Trademark & IPs Services

● Compliance Services

1. Application Form for Registration of Copyright(Form-XIV)

2. Application Form for Registration of changes in Particulars of Copyright(Form-XV)

3. Application Form for the Relinquishment of Copyright(Form-1)

4. Proforma for discrepency letter



● Registratio Process


CHECK LIST

i. Ensure that application is enclosed with prescribed fee by postal order or Demand Draft only in favour of ‘Registrar of Copyrights’ payable at New Delhi.

ii. The application (Form XIV) including the Statement of Particulars (SoP) and the Statement of Further Particulars (SoFP) should be signed by the applicant only.

iii. Under Copyright amendment Rule, 2013, the applicant required to send by registered post copies of Form (XIV), SoP & SoFP to every person who claims or has any interest in the subject matter of the copyright or disputes the rights of applicant to it.

iv. Application should contain Form (XIV), SoP & SoFP and should be submitted single copy.

v. Name, address & nationality of the Applicant should completely filled up in col.2 of SoP.

vi. Please clarify in Col.3 of the SoP whether applicant is author/publisher/owner/assignee.

vii. In Col.4 of SoP please indicate appropriate class and description of the work.

viii. In Col.5 of the SoP, please mention ‘Title of the work’ as it appears on the work.

ix. In Col.6 of the SoP please indicate all languages of the work.

x. In Col.7 of the SoP please indicate Name, address & Nationality of the author and if the author is deceased, the date of decease.

xi. In Col.8 of the SoP, please mention whether the work is published or unpublished.

xii. Please indicate year and Country of first publication (Name, address and nationality of the publisher) in Col.9 of the SoP.

xiii. Please also mention years and countries of subsequent publications if any, and name, addresses and nationalities of the publishers in Col.10 of the SoP.

xiv. In. Col.11 of the SoP, please indicate names, address and nationalities of the owners of various rights comprising the copyright in the work and the extent of rights held by each, together with the particulars of assignments and license, if any. In case applicant himself intends to hold all rights in the work, his particulars are given against Col.2 must be mentioned. In case the applicant is a partnership firm, the names of all the partners and their shares in the copyright may be indicated.

xv. Please indicate in Col.12 of the SoP names, addresses and nationalities of other persons if any, to whom author intends to authorise other persons to assign or license the rights comprising the copyrights.

xvi. Please include in Col.13 of the SoP if the work is ‘Artistic’ the location of the original work, including name and address and nationality of the person in possession of the work, (In case of an architectural work, the year of completion of the work should also be shown.)

xvii. As per Col. 14, the application should include a certification from the registrar of Trade Marks in terms of the proviso to Copyright amendment Rule, 2013, if the work is an Artistic work which is used or is capable of being used in relation to any goods.

xviii. In Col.15, if the work is an ‘Artistic work’ and registered under the Design Act 2000, then give details.

xix. In Col.16, if the work is an ‘Artistic work’ capable of being registered as a design under the Designs Act 2000, whether it has been applied to an article though an industrial process and if yes, give the number of times it is reproduced.

xx. In case of Artistic work, please enclose 2 identical copies of artistic work (identical in size/colour/design) which should be identical with the work attached with Search Certificate (TM-60)

xxi. Please intimate the Name, address & Nationality of the person whose photograph appears on the work. If that person is other than the applicant, a No Objection Certificate, in original may be obtained from the person or from his legal heir(s) if the person is deceased or from the guardian if the applicant is minor and the same may be enclosed with the application.

xxii. The firm itself cannot be the author of a work. Therefore, details of the person(s) who has/have actually created the work may be furnished.

xxiii. As per Col.7 of the SoP submitted by you, the author of the work is other than the applicant, please enclose a No Objection Certificate in original from the original author(s) clearly indicating that he/she has no objection if the copyright of the work is registered in the name of the applicant(s) and also clarify whether the author is partner/proprietor/employee of the applicant.

xxiv. If the work is published by a person other than the applicant, a No Objection Certificate in original may be obtained from the person/firm and enclose with the application.

xxv. Please enclose one (1) copy of published work and two (2) copies of unpublished work in literary case. In artistic case, enclose two (2) copies of artistic work whether it is published or not. For rest of all other categories, enclose one (1) copy of the work irrespective of published or unpublished. xxvi. Please submit Power of Attorney (POA) if advocate is filling on behalf of the applicant.


