Intellectual Property refers to the legal rights that are granted to individuals or businesses for their creations or inventions. These rights include patents, trademarks, copyrights, and trade secrets. Patents protect new inventions and give the inventor exclusive rights to their creation for a limited period of time. Trademarks, on the other hand, protect unique logos, names, or symbols that identify a particular brand or product. Copyrights safeguard original works of authorship such as books, music, or artwork. Lastly, trade secrets encompass confidential information that provides a competitive advantage to a business, such as manufacturing processes or customer lists. Intellectual Property is crucial in fostering innovation and creativity by incentivizng individuals and businesses to invest in research and development. It ensures that the creators are rewarded for their efforts and encourages further innovation in various industries.
Intellectual Property
Trade Marks
Trademark Search
Trademark Application ™
Trademark Registration ®
Trademark Renewal
Trademark Objection
Copy Right ©
Copy Right Search
Copy Right Application
Copy Right Objection
Patent
Patent Search
Patent Application Permanent/ Permanent
Patent Objection
Types of intellectual property rights (IPRs):
There are seven types of Intellectual Property Rights Recognized under Indian Laws, which are:
Patents: Patents are exclusive rights granted to inventors for a limited period of time (20 years from the date of filing) for novel, inventive step or it must be non-obvious and capable of industrial applications. The Indian Patent Act, of 1970 governs the registration and protection of patents in India.
Trademarks: Trademarks are symbols, logos, names, or phrases used to distinguish and identify the goods or services of one person or company from those of others. Trademarks can be registered under the Trade Marks Act, of 1999 and are valid for a period of 10 years, renewable indefinitely.
Copyrights: Copyrights protect original literary, artistic, musical, or dramatic works, including books, paintings, sculptures, music, films, and software. Copyrights give the owner exclusive rights to reproduce, distribute, and perform the work for a limited period of time (usually the lifetime of the creator plus 60 years). The Copyright Act, of 1957 governs the registration and protection of copyrights in India.
Designs: Designs refer to the aesthetic features of a product, such as its shape, pattern, or colour. Designs can be registered under the Designs Act, 2000 and are valid for a period of 15 years from the date of registration.
Geographical indications: Geographical indications (GIs) are signs or symbols that identify goods as originating from a specific geographic location, such as Darjeeling tea or Banarasi silk. GIs are protected under the Geographical Indications of Goods (Registration and Protection) Act, of 1999.
Trade secrets: Trade secrets refer to confidential information that gives a company a competitive advantage, such as formulas, processes, or methods. Trade secrets are protected under the common law and the Information Technology Act, of 2000.
Plant varieties: Plant varieties are new or distinct varieties of plants that are developed through breeding or genetic engineering. Plant varieties can be registered under the Protection of Plant Varieties and Farmers’ Rights Act, of 2001.
Trade Marks
Definition: Section 2(zb) of The Trade Marks Act, 1999 defines trademark as:
"A mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours."
A trade mark is a unique symbol, design, or word that distinguishes a particular product or service from others in the marketplace. It serves as a form of intellectual property protection for businesses, granting them exclusive rights to use and profit from their distinctive marks. Trade marks can be registered with the relevant authorities to provide legal protection against unauthorized use or infringement. By having a registered trade mark, businesses can establish brand awareness and reputation, which can lead to increased consumer trust and loyalty. Additionally, trade marks allow consumers to easily identify and differentiate between products and services, ensuring that they are purchasing from a trusted and recognized source. Therefore, trade marks play a crucial role in promoting fair competition and maintaining the integrity of the marketplace.
Procedure and Duration of Registration:
Chapter 3 of The Trade Marks Act, 1999 provides for the registration procedure and duration of registration.
Apply for Trademark Registration Online
Type of Trademarks:
Trademarks are a vital aspect of any business as they help protect the brand's identity and distinguish it from competitors. There are various types of trademarks recognized in India. These include:
1. Word Mark: This type of trademark consists of words or combination of words that can be used to distinguish one company's products or services from another.
