How to Maintain Your Brand - Trademark Registration, Litigation, and Renewal

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How to Maintain Your Brand - Trademark Registration, Litigation, and Renewal

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There are always being seen that one company did a fraudulent activity to another, may be with trademark, patent or under any other ipr services. In order to come over with these illegal activities there are several types of power tools have been established by the government to protect your unique creation or services at the international level. – PowerPoint PPT presentation

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Title: How to Maintain Your Brand - Trademark Registration, Litigation, and Renewal


1
Why Company registrations is important for your
Business and its Legal Aspects
  • company registration has become an important
    factor due the companies act and hence everyone
    is looking forward to it. Registration number of
    the company in India needs to be followed by a
    special process. New business registration is
    always advisable as it would benefit the legal
    organization

2
The company is a separate legal entity,
registered under the Act. Each country has a
different procedure for the registration have. In
India, companies under the Companies Act 1956th
Join the incorporation is not an easy task.
Registration number of the company in India
needs to be followed by a special process. New
business registration is always advisable as it
would benefit the legal organization.
Establishment of the company is another major
concern. company formation will help the
companies in India. Ministry of Corporate Affairs
has set-up relief centers in India to companies
through their registration record company
licensed centers. Anyone can register companies
in India to directly contact one of the approved
centers. Registered in India is regulated and
governed by the Companies Act, 1956 and
administered by the Ministry of Corporate Affairs
by the Office of the Registrar of Companies (ROC)
in each state. Types of companies that may be
registered in India are private companies and
public companies. The company law will begin
admission procedures in India with the filing of
the application with name ROC. One time, the
company awarded to company registration documents
will be prepared and submitted to the respective
ROC for registration. Up to a review of the
documents in one or two days ROC recognized
company and issue statutes. Registrar of
Companies, India is a well known, the most
demanding and perceptual organization to provide
comprehensive information and advice on various
types of smart new company registration in India.
The application form must be sent to the
Registrar of Companies to form a company in
India. We provide information on business
information, creation of new businesses,
services, registration of private limited company
wholly in India and more.
3
But with the help of the online company
incorporation the anxious moments during the work
is now seeming a lot easy and comfortable. There
are many reasons that make it compulsory to
register the company name. A trademark is a type
of intellectual property ipr, and usually a name,
phrase, word, logo, symbol, design, image, and a
combination of all these elements. A brand helps
consumers identify and purchase a product or
service because its character and value, point to
by its only one of its kind trademark, to meet
their requirements. Registering a trademark
protects the owner of the goodwill of the
company's brands. Therefore, to help the brand to
the commercial value of goods or services
applies, and increased marketing. copyright
registration in India or abroad gives
manufacturers a wide range of materials, such as
literature, art, music, sound recordings, films
and broadcasts, economic rights enabling them to
control the use of their material in a variety of
ways, example, making copies, issuing copies to
the public, conduct and public use of online
broadcasting. It also provides the ethical
privileges to be recognized as the maker of
convinced type of material and object to its
deformation or destruction. We all know the
importance of trademark, is kind of logo, design,
symbol, image with small text or combination of
these elements. In the corporate sector trademark
is one of the distinctive sign used to
distinguish various similar products and services
offered by the different companies. In domestic
as well as international level, these trademarks
are generally used to promote different goods and
services. trademark registration , tm name
registration, trademark logo registration is one
of the process of following rules and regulations
in order to register the unique logo or symbol
for a particular company.
4
In corporate market it is very important to get
unique trademark in order to maintain brand name
and good will in the international capital
market. Different countries comprise the
different rules and regulations for trademark
registration. In developing countries like India,
you will find various types of ipr law firms that
offer complete solution to corporate rules and
regulations for all types of business houses.
While registration of a particular trademark, one
has to mention a types of trademark whether is to
be sign, symbol, logo or combination of these
different elements. Along with this one has to
mention company name, addresses of business
houses and its branches, nature of business and
lots more. A trademark is usually
registered for the period of 15 years that must
be stated for renewal before the period of
expiry. Trademark and patent renewal renewal
involves few steps including registration number
of the trademark creature renewed, name and
address of the payer and finally the sum paid.
These three steps will bring you with the
trademark registration. The violation or
disregard the act of trademark registration up
grows the situation of trademark litigation. In
this competitive market, trademark litigation is
among the common fraud done by the most of the
business houses. Trademark litigation is the
process of claiming a dispute that arises on the
distinctive configuration of a trademark that has
been infringed. Sometimes it also takes a
situation of trademark infringement that arise a
situation of violation of trademark registration
act without taking a permission of trademark
owner. To come over with these problems, every
country follows the rule of trademark filing that
protects ones trademark from being exploited.
Under this scenario, trademark prosecution plays
an important role where you have to submit an