An overview of each of the forms is provided below.

Form 1 – Application for Grant of Patent

As the name suggests, this form is an application for grant of patent in India. In this form, you will have to furnish information, such as, name and address of the inventor(s), name and address of the applicant(s), information corresponding to prior patent applications relating to the current invention, which you or any authorized entity has filed, and some declarations, among other information.

(Added after receiving comments from Mr. Naren) Please note that a local communication address (address in India) has to be provided. This point is of importance to foreign (Non-Indian) applicants.


Form 2 – Provisional/Complete Specification

Form 2 is used to furnish your patent specification. The patent specification can be provisional or a complete patent specification depending of the type of patent application (provisional or complete) you are filing. You might find our article on “What are the different patent filing options?” useful.

If you are filing a provisional patent application, then use the following preamble in the first page of Form 2:

The following specification describes the invention

On the other hand, if you are filing a complete patent application, then use the following preamble in the first page of Form 2:

The following specification particularly describes the invention and the manner in which it is to be performed
Note that, if you are filing offline, 2 copies of the patent specification has to be sent to the patent office. Additionally, count the number of sheets and claims (extra fee for more than 30 sheets and more than 10 claims) and calculate the appropriate fee. While counting the sheets, even the drawing sheets will have to be taken into account.


Form 3 – Statement and Undertaking Under Section 8

Form 3 is used to furnish information/actions relating to patent applications filed in other countries for the current invention. Additionally, any information relating to the rights corresponding to the present patent application has to be furnished. Further, you would be using form 3 to undertake that you will be keeping the patent office informed in writing the details regarding corresponding applications for patents filed outside India. You can read more about this in ourarticle.


Form 5 – Declaration as to Inventor ship

This application is used to declare the inventors of the subject matter sought to be protected using the current patent application.


Form 9 – Request for Publication

If this form is not filed, then the patent specification will be published by the patent office after 18 months from the priority date (filing of the first patent application for the current subject matter). On the other hand, by filing this form, you can generally have your patent specification published within 1 month from filing this form. Note that the patent rights start from the date of publication of the patent application (enforceable after grant of patent).


Form 18 – Request for Examination of Application for Patent

This form can be filed within 48 months from the priority date. The patent office will not consider your patent application for examination unless this form is filed. Hence, if you wish to expedite the patenting process, filing of form 9 and 18 at an early stage is advised. A startup can also request for expedited examination of their patent application.



What is a trade mark?

In simple terms, trademark is a brand or logo which represents your business. A visual symbol like a word signature, name, device, label, numerals or combination of colors used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.


Example of trademarks:

Coca cola and Pepsi are two trademarks from same industry (beverages) which distinctly identifies source or origin of the goods as well as an indication of quality.

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.

However, any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered.


Who can apply for trademark?

Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply. The application for trademark can be filed within few days and you can start using “TM” symbol. And the time required for trademark registry to complete formalities is 8 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed time to time.

Functions of a trade mark are:

1. It identifies the service or product and its source

2. It guarantees its quality

3. Advertisement of service of product

Different types of trademark:

1. A name (including personal or surname of the applicant or predecessor in business or the signature of the person)

2. A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods / service

3. alphanumeric or Letters or numerals or any combination thereof.

4. Image, symbol, monograms, 3 dimensional shapes, letters etc.

5. Sound marks in audio format


Trademark Registration

A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registerable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registerable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.,

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.

