trademark registration online Archives - Page 2 of 2 - Business , Financial & Legal Consultant In India

August 27, 2018

Difference Between Trademarks, copyright And Patents

Trademarks, Copyright and Patents are three different things i.e. these are three different kind of Intellectual Property Rights. IPR is the right given to the creators over the creations of their mind. According to WIPO (World Intellectual Property Organizations) Intellectual Property can be defined as the creation of mind, the inventions, literary work, names, logo, dramatic work etc.. and creators of these things gets the exclusive right to use these Intellectual Properties, and no one else can use it without their permission.
There exists difference between Trademarks, Copyright and Patents, but still people finds it difficult to make out difference between these three. Therefore by this blog you will get to learn difference between the Trademarks, Copyright and Patents.
Trademarks
Trademark can be defined as unique name, symbol, logo, colour etc. that can be used to distinguish one goods from the other. By registering Trademark the owner gets an exclusive rights to use that trademark, and that trademark can further be transferred or assigned to others. By trademark registration in India he owner gets exclusive right of its usage and distribution. In order to get your trademark registered in India trademark that is chosen should be unique and should not be generic.
Trademark in India is given for the maximum period of 10 years and it gets renewed after every 10 years. The trademark registration once obtained is valid as long as the mark is used in the commerce.
The benefit of getting the trademark registered is that the trademark owner gets the exclusive right of usage of that trademark, and he can also further assign or license his trademark. And if anyone else who is not authorized to use that trademark uses it then the owner of the trademark can sue him for infringement of the trademark. And they can use R symbol once their trademark gets registered. For example, Apple, Maggie etc.
Copyright
Copyright is the kind of IPR that protects the original work of authorship such as books, articles, songs, photographs, sculptures, choreography, sound recording, motion pictures and creative works. In order to get the work copyright then the work should be original and creative, but the work should be in tangible form i.e. idea cannot be copyrighted whereas in order to get its work copyrighted idea should be expressed in some tangible form.
Copyright is given till the lifetime of Author plus 60 years after his life. The Author can use c symbol after getting its work copyrighted. With copyright registration in India Author gets an exclusive right to reproduce it, make derivative of work, distribute and make public performance and display the copyrighted work. And no one else can use that copyright otherwise it will be considered as an infringement, and the Author can sue the infringer and claim for damages or Injunction either. For example, Novel of Chetan Bhagat etc.
Patents
Patent is given for the new invention i.e. if any one has invented new thing such as manufacturers, machine, compositions, novel processes etc. then he/she can give application for patent registration. For Patent Registration there should be three things which should be met and those are, Novelty, Industrial application, and non-obvious.
Patents is valid for the maximum period of 20 years and after 20 years it comes in public domain i.e. after 20 years any one can use it publically.
Before 2005 only product patent was valid but after 2005 amendment both product and process patent is valid.

After getting product patent in India the inventor gets the exclusive right to prevent others from making, selling, or importing the protected invention. For example. Microsoft has taken patent for its multiple software.

Therefore these three are the clear distinction between the three on the basis of kind of product they prevent. For instance, trademarks gives protection to names, symbols, logo etc, Copyright gives protection to literary, artistic and dramatic work, or creativity and patents gives protection to the new invention.

August 12, 2018August 12, 2018

How To Check Or Search Registered Trademarks In India?

If you want trademark registration to be a successful process, you need to cover all your bases. With the search for a registered trademark, you will be one right step to the right direction of this purpose of covering your bases. The process is undertaken online and it is pretty simple. However, make sure that you are o the desktop while you are searching for a mark. Because Government sights are not yet optimized for mobiles properly.

A trademark search is what one might call the most underrated aspect for applying for trademark registration that many laymen out there tend to ignore. This step is not only important in order to see as to whether your mark is even available, but this search module is also responsible for something called a proper trademark classification.

Searching for registered trademark in India

If you are engaged with the trademark registration process in the right way, you are going to make sure that all your bases are covered. To that end, it is important that you make sure that each and every step you take throughout the application filing process is the right one. One of those step is to look for a registered trademark.

Steps to look for a registered trademark

The steps to look for a mark that are already been registered are the simple one if only you know where to go. To that end take heed of the following steps:

You first need to open up your browser (preferably Google chrome or internet Explorer)
Then you go to the browser and you search and input these exact terms, public trademark search.
Once you are there in the module, you will have the following options:

A word mark
A logo
Other mark

4. If you select word mark from the drop drown menu, then you will be prompted to enter the Vienna code. Therefore, as your first search choose the wordmark.

5. Now, in the given dialogue, you input anything that you want to write. If you want to type “Taranga” you can type that. However, if you want to know the mark starting from a certain character you precede the character with “starting with”.

6. Now, matters what method you choose, enter your mark and press enter.

7. If any such registered trademark is available, you will be presented to a page where you can actually see the trademark along with its logo.