application of trademark registration along with
three copies of TM-1, statutory fees and five
copies of additional representation.
5
After six to seven months from the submitting of
a trademark application an examination report is
provided by the trademark registry in favor of
particular business house. This application needs
to be submitted before the mentioned date to the
office of trademark registration. Before
involving in these processes it is suggested to
get in touch with reputed and well known ipr law
firms in india in order to accompanied all types
of ipr law services. As this is one of the
powerful tools of the corporate market that needs
to be protected from being copied or misuse.
Therefore, be follow with all the rules and
regulations in order to get your trademark a name
protectd. A trademark is popularly recognized as
brand name, is a visual mark in the form of a
word or a device or a label applied to the
commercial goods or service to enable the
consumer public to identify one traders goods
from same goods of other traders. The Trademark
Act Trademark Rules seeks to grand for the
trademark registration of trademarks relating to
goods and services in India. The rights granted
under the Act, are working in the entire of
India. The marks devoid of any unique character,
or which are only indicative of the variety,
superiority, quantity, purpose, value or
geographical origin of the goods, or which are
marks already in trend in the trade due to their
customary use may not be registered. Trademark
registration gives the authority of its genuine
owner and they can go for legal proceedings
against its copied and misuses. The company can
file trademark litigation action as a part of
intellectual property rights. The company has
right to banned identifiable mark used by others
in any place of the nation as they are the right
authority of it. Every country has exclusive
symbols to signify the company in the national
and global market. The unique identity helps of
its consumer to distinguish products of their
company with other company. As per the rules of
patent litigation of laws, company can follow
proper procedure of legal action against the
misuse or duplicate copy of patent application.
6
The litigations act come under civil lawsuits. It
provides the facility of company in making their
individual identity and to solve disputes
controversy and issues. The Trademarks Act, 1999
provides security to the owner of a trademark and
imposes criminal liabilities for the infringement
of the trademark owners rights. To enjoy
protection, the owner of a trademark must
register the Trademark in Registrar of the
trademark registration in india. The Trademarks
Act is also applicable to the security of
certificate marks, service marks and collective
marks. The Trade Mark Registry Office executes
the statutory duties in connection with the
registration of Trade mark and other activities
related thereto. Trade Mark offices are situated
in Ahmadabad, Chennai, Kolkata, Mumbai and New
Delhi. Generally, brand refers to the trade mark
used to identify the goods or services among the
consumers. The business law firms group sells
their services or goods under the particular name
or brand that is called trade mark. Therefore,
the brand registration is useful to avoid the
duplication or use the same mark by others. Brand
registration is most favorable services in the
corporate sector. The patent is the unique act,
which allot to the inventor, the right of
exploiting its object exclusively, during a
determined period of time. patent registration
means that the invention cannot be commercially
used, made, distributed or sold without the
patent owner's permission. An owner of the patent
has complete right to decide who may - or may not
- use the patented invention for the period in
which the invention is protected. The patent
owner has power to permit or license, other
parties to use the invention on mutually agreed
terms.
7
Trademark refers to a distinctive sign or
indicator used by an individual, business
organization, or other legal due diligence entity
to assign their identity and rights over the
products or services. The trademark could be in
the form of a symbol, a sign, a logo design or an
image that serves as a marker of differentiation
from other similar stuff in the market therefore
the trademark ought to be original. The trademark
designation can be made using symbols such as
(for an unregistered trade mark, that is, a mark
used to promote or brand goods), ? (For an
unregistered service mark, that is, a mark used
to promote or brand services) and (for a
registered trademark). The trademarks are awarded
by a Government body, which looks after trademark
registration. Once the owner of a product or
services has registered his or her trademark, she
or he has legal rights over it. If someone tries
to copy the trademark, a legal case through
trademark litigation can be slapped on the
offender. Legal proceedings for trademark
infringement can be initiated on the basis of
appropriate and suitable laws. In the US, a
trademark is used with regard to services rather
than products may sometimes be called a service
mark. The primary function of a trademark is to
identify the exclusivity of the source from where
the product or service has originated. After
registration the product owner enjoys exclusive
rights over his or her manufactured good or
service provided to the customers. There prevails
a system of classification by the International
(Nice) Classification of Goods and Services into
45 Trademark Classes (1 to 34 cover goods, and 35
to 45 services). The idea behind this system is
to indicate and limit the extension of the
intellectual property rights by the determination
of goods or services to be covered by the mark,
and to unify classification systems around the
world.
8
Each country has its own set of trademark
registration laws and procedures and processes.
In the US, there are several steps preceding
trademark receiving its Certificate of
Registration. First of all the applicant has to
file a trademark application for the respective
trademark. The application is then thoroughly
examined by the U.S. Patent and trademark office
to pass it, a process which could take anywhere
between three to six months. The application
after successfully crossing this step goes to the
Opposition, to see that no third part stands
violated be the trademark under consideration.
Once the third part issues a no offence to the
trademark, it goes for registration under the law
offices. Other countries too follow a process of
trademark registration which is not substantially
different from the US. Most trademarks follow
