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 In Col.8 of the SoP, please mention whether the work is published or unpublished.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

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.

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