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Using the appropriate mechanisms, it is possible to protect intellectual property in India.
India has a lengthy history of respecting and protecting intellectual property rights, and this is demonstrated by its membership in international treaties and conventions on the subject.
The current Indian government also has an active stance on copyright protection, with policies that are designed to support both local creators and foreign investors.
Some of these policies include: – The establishment of a National IPR Policy, which was formally approved by the Union Cabinet in October 2017 – A series of amendments to the Copyright Act, which were passed in November 2017 – The Cyber Crime Law Amendment Bill, which was passed in December 2018
1. What is a Trademark?
A trademark is any word, phrase, symbol, or design that identifies your company and distinguishes you in the marketplace. It will also help customers know who you are!
The word trademark can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.
A trademark:
Identifies the source of your goods or services
Provides legal protection for your brand
Helps to build awareness
One of the common misconceptions about trademarking is that one actually has ownership over a word or phrase and can prevent others from using it. However, you only have rights to how that word/phrase is used in conjunction with you.
For example, let’s say you use a logo as a trademark for your small woodworking business to identify and distinguish your goods or services from others in the woodworking field. This doesn’t mean you can stop others from using a similar logo for non-woodworking related goods or services.
Another popular misconception is simply choosing a trademark that merely describes what you do. A creative and unique trademark will be more effective and easier to protect.
2. Types of Trademarks in India
The Trademarks Act, 1999, allows you to register for various types of trademarks such as word marks, service marks, collective marks, certification marks & even series marks. You can also use logos/symbols ?.
- Word Marks
Word Signs are the most common types of trademarks that are registered in India. These refer to any signs that are used to identify products and services which come from a trading company or a service-providing company. If the name of your business is only wording (text-only, contains exclusively text) then it will be registered as a wordmark.
https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
Example of wordmark
- Service Marks
Trademark Marks represent a company’s or business’ service. They show what other services are available in the marketplace and can be filed under any of the trademark classes from 35-45.
Example of Servicemark
- Logos and Symbols
A logo is a graphical representation of a company, product or service. It does not have letters, words or numbers. For logos that are trademarked as wordmarks as well as device marks, the registration needs to be done for both word and device marks.
You can register both these things in one single form from India
Example for Logos and Symbols
- Shape of Goods
The shapes of packages, other than a logo or label, are another way to characterize a specific product.
Example of the shape of a good trademark
- Series Marks
Service marks are trademarks that share a common syllable, prefix, or suffix. They are distinguished only by aspects of the product they represent (ex. price, quality, or size).
- Collective Trademarks
Destined for businesses, organizations, or groups rather than products/services, these trademarks are owned by an organization and are handed out to members. They can be used to identify the association & group as one.
They are “Badges of origin” which indicates the specific source of the individual, his/her products and services.
Example of collective trademark
- Certification Mark
It’s important that the public is aware of the company’s quality standards, and this is what a certifying mark does. It allows them to know if a product has met an extra standard of theirs.
Certification marks identify goods and services as “Standard.”
Example of Certification trademark
- Geographical Indicators
A geographical indication is usually used to indicate the origin of products and the special qualities they possess due to this. With that in mind, there are many advantages to choosing a geographically specific trademark for your small business.
GI’s are granted by the GI Registry and are given to products that originate from a specific region. They can be applied to natural, agricultural, manufactured or handicraft items.
Example of Geographical Indiacation
3. How to File for a Trademark in India
A trademark is a sign, symbol, or device legally registered or established by use as representing a company’s goods in commerce.
In order to register a trademark, “the applicant must satisfy the Trademark Office that he/she has the right to use the mark.” Generally, this is done through an application form and certificate of registration. However, there are some restrictions for the registration of trademarks in India that are worth noting before filing.
If your trademark includes any word/s you cannot register it because some words have been reserved for government use. You can only register trademarks if they include numbers, letters, symbols and three-dimensional shapes with no words.
4. How to Register a Trademark in India
The trademark registration process in India is similar to most other countries. India has a system of trademark registration that is overseen by the Department of Industrial Policy and Promotion (DIPP). This department also oversees industrial design rights and patents.
The first step in the trademark registration process is to verify that your mark does not conflict with any other marks or brands registered by third parties. If there are no conflicts, then it will be published for opposition purposes for 30 days. If there are no oppositions, then it will go through a series of examination steps where it will be deemed as registrable or not registrable.
https://ipindia.gov.in/form-and-fees-tm.htm
5. What is the Difference Between Trade Name and Trade Marks?
Trade name and trademarks are two different terms that refer to the same thing. A trade name is a term used in most jurisdictions. Trademarks are more common in countries such as Canada.
Trade names are usually arbitrary words or phrases, whereas a Trademark is often a logo or symbol.
The sole purpose of a trading name is to identify the goods that you sell, whereas, with a trademark, you may be able to stop your competitors from using your trademark if it’s distinctive enough.
6. Why Should You Protect Your Intellectual Property?
The idea of intellectual property is a little nebulous. Intellectual property can be anything from an idea to a drawing or painting, to a song, to a movie or TV show. Here’s some information on why you should protect your intellectual property and how.
The main reason that you should protect your IP is that it is your creation and it is important for you to keep the rights to what you create so that nobody else can take credit for it. You also want to prevent other people from making money off of something that belongs to you.
There are many ways that people protect their intellectual property so they can make sure they are protected. One way would be copyrighted as soon as possible after creating something, which protects the originality of the work and makes sure nobody else will replicate it without
7. Tips for Choosing the Right Sign for Your Business/Brand
Signs can be used to promote your brand, advertise your business, and guide customers to your location.
1. Get all the necessary information about what you would like written on your sign. It is important to know how many words you want to use as well as the font size and colour of the sign.
2. Consider any other graphic elements that you may want to be included on the sign, such as graphics or illustrations.
3. Write down a list of professional sign companies in your area that are known for their quality work.
4. Once you have narrowed down your options, contact these companies (either in person or over the phone) and see which one will work with you best based on price point and timeframe for project completion.
8. Conclusion: Why You Should Invest In Your Own IP Protection Services Now!
The authenticity of content is quickly deteriorating as a result of the use of the intellectual property. This trend will continue to grow in the future, and businesses cannot afford to be caught without protection.
IP protection services are an excellent way for businesses to ensure that they are not infringing on someone else’s work and taking advantage of their ideas. It is vital that businesses invest in this type of service so they can be confident that they have a stronghold on their own intellectual property.
