Intellectual Property – registrationmantra

Intellectual Property Rights

Know which Intellectual Property protects your work rightly

Intellectual Property is the most valuable asset to any organization. By referring to Intellectual Property, it means the creation of some intangible asset with respect to business and its operations. Intellectual Property is the creation of the mind, which can be protected under respective Intellectual Property Rights (IPR) Law. IPR primarily encompasses Trade Marks, Copyrights and Patents apart from Designs, Geographical Indication, etc. Each category of IPR protects or covers a different group of properties and work. Therefore choosing a right category is required to safeguard your work and business property.

Trademark represents the brand value or goodwill of the business. It covers a brand name, logo, symbol, device, numerals or a combination of both that can be represented graphically.

Patent registration grants a right to inventor(s) to stop others from dealing into their inventions. The inventor can protect the invention through provisional and permanent registration.

Copyright is an absolute and assignable right granted to the creator of the original works. It protects works of authorship including literary, dramatic, musical, and artistic works.

Enhance and protect your brand value with Trademark

Registration of a trademark is important not only to enhance the brand value but also to protect the same. Trademark Registration Application is the first step to get exclusive rights over your brand name.

After the application, trademark passed from various stages, where the Registry examines the mark. If TM registry issues examination report, it is important to respond with your grounds to protect the trademark.

Did you find someone applying a quite similar trademark to yours? Yes, you can file an opposition to such applicant, which is said to be Trademark Opposition. File the trademark opposition to save your exclusivity.

With trademark assignment, you can transfer the ownership or partial right to use your trademark to a third party. Encash your brand value and reap economic benefits with trademark assignment.

Trademark registration is granted for specific term i.e. 10 years from its application. The renewal of the trademark is necessary to continue enjoying your ownership rights over it. Renew your trademark before it expires.

Secure your exclusive inventor rights with Patent registration

Patentability search is a method used to look out for existing patents and other prior arts that are similar or close to the invention applied for. Know about the Patent availability with search by patent attorney.

Provisional Patent is filed to secure the filing date when your invention is under process. It is filled with a detailed description of the invention and drawings to help explain the invention. This is filed prior to filing complete specification.

Referred to as permanent patent colloquially, Complete Specification filing is registration application for the patent. The application is filed by describing the invention to its full extent including the method of practicing the invention

Give a legal backing and obtain creator’s right of your copyright

Acquisition of copyright is automatic and it does not require any formality.
However, registration serves as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.

Common Questions

What is Intellectual Property Rights (IPR)?

Intellectual property is the intangible property that is the result of creativity and intellect. IPR is the rights that secure and protect these intangible assets through different modes of IP protection like patents, copyright, trademark, industrial designs, geographical indications, the layout design of integrated circuits, undisclosed information (trade secrets) and new plant varieties.

What is the difference between copyright, patent and trademark?

A trademark is assigned to a word or logo for securing one’s brand and copyright grants you the protection for your original creative content such as books, music, videos, songs or even software. The patent is for securing new inventions and inventive processes that are novel, has some utility and an inventive step.

Whether IPR registration is mandatory for businesses?

There are no mandatory requirements for the businesses to registered under IPR law. However, the registration grants the owner exclusive rights over their properties and legal protection by stopping others from using it without the owner’s approval. This is the main reason to obtain registration under Intellectual Property law.

How IPR registration is economically beneficial?

Once obtained the registration, the owners can assign (transfer) the right of using the trademark or copyrighted content or the patent at consideration. The assignment can be absolute or partial and can be limited to a specified term.

Whether registration of my company under Companies Act is sufficient to secure trademark rights?

No, registrations of Company Names, Business Names or Domain Names are not similar to trademark registration as they don’t secure your trademark or brand name from public use. Trademark registration gives the exclusive right to the trademark owner to exclude anyone else from using the same or similar brand name.

What is expected from patentee as an obligation to the State?

A patentee must draft all the details about the patent in a document, so once the patent expires the public can use it and benefit from it. And also use it with the patent holder’s permission when it is still secured. The most essential requirement of obtaining a patent is disclosure of the invention.

How can a copyright be transferred?

The copyright can be transferred in the following way :
1) for the entire world or for a specific country or territory; or
2)for the full term of copyright or part thereof; or
3) relating to all the rights comprising the copyright or only part of such rights.

What is considered as the date of patent?

The term of the patent is counted from the date when the patent application is filed. If the provisional application is filed, it becomes the date but if complete specification is filed first, it becomes the filing date.

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