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FAQs of Intellectual Property

 Trademark is a unique symbol, logo, or brand name which differentiates one company from another. Customers can easily recognize your brand with the help of a Trademark for example tick symbol of Nike, the jumping wild cat of the puma, Amul, Nestle, and so on. E-Register Trademark helps you stand out in the competition.

  • Trademarks help customers to differentiate between the products.
  • By registering your Trademarks, you possess legal rights on your Trademark and can sue or get sued in case of any misuse of the same.
  • A Trademark represents the nature of your product, it helps to achieve more customer satisfaction and also increases goodwill.
  • Trademarks are referred to as the intangible asset, so it is useful for selling, franchising your company.
  • The costs for Trademark Registration are minimal and the time taken for the process and renewal is maintainable.
  • It also provides you to use the ® symbol at the end after registering your Trademark to make sure that nobody uses your brand name.
  • It also gives you global recognition of your company.

 Trademarks can be registered easily and it is done under the Trademark act 1999, Trademark Registration process is easy, let’s see how it can be done

  • First of all, you should do a lot of research on Trademarks. You should search on the intellectual property website.
  • Then you must prepare for application by filling up FORM 48 and TM – 1 along with the signature of the applicant and with attaching necessary documents.
  • After the application is submitted, the government will verify your application and if it accepts, they will publish your Trademark in the official gazette of the Trademark journal for 3 to 6 months.
  • Until the license has been issued the company can use TM after its brand name.
  • If your application gets rejected then you can again within 30 days from the date of rejection.
  • If the Trademark is not opposed by any, then the Registry of the Trademark will issue you the license and this license is valid for 10 years.
  • After successfully registering your Trademark you are permitted to use ® after your brand name.
  • The Registry of a Trademark takes about 6 to 24 months to complete the Registration process and issue a Trademark license.

The Trademark Registration Fees is given below

  • The government fees for registering your Trademark is,
  • Rs.9000 for the company’s Trademark Registration.
  • Rs.4500 for individual Trademark Registration.
  • As a Trademark certificate is valid for 10 years it can be renewed by filling out form TR- R and if you fail to renew you can restore it within 1 year by filing TR – R with the Trademark Registry office of India.

For every organization, there must be a graphical representation of any kind in order to recognize that is your company’s brand. That graphical representation is called a trademark. It should be registered in order to safeguard your logo from others. It is valid for 10 years and it can be renewed and restored.
The topic includes.

While renewing your trademark you have a choice of doing some alteration or changes in your trademark or you can renew it as it is. It is not mandatory that the owner of the business should file for renewal even any authorized person on behalf of the organization can do the process, let’s see how it can be done.

