Trademark

A trademark is an identification symbol, which may be a word, a device, a label or numeral etc. or a combination thereof used in the course of trade to distinguish one trader's goods from similar goods of other traders. It is commonly known as brand name used in the course of trade to enable the purchasing public to distinguish one trader's goods from similar goods of other traders.

Guidelines for registration

a. It is advisable to conduct a market survey through an investigating agency etc. to ascertain whether any identical or deceptively similar mark is used for the same goods by any other person in the market.

b. It is advisable not to imitate another persons trade mark or any other well known trade mark even if the goods are different.

c. Before applying for registration it is desirable to obtain preliminary advice regarding the distinctiveness of your mark from the Registrar by making a request on form TM-55 with a prescribed fee of Rs. 50/-.

d. Also a request can be made on form TM-54 with a prescribed fee of Rs. 50/- to the Trade Marks Registry to obtain an official report to ascertain whether any identical or deceptively similar trade mark exists on the Register or pending for registration for the same goods.

e. Also a personal inspection or search through the records of the Trade Marks Registry on payment of a prescribed fee of Rs. 50/- per hour may be done.

Rights conferred by registration 

The registration of a trade mark confers on the registered proprietor of the trade mark the exclusive right to use the trade mark in relation to the goods in respect of which the trade mark is registered and to obtain the relief in respect of infringement of the trade mark by others. The registration of a trade mark is not compulsory. However, without registration a owner of a trade mark cannot bring an action for infringement to protect the mark if it is copied by others. Suing for infringement of a trade mark is much simpler than launching a common law action for passing off to protect any unregistered trade mark.

 

 

 

Copyright

Copyright protects only the form of expression of ideas, not the ideas themselves. Copyright law protects the owner of rights in artistic works against those who "copy"; those who take and use the form in which the original work was expressed by the author. Illustrative examples of the literature, scientific, and artistic works include productions such as book, pamphlets and other writings, lectures addresses, dramatic or dramatic musical works, choreographic work, musical composition with or without words, cinematographic works, works of drawing, painting, architecture, photographic works, works of applied art, maps, plans, sketches, three dimensional works relating to geography, topography, architecture or science, etc. whatever may be the mode or form of expression. Computer software/program is one such mode of expression. Copyright protects only the form of expression of ideas not the ideas themselves. The object of the copyright is to encourage authors, composers and artists to create original works by rewarding them with exclusive right for a limited period. This exclusive right is a negative right to prevent others from copying or reproducing the work. Any violation of such right is called infringement of copyright. The creativity protected by copyright law is creativity in the choice and arrangement of words, musical notes, colors, shapes and so on. Illustrative examples of the literary, scientific and artistic works include productions such as books, pamphlets and other writing, lectures addresses, dramatic works, choreographic works, musical compositions with or without words, cinematographic works, works of drawings, painting, architecture, photographic works, works of applied art, the maps, plans, sketches, three dimensional works relating to geography, topography, architecture or science etc.

 

  

   

 

Design

The expression "design" means only the feature of shape, configuration, pattern or ornament applied to any article by any industrial process or means whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to end are judged solely by the eye.

Object of the Designs Act to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

To qualify for registration the design

  1. Must be a new original design
  2. Must not have been previously published in India

 

   

 

Layout Designs of Integrated Circuit

Lay out designs includes a layout of transistor and other circuitry elements and includes lead wires connection such elements and expressed in any manner in a semiconductor Integrated Circuit (IC).  Semiconductor IC is a product having transistors and other circuitry elements, which is inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electronic circuitry function. The Semiconductor IC Layout Design Act, 2000  provides protection for semiconductor IC layout designs.

 

 

 

 

 

 

Geographical Indication

The term GI has been defined as "geographical indications", in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristics of such goods in essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.