These are the steps that will allow you to see the registered trademark. This is going to make sure that you are properly armed with at least some knowledge before you apply for your own trademark.

You can also contact BIATConsultant for getting your trademark registration and trademark infringements in India .

August 4, 2018

5 Tips- How To Pick Or Find The Perfect Brand Name Of Your Product?

“The first impressions is everything”

When you have access to a product that you trade with, you would want for it to be remembered. How it is remembered on the basis of how you name it and naming the product is the whole essence of branding. With a right name, any product that comes into the market can grab the attention of the onlookers.

This was probably the same thought that the creators of coca-cola had! Now look at it, one of the leading products of our generation with nearly 200 years of existence.

Do you want to make sure that your service or your brand name is on the lips of everyone out there?

Well, it is not even a question, is it? Of course you! Well, to that end, let us tell you some tips that will assist you with naming the product in a best way possible.

Naming the brand in the best way possible:

The following tips that we are going to tell you about are applicable for every product that you can use to grab the attention of the consumers or the service seekers.

Choose a name that you can speak right: for something to be able to sound right, you should be able to speak it right as well. While you are naming your trade, speak it out and clear. If your mouth does not move a lot, then it is interesting, if it moves too much, then it is overly complicated. Therefore, choose the name that is impactful and yet, and a bit subtle as well.

Your brand name should be able to sound right: now, in order for the name of the brand to sound right, it should not be confusing in any shape or form. Choosing a right sounding name can be tricky because of the simple reason that you need the output of others in this. Go outside and ask complete strangers about the name. you will be surprised to hear how man strangers give you the right response. Take them to heed and rename of your brand if you have to, but makes sure that it sounds right.

Get all of your legal aspect: now, if you want to brand your product in a way that it grows without hindrance like the name getting stolen by other individuals. To that end, you need to make sure that your mark is unique. To get this information, you need to do a trademark search. This search will tell you of the name you have chosen is right and is available for your trade.

Give your name a test run online: one of the ways to know as to whether your ideas will be successful will be with blogs and other online methods. Therefore, once you have thought on a name, you need to start a blog with the name as a domain name or you can start a Facebook group with that name. the amount of people who are going to like the group when you first start the page, is also a form of confirmation from a public that you can look into.

Choose a name that is somehow descriptive and also is not descriptive: this might be the most confusing name that you have ever read. To that end, let us clear this up for you. When you want to choose the brand name the first thought that goes through your head is to name it in such a way, that somehow, the quality and type of your product are emphasized in it. However, this cannot happen. To that end, you can make use of such entities to name your brand that does not claim the quality of your product outright, but does it in a subtle manner. To exemplify, when you hear “Jaquar” you automatically think fast car, sports car etc. similarly when you hear “ Ambuja”, the strength of your word accentuates on reinforcement and therefore, it is the trademark name for a particular brand of cement.

If you go by the last tip, you might think that the entire matter is tricky. To be honest, it is. However, if you follow along these tips you can be assured that the brand name that you decide upon is not only growth worthy but also durable.

Also after choosing the brand name , you must also get it Trademarked so that no one else can copy the same .

BIATConsultant is leading consultant in India providing assistance in trademark registration online , company registration online and more .

July 30, 2018July 30, 2018

Difference Between Brand Name And Company Name

People often get confused about between the brand name and company name. they fail to understand the difference between the two and believe that company name and brand name is one of the same thing.
However, in the law, there exists a clear definite distinction between the two. It is important for the business owner or any other person to know this distinction to get it registered. We will take a deeper insight into a meaning and difference between the brand name and a company name with this blog.

Trademark or Brand name:

Brand name is the name that is given to the products and services of the company. This name can be used by the company for advertising and sales purposes. There is a clear distinction between the business name and a trading name. unlike the company name, the brand name does not mandatorily have to end with the Private Limited Company, LLC, Corp, or other legal ending.

On Brand name Trademark is to be given on trading name, i.e. by which company is doing its trading.

Company Name:

The name given to the Organization registered under the Companies Act is known as company name or trade name. simply stated that it is a an official name under which the sole individual or the group of individuals decides to carry on some business activity. The Suffix in the name of the
company depends upon the type of business structure under which it is currently operating. For instance, the complete name of Private Limited Company will be ABC Private Limited Company. A company name could be a private Limited Company or a Limited Company, or LLP company could be there.

Key Differences Between a Brand Name and a Company Name:

1. Multiple brand names could be registered under the name of one company name. For Instance, The Hindustan Liver Limited Company possesses the famous brand name like Lux, Wheel, Ponds, Vaseline and Surf Excel.
2. The company is an Artificial person on whose name the various statutory requirements are fulfilled. Like the income tax returns are filed, Annual filing is made and various other legal proceedings are carried out. Whereas Trademark is just a name given to the products and services that are used as an intangible asset for the company.