  • For any kind of Registration or renewal, the first step is always filing an application form. In order to renew your trademark, one must file from TR – R either online or offline.
  • Gather all the necessary documents required to attach along with your application form such as,
  • Registration certificate copy.
  • Trademark registration application form copy (TM – A).
  • Applicant's identity and address proof.
  • If the renewal process is performed by any authorized person then he should submit power of attorney.
  • Renewing your Trademark comes with the advantage of not letting other businesses use your brand name or logo as it is legally bound and those people are answerable to the court.
  • As the Trademark is valid for 10 years and renewing it every 10 years will help you to retain and increase more customers' confidence in your organization and makes customers easily identify your brand.
  • Trademark is an intangible asset, and having registered your brand name provides you a chance of entering into new agreements and thus helps in the expansion of business.
  • Registering and regularly renewing your Trademark, helps you to protect it from others who want that possession.
  • It also helps in the improvement of goodwill which interests investors, shareholders to invest in your company.
  • You can also avail some of the monetary benefits by just registering and renewing your trademark.
You should start the process of renewing your trademark at least 6 months before it expires. This will give you plenty of time to gather the necessary information and submit your renewal application.
If you don't renew your trademark, it will expire and you will lose the legal protections that come with a registered trademark. This means that other companies may be able to use your trademark without your permission.
In general, you cannot make major changes to your trademark when you renew it. However, if you have made minor changes to your trademark (such as updating the font or color), you can include these changes in your renewal application.
  • Trademark Opposition arises at the time where the proposed trademark is opposed by a third party that can be made by any individual or any company whose Trademark is Registered, with the intention of protecting the misuse of any brand names
  • Opposition for a trademark is made when the registrar accepts the Trademark application and publishes it in the official trademark journal.
  • A Trademark Opposition is made at the time where the proposed Trademark is published or republished in the official gazette of the trademark journal within 4 months from the date of the trademark being published.
  • The opposition can be filed by Trademark form TM – O which should contain trademark registration application number, class of good or service and name of the applicant of Trademark. It should also contain details about the opposing party and grounds of opposition along with prescribed fees.
  • After the opposition notice is filed the same should be sent to the Trademark Applicant. Within the period of 2 months, the applicant must file a counter statement for the same.
  • The opponent party should submit evidence in support of his statement within 2 months in the form of an affidavit, he can even submit the same in writing to the registrar. Failing to do this, the opposition is treated as abandoned.
  • After the evidence is submitted by the opposite party, the applicant should also submit proof for his statement within 2 months. If he fails to submit, the registrar will treat the application as deemed to be abandoned.
  • After both the parties have filed their piece of statements, the registrar will call for a hearing statement of both the parties. After hearing both the parties, the registrar will come up with an accurate judgement.
  • If the judgement is in the favour of the Trademark Applicant, the registrar will continue with the further process of issuing the trademark certificate. If the judgement is in the favour of the opposing party then the trademark application will be cancelled.
  • If the applicant fails to do so, the Trademark application is deemed to be treated as abandoned.
  • If the parties want to pause or adjourn the hearing before 3 days from the date of hearing, it can be made by filing form TM – M with the prescribed fees of Rs 900. It is allowed that maximum of 2 adjourns can be made and it shall not be restricted to not more than 30 days.
  • The fees for applying for opposition for a trademark is Rs 2700 for online filing and Rs 3000 for filing physically.
  • The Trademark Opposition must be filed with the registry where the application for Trademark was made. The Registration office for a Trademark is located in Delhi, Chennai, Ahmedabad, Mumbai and Kolkata.
  1. The opposition of notice.
  2. Notice of counter-statement made for the opposition.
  3. Proof in support of opposition by the opponent party.
  4. Proof in support of the application by the applicant.
  5. Opposition hearing statement.
  6. Adjournment of hearing.
  7. Notice order from the registrar for the opposition.

 Assignment of a Trademark is a transfer or sale of the logo, brand name ownership from the original owner to another owner with or without transfer of goodwill. It is a written document that relates to the transfer of ownership rights according to the Trademark Act, 1999.
The owner who Transfers the title is called an assignor and who receives the tile is called an Assignee.

  • The person who assigns his trademark will be able to encash his brand name.
  • It is beneficial for buyers of Trademark, as it is already established and it has popularity.
  • Assignment of Trademark helps in the expansion of business. These are the benefits included in the Assignment of the Trademark.

In the case of Assignment of a Trademark, there is a change in the ownership of the registered brand and in the case of Transmission, the right of the Trademark remains with the original owner, but there are only certain restricted rights to use the brand.

A trademark assignment is the transfer of ownership of a trademark from one party to another. The transfer can be either partial or complete, and it may involve the transfer of ownership of the entire trademark or only specific rights associated with the trademark.
A trademark assignment is typically completed through a written agreement between the current owner of the trademark (the assignor) and the new owner (the assignee). The agreement should be signed and dated by both parties and should include details about the trademark being assigned, the rights being transferred, and any payment or consideration being exchanged.
There are many reasons why someone might want to assign a trademark, including selling a business, merging with another company, or simply wanting to transfer ownership of the trademark.
The process for assigning a trademark involves drafting an assignment agreement that outlines the terms of the transfer, including the transfer of ownership rights, the payment of any fees or compensation, and any other relevant details. Once the agreement is signed by both parties, it must be filed with the appropriate trademark office.
The timeline for completing a trademark assignment can vary depending on a number of factors, including the complexity of the assignment and the efficiency of the trademark office. Generally, it can take several weeks to several months to complete a trademark assignment.
Copyright registration is the process of officially registering your creative work with the government to obtain legal protection for your original works of authorship.
No, copyright protection exists automatically when you create an original work. However, registration provides additional legal benefits such as the ability to sue for infringement and seek damages.
Copyright registration provides several benefits including legal proof of ownership, the ability to sue for infringement, and the ability to seek statutory damages and attorney's fees.
You can register your copyright by submitting an application to the US Copyright Office either online or by mail. The application will require you to provide information about the work being registered and a copy of the work itself.
Copyright protection lasts for the life of the creator plus 70 years after their death for works created after 1978. For works created before 1978, the term of protection varies.
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