Copyright
Trademark
Patent
Design
What is Copyright Registration?
Copyright Registration confers upon its owner sole rights to copy or reproduce the work or grant permission to another to do so. The applies to literary (books, scripts, even software) and audio-visual (music, photographs, movies) works. Business entities often copyright instruction manuals, product literature and user guides.
For what can a copyright be obtained?
You can get a copyright for any unique and creative content. This could range from a design, a sketch, a painting, a song recording, a music video, a movie file, a poem, a book or even a short story.
Does Copyright apply to titles and names?
No, a copyright does not protects names, titles or word combinations, phrases, slogans etc. It protects tangible original works.
What is not protected by a copyright?
There are various categories of work that generally do not fit in the eligibility criteria for the copyright protection. These include the following; works that cannot be fixed in a physical/tangible platform of expression like unrecorded/un-noted choreographic works , or improvisational speeches or performances that do not have a written/recorded proof. titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration The facts, figures and information which are common/generic property cannot be considered under the authority of any individual like standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common source, etc.
What are the advantages of a copyright?
It permits the right to sue an infringer in federal court, in case the owner holds a copyright which is obtained after registration. The copyright owner has the right to oppose any offender who claims the ownership of that particular work. Fundamentally, copyright is a private right and depends on an individual in which way he/she wants to implement or use the copyright. It is flexible in nature and is not mandatory to be utilized in the work and can also be assigned to others by the owners. Another advantage is benefitting by selling or transferring the copyright. In case any third party wants the copyright then the initial owner has the privilege of deciding whether to sell/transfer the copyright or not. The owner can do any deal/agreement while transferring or selling the copyright to the other. Copyright safeguards authentic & original work, if the owner is not registered then its easy to exploit the intellectual works without paying any royalties or compensation to the owner of the work. It encourages enterprise and creates a favorable climate which in a way stimulates economic activity.
What is a trademark?
A trademark is essentially a characteristic of your brand. It could be your brand name, your brand’s logo, or even your brand’s slogan. For example, 'Nike', the ‘Swoosh’, or the slogan ‘Just Do It’. In some cases, the brand’s name and logo are combined into one, as in the case of BMW, or Coca-Cola. That is called a Logo Composite Mark.
Who owns a trademark?
A trademark grants you commercial rights to sell a particular brand name in a certain sector of the economy. There are 45 sectors and each sector is called a class. For instance, Class 28 refers to Toys, Games, and Sports. So if you want to protect your toy brand, you need to make an application under Class 28 and get exclusive commercial rights, to sell your brand of toys under that class.
What if the trademark is taken?
No need to worry. If your trademark brand name is taken, you can prepare a Logo Composite Mark by combining your logo and your name, and apply as one. This is a common strategy used to apply for a trademark, even if the trade name itself has been taken.
What do I need to provide?
You need to give us a signed letter, allowing us to apply for your trademark. This is called an Authorisation Letter. Once an Authorisation Letter has been received, we prepare your documents, make the application for you online, and pay the necessary fees. Almost instantly, you get a confirmation of the application and you can start using the ™ symbol next to your name.
How long does it take?
The trademark registration application process is done almost instantly. It can be done within a few hours of you giving us your Authorization Letter. The Government, after we make the application, takes 18 to 24 months, to confirm the registration and give you the confirmed Registration Certificate for your trademark. You can then use the ® symbol next to your name.
What can be patented?
A patentable invention can be any (1) Art, process, method or manner of manufacture, (2) Machine, apparatus or other articles, (3) Substances produced by manufacturing, (4) Computer software with technical application to industry or used with Hardware, and (5) Product patent for food, chemicals, medicines and drugs.
When does a patent expire?
20 years from the date of filing for a provisional or permanent patent, the patent falls into the public domain.
What information do I need to provide?
The details of the invention on a CD or pen drive, along with its name, comparison with existing products, uses and date of publication (if any). Applicant information is also required.
What is expected from the patentee as an obligation?
A patentee must disclose the invension in the patent document for anyone to practice it after the expiry of the patent or practice it with the consent of the patent holder during the life of the patent.
Is there a worldwide patent?
It is, therefore, effective only in India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.
What do you mean by Design?
Any shape, pattern, ornament, configuration or composition of colors & lines are features of a design. A design can be two dimensional, three dimensional or both the forms. It does not consist of any trademark, property mark or artistic work.
What is the validity of the Design?
The validity of the design registration is initially for ten years after which it needs to be renewed. In order to retain the rights the design is to be renewed which extends the period for more five years.
Who can apply for a registration of a Design?
A person who has an unique design to be registered or a legal representative or the assignee who is given the right/ownership of the design can individually or jointly apply for the registration of a Design. It can also be a firm, partnership and a body corporate who claims to be the owner of a design.
Who can assist in registration of Design?
It is not important for the applicant to register the design, an application for registration of design can also be filed by the help of attorneys.
How one can know whether registration exist in respect of any design?
To ascertain whether registration exists in respect of a design, the applicant is needed to make a request to the Patent Office. Incase an individual is aware about the serial number of the registered design then the request is to be made on Form 6, and if its not known then Form 7. The requests are made individually and applicable only for one design.