2. Device Mark: Device marks consist of unique symbols, logos, or designs that serve as a visual representation of a company or its products.
3. Composite Mark: Composite marks are a combination of both words and designs, where the design element is an integral part of the overall trademark.
4. Service Mark: Service marks are specifically used to distinguish services rather than goods. They are used to identify and promote the source of a service.
5. Collective Mark: Collective marks are owned by organizations, associations, or groups and are used to indicate that the products or services originate from members of the organization.
These different types of trademarks provide businesses with the necessary legal protection and exclusivity to establish their brand identity in the Indian market.
Copy Right
Copyright in India is a legal concept that grants exclusive rights to creators and authors over their original works. It encompasses a wide range of creative expressions, such as literary, artistic, musical, and dramatic works. The purpose of copyright is to protect the rights of creators and encourage the development of new and original works. In India, copyright protection is granted to the creator automatically upon the creation of the work, without the need for registration. However, registration does offer additional benefits, such as evidence in case of infringement and the ability to claim statutory damages. Copyright in India is governed by the Copyright Act of 1957 and is administered by the Copyright Office. It plays a crucial role in promoting creativity and innovation in the country.
Subsistence of Copyright:
Grounds on which copyright cane be Claimed/ Applied/ Filed/ Issued :
Copyright shall subsist throughout India in the following classes of works:
(a) Original literary, dramatic, musical and artistic works;
(b) Cinematograph films; and
(c) Sound recording.
Registration Process of Copyright:
Application to the registrar of Copy Right with prescribed Fee
Diary Number will be issued by the Registrar
30 Day waiting period for Objections
If No Objections Received, Scrutinization by the Examiner
If No Discrepancy noticed by the Examiner, Registrar will approve Copyright
The details of the copyright entered in the register of copyrights and certificate of registration is issued.
Services offered
Copy Right Search
Copy Right Application
Copy Right Objection
Apply for Copyright Online
Patent
India has a well-established patent system that plays a crucial role in promoting innovation and protecting intellectual property rights. The Indian patent law provides inventors with exclusive rights over their inventions for a limited period of time. To obtain a patent in India, an invention must be novel, non-obvious, and have industrial applicability. The process involves filing a patent application, which is examined by the Indian Patent Office. If the invention meets the criteria, a patent is granted, providing the inventor with legal protection and the ability to monetize their invention. The Indian patent system encourages research and development by rewarding inventors for their creativity and innovation. It also facilitates technology transfer and foreign investment by providing a secure legal framework for intellectual property rights. Overall, the Indian patent system plays a vital role in fostering innovation and economic growth in the country.
The law governing patents in India is primarily governed by the Patents Act, 1970. This Act provides for the registration and protection of inventions. Under this law, inventors are granted exclusive rights to their inventions for a limited period of time, usually 20 years. The legislation also outlines the procedure for filing patent applications, examination of applications, and the grounds for granting or rejecting a patent. The Act further addresses issues related to the infringement of patents, remedies available to patent holders, and licensing of patents. Additionally, it establishes the role and functions of the Indian Patent Office, which is responsible for the administration and implementation of the patent law in the country. Overall, the law governing patents in India aims to encourage innovation, promote technological advancement, and safeguard the rights of inventors.
Subsistence of Patent:
Grounds on which patent can be Claimed/ Applied/ Filed/ Issued :
(a) Inventio of a new product or process
(b) Involving an inventive step and
(c) capable of industrial application;
Registration Process of Patent:
Conduct a thorough search to determine if a similar patent already exists.
The application form needs to be filled out with accurate information regarding the invention.
Once the application is submitted, it undergoes a thorough examination by the patent office to ensure that it meets the requirements for patentability.
After the application is approved, it is published in the patent journal, and
Objections or oppositions can be raised within a specific timeframe.
If no objection is raised or all objections are resolved, the patent is granted,
Now the inventor can enjoy exclusive rights over their invention. It is important to follow each step carefully to ensure a smooth and successful patent registration process..
Services offered
Patent Search
Patent Application Provisional/ Permanent
Patent Objection