●Advantages Of Trademark Registration

     * Legal Protection
     * Unique Identity
     * Trust or Goodwill
     * Creation of Asset


●Trademark Registration India

How much time and effort you invested in your business? Did you work had to make your business a respectable and trust worthy name in minds of your clients?

How would you feel, if someone else is misusing your business name?

Or you found out that the name that you are using for your business is actually registered with some other company

Even worst… You work on your business for so many years to build brand and loyalty in clients mind and you found out you are infringing a already registered trademark of someone and you cannot use that name for your business here after!!! Such a loss of time, efforts and costs…

Would you like to avoid such devastating scenarios that can hurt your businesses image? This can result in all the hard work you put in building brand name (image) of the business going waste!!!

Then you need to look at protecting your business name, identity, brand, logo, image etc. This is achieved by registering Trademark for your business.

“A registered trademark is an important asset for a business used to protect the company's investment in the brand or symbol. "

If properly used and promoted, a Trademark becomes the most valuable asset of a business. Hence Trademark registration India


Documents required for filing a Trade Mark Application in India:

• Trademark or logo copy

• Applicant details like name, address and nationality and for company: the state of incorporation

• Goods or services to register

• Date of first use of the trademark in India, if used by you prior to applying.

• Power of attorney to be signed by the applicant in 100 Rs. stamp paper.


● The procedure for registering trademark in India

Step 1: trademark search

Step 2: create trademark application

Step 3: trademark registration


Steps you need to take to registration your trademark in India:

1. Select and authorize a trademark agent or attorney to represent you.

2. The trademark attorney conducts a search.

3. Depending upon the results of the search, the trademark attorney will draft your trademark application. In case someone already has the same or similar trademark, you may have to change yours.

4. The trademark attorney will file your trademark application with the Trademark Office and send you the receipt.

5. After a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office.

6. It can take anywhere between 18 months to 2 years for the Trademark Office to decide whether or not to grant you the trademark; if there are objections from the trademark office or from anyone else, it may take longer. And your trademark is published in the Trademark Journal.


C L A S S H E A D I N G S

Goods

Class 1 :      Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry

Class 2 :    Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists

Class 3 :    Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices

Class 4 :    Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting

Class 5 :    Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides

Class 6 :    Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores

Class 7 :    Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs

Class 8 :    Hand tools and implements (hand-operated); cutlery; side arms; razors

Class 9 :    Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus

Class 10 :   Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials

Class 11 :   Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes

Class 12 :   Vehicles; apparatus for locomotion by land, air or water

Class 13 :   Firearms; ammunition and projectiles; explosives; fireworks

Class 14 :   Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments

Class 15 :   Musical instruments

Class 16 :   Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks

Class 17 :   Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal

Class 18 :   Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery

Class 19 :   Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal

Class 20 :   Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics

Class 21 :   Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes

Class 22 :   Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials

Class 23 :   Yarns and threads, for textile use

Class 24 :   Textiles and textile goods, not included in other classes; bed and table covers

Class 25 :   Clothing, footwear, headgear

Class 26 :   Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

Class 27 :   Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)

Class 28 :   Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees

Class 29 :   Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats

Class 30 :   Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice

Class 31 :   Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt

Class 32 :   Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

Class 33 :   Alcoholic beverages (except beers)

Class 34 :   Tobacco; smokers’ articles; matches


SERVICES

Class 35 :    Advertising; business management; business administration; office functions

Class 36 :   Insurance; financial affairs; monetary affairs; real estate affairs

Class 37 :   Building construction; repair; installation services

Class 38 :   Telecommunications

Class 39 :   Transport; packaging and storage of goods; travel arrangement

Class 40 :   Treatment of materials

Class 41 :   Education; providing of training; entertainment; sporting and cultural activities

Class 42 :   Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software

Class 43 :   Services for providing food and drink; temporary accommodation

Class 44 :   Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services

Class 45 :   Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals


●To Any Service Contact us at
       info@svkandcompny.com


"Making the simple complicated is commonplace; making the complicated simple, awesomely simple, that's creativity"
- Charles Mingus