?
A party may register a trademark who claims to be the owner of a trademark for goods and services after the Trademark Search. Trademark registration in India may be applied by a party with the trademark office. The eligibility for the trademark registration India are :
- Indian Company
- An Individual (Person)
- Proprietorship Firm
- Joint Owners
- Partnership Firm
- Limited Liability Partnership
- Foreign Company
- Trust or Society
However, if the principal place of business is outside India, the applicant should file the trademark application with the trademark office in the respective countries. For trademark registration in various countries like Canada, Dubai, Japan, USA, and many more countries. You can log into our website- Trademark Cart.
What are the basic documents for trademark registration?
The basic documents required for trademark registration are:
- The name, address, and nationality of the applicant is necessary.
- If the applicant of trademark registration is a partnership firm, the names of all the partners are also important. Also, mention the name of the minor partner if any.
- If the applicant is a company, then the country or state of incorporation.
- A detailed list of goods and services for which registration is required.
- If the mark is in another language than English, a translation of those words into English is required.
- Also, a soft copy of the trademark to be registered is required.
- A Power of attorney simply signed by the applicant (no legalization or notarization is required).
- For Indian applicants, power of attorney to be executed in Rs. 100 stamp paper and signed by the applicant is required. However, the power of attorney is not required at the time of filing the application and can be submitted later with no additional cost.
What is copyright?
Copyright is a form of Intellectual Property which gives legal right to the originator of literary work. It provides legal protection to original work which is in a tangible form, whether published or non-published. The rights that creators have over their literary and artistic works are as Copyrights. No other person can copy the copyrighted work without permission or without paying the required fees.
What can copyright protect?
Works that copyright commonly protects includes:
- Original literary works such as novels, poems, plays, reference works, newspaper articles.
- Computer programs, and databases.
- Films, choreography and musical compositions.
- Artistic works such as paintings, drawings, photographs, sketches, and sculptures.
- Architecture modelling.
- Advertisements, maps, and technical drawings.
Copyright protection limits only to expressions, and not to ideas, methods, and procedures of operation or mathematical concepts.
What rights does copyright provide?
There are two types of rights under copyright:
- Economic rights: These rights allow the owner to derive financial rewards from the use of their works by others.
- Moral rights: These rights protect the non-economic interests of the author.
Most of the laws governing Copyright states that the owner has the economic right to authorize or prevent certain uses in relation to work. In some cases, to receive a financial reward for the use of their work. The owner of a copyrighted work can prohibit or authorize:
- Reproduction of his/her work in various forms, such as printed publication or sound recording.
- Its performance in public- such as in a play or musical work.
- Recording, for instance- in the form of compact discs or DVDs.
- It’s broadcasting by radio, cable or satellite.
- Translation into other languages.
- Its adaptation- for example, a novel into a film screenplay.
How to register a copyright?
Copyright protection comes into possession automatically in most of the countries, without the need for registration or other formalities.
Most countries have a system to allow for the voluntary registration of works. This system of Voluntary registration helps in solving disputes over ownership or creation. As well as facilitating financial transactions and transfer of rights over Copyrights.
What is a patent?
- A patent is a form of Intellectual Property which provides an exclusive right for an invention, which is a product.
- A process that provides in general, a unique way of doing something or gives a new and different technical solution to a problem. In order to get a patent, technical information about the invention must be available to the public in a patent application.
What kind of protection does a patent offer?
- In general, the owner of the patent has the exclusive right to prevent or stop others from commercially exploiting the patented invention.
- In other words, protection of patent means that the patented invention cannot be commercially made, used, distributed, imported or sold by others without the consent of the patent’s owner.
Is a patent valid in every country?
- Patents are territorial rights.
- Generally, the exclusive rights to patents are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.
For how long a Patent is valid?
- The protection to patent is provided for a specific period of time.
- From the filing date of the application, it is valid for 20 years in most of the countries.
Entrepreneurs should obtain and promote Intellectual property i.e, Trademarks, Patents, and Copyrights effectively to achieve a greater place in the dynamic business world. Organizations should acquire Trademarks, Patents, and Copyrights as per their business activities. Artists obtain Copyright to protect original works of art, entrepreneurs obtain Trademarks to protect brand names and to distinguish goods from others, and Patents protect inventions.
If you are also looking for registering your Trademark, Patent or Copyright, one can visit our website Trademark Cart and our experienced experts will provide you with all the details of Trademarks, Patents, and Copyrights of your concern.
In order to give your business a competitive and greater Trademarks Patents and Copyrights and place in the dynamic business world, give us a call at +91 8750008585.