3. The name of the company can be registered by filing the RUN form with the ministry of Corporate Affairs. Whereas for obtaining the Trademark registration, the application, Trademark Application has to be filed for the Trademark Department, and trademark can Application shall be applied through IP India Government website, through which certain
government fees have to be given to the Government in order to apply for the Trademark registration.
4. The Applicant is required to conduct the company name search before applying for its registration. Also the search should be conducted in the trademark database. Whereas there is no such requirement for trademark registration. Before applying for trademark registration. Before Applying for Trademark registration, an applicant must conduct the free public trademark search. Unlike company name thete is no requirement to search for
company name database.

So in case you are looking for trademark registration online in India , feel free to contact BIATConsultant.com or quick fill in the form below

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July 20, 2018

What Is The Common Law In Trademark ?

You know even if your Trademark has not gone through the usual trademark registration, you are still the owner of trademark from the point when you start to use it. The law is there to give protection to unregistered Trademark, which is also known as passing off .

What can be a common law In Trademark:

Much like the Registered Trademark, common law trademark can also be anything from symbols, words, graphics, or any such combination. As long as it can distinctly identify your product from another, it can be a common law. A common law Trademark can use “TM” symbol along with their marks when they are trading.

The Difference between a Registered Trademark and Common law Trademark:

1. A Registered Trademark can make a use of ‘R’ symbol while trading whereas in a common law mark, owner can use the ‘TM’ symbol while trading.
2. When it comes to Registered Trademark, Trademark owner can enjoy his right to the fullest and can sue Trademark infringers whereas protection in common law is limited and restricted.
3. Registered trademark can cover a lot more grounds as compare to common law mark. It means that common law trademark is restricted to a very specific geographical region.There are certain rights which are given in common law trademark
1. If you and another person have been using the same trademark while other person has pursued with trademark registration, then two individuals can oppose his mark once it is published in the journal, in such cases the registration is being awarded on the basis of prior usage, i.e. who has been using the trademark earlier.
2. Passing off remedy: this remedy is provided when an individual is using a product from many years and has earned goodwill and become known to the public then you have right to assert your claim towards trademark that are confusing and doing the same business as you. This form of protection is called as ‘passing off’ of Trademark.

Common Law V/s Registered Trademark Registration

This is very common question which comes in mind of every individual when we talk about registered trademark and common law mark. So one should always go for trademark registration as it gives you exclusive right to use the Trademark, and it also gives you right to sue the Trademark Infringer who is illegally or wrongfully using your trademark without your consent.

However Common law is a good protection but it is only for a short term. To that end, if you want a more robust protection when it comes to the matter of protecting the mark that signifies your trade, you should go with Registration.

BIATConsultant is leading consultancy firm in India . In case you are looking for trademark registration online , or is facing any conflict regarding the same feel free to contact us at +919650476099 .

July 19, 2018

What is trademark infringement in India

If you have registered your trademark, then you have exclusive right to use that trademark, but if your trademark is being falsely used by other individual or person then it means that your trademark is being infringed. Trademark infringement is a punishable offence in India so it is very important for every people to understand what trademark infringement actually means.

Trademark infringement is defined under section 29 of Trademarks Act according to which it means that violating and exploiting the rights of the Trademark owner.

There are four kinds of Trademark Infringement and they are discussed below:-
1. There is likelihood of confusion:-
 A mark which is identical to the Registered Trademark and there is a similarity of goods or services covered by the Trademark in a manner causing confusion to the general public.
 The infringer might be a infringer by mistake and confusion was there by accident and with not fraudulent intention. So before using the mark it is advised to do a trademark search.
 The infringer intentionally desires to confuse the customer in order to compete with other brands.

2. False claim of registration:
There have been many instances where there have been claims of registration and all of them turned out to be false:
 Claiming that you have registered trademark even if there is no proof to support that.
 After Trademark has expired, and still claiming that the trademark is still relevant.

Trademark Registration in India is not permanent, therefore renewing of
trademark is necessary.

3. Unauthorized access to Trademarks:
When the Trademark is used illegally or without the consent of the Trademark Owner, then it is said that Trademark is being used wrongfully or the is an unauthorized access to the Trademark:
 Wrongfully using ‘R’ sign on unregistered Trademark.
 Intentionally claiming a false and unregistered Trademark.

4. False Trademark Imposition:
This sort of infringement is done in a following manner:
 Application of a false Trademark when processing, manufacturing, and packaging
the product.
 Making changes to the originally registered trademark before using it.
These are the types of infringement that you as a businessman might commit and you a trademark owner might be afflicted by. And to protect from trademark infringement there are provisions under Trademarks act which protects trademarks.

Trademark infringement is something that can both be deliberate and mistake, so it is necessary for both parties to know about its punishment and implications. This would prevent an aspirant make a mistake and protect the owner from being infringed.

BIATConsultant is leading legal advisory firm which can provide you expert consultant for