under certain jurisdiction, outside which they do
not get an umbrella of legal protection. However,
a range of international trademark laws and
systems have been established to which facilitate
the protection of trademarks in more than one
jurisdiction. As the USPTO in the United States,
there is a database of registered trademarks in
every country which offers free trademark search.
There are also some fine international laws for
patent registration of goods and products.
patent drafting Application   Patents are a
form of intellectual property. When an individual
or a company, designs or innovates a unique and
novel invention, they can seek exclusive rights
of preventing others from selling, making,
distributing or using the unique invention.
Patent laws are different in different countries
but patents are granted based on the novelty of
the product or process. patent registration is
prescribed under the Patent Act.
9
A patent registration application can be filed in
a patent office by the inventor, patent applicant
or a registered patent agent. The process can be
tiresome hence taking professional help from an
agent is a good idea. Trademark Registration
Application Trademarks are designed to identify
and distinguish the products or services of a
company from all others. Trademarks stand for
quality and consistency and are like a face of
the company. People recognize and identify with
the companies through their logos. Trademark
registration is important to secure it from all
infringements. trademark application and
registration can be filed with the Trade Marks
Registry and should be renewed every ten years.
Trademark application is filed along with a
registration fee. Trademark registration
application can be filed online too. If the
company satisfies the rules under the trademarks
Act, the trademark is registered and
secured. Copyright Registration Copyright
registration is done to secure the rights of any
type of work, for example literary, musical,
computer software, dramatic, architecture etc .
The objective of copyright registration is to
have a verifiable and valid account of the
content and date of the relevant work, so that if
anytime in future, the content of the work is
copied in parts or whole, the creator can produce
the original content from the official government
source. Copyright registration with intellectual
property law firms and is done under the
copyright Act. One can consult a registered agent
to help with the process.
10
company registration The number of small
businesses has grown manifold. Several bright
minds are coming up with innovative ideas and
deciding on running their own business rather
than working on a pay roll. Newer companies are
being set-up and are being run efficiently after
llp registration. After deciding on the mission
and vision of the company which may comprise of a
group of like-minded people, the next step is to
register the Memorandum and Articles of
Association with the State Registrar of Companies
of the state in which the main office of the
company is to be built or located. company
registration is done under the Companies Act of
1956. PCT patent filing All patents are a
form of intellectual property and should be
protected from unauthorized selling, making,
using or distributing the novel and unique
invention in parts or whole. The patent
cooperation treaty being an international law
treaty lists down procedures for all patent
applications. pct filing is made with a Receiving
Office in just one language. A search is then
done by the International Searching Authority for
the patentability. An examination is done by the
International Preliminary Examining Authority and
then finally the patent is issued by the regional
authorities. The procedure can be quite tiresome
hence professional help is a good idea.
Copyright, the operator of India offers a wide
range of materials and other services to the
financial or material to give them the right to
control use of their material in different ways
to grant or copies to the public, radio, or use
online for the public.
11
Furthermore, registration of copyright in India
also offers a moral to the maker of positive
types of materials and also to oppose the
mutilation or distortion. The resources are
secluded by copyright copyright registration in
India gives registrants copyright for financial
benefits for their efforts and thus further
promote the creativity. Copyright services in
India would be automatically protected from
copyright material, if properly and legally
registered gives all rights to the materials
themselves. Therefore, be sure to select the
agent correct copyright in India who can legally
and successfully complete the submission of
intellectual property services in India. The
question, however, is that you need to show that
you own the copyright to the work. Copyright
registration provides unprecedented evidence. If
you decide to hire a lawyer or law firm india to
register their copyrights, then you may also
receive legal services that might be useful. For
example, if somebody steals your idea, which
already has a qualified attorney to defend
property rights in court. Similarly, if an
important person looks to claim he stole their
idea, so you have a defense lawyer, who was
directly involved in the process of copyright
registration. More protection for lawyers, you
can add, it is likely that copyright is served
well. A trademark is usually taken for a period
of 15 years, it has to be said for the renewal
before the deadline expired. trademark renewal is
only a few steps, including the registration of
the mark renewed creature's name and address of
the client and ultimately the amount of the
deposit. These steps are to take you with
trademark registration. Offense or ignore Action
trademark registration trademark disputes growing
situation. In this competitive market is a
trademark of disputes between the common scams by
most business houses.
12
Trademark disputes is the method, an argument
from the distinctive configuration of a mark has
been breached calls. Sometimes it is also a
position is taken on the violation of trademarks,
trade a situation of violation of trademark
registration, without a license from the
trademark owner. New company registration is
the basic step to determine the structure of a
company and it is an entity that enjoys legal. In
this way the company can start doing business in
india, new company registration can be done
physically or by electronic means filing the
necessary documents and put forward the necessary
details together with the mandatory duty to
Companies House, which is the competent
authority. Online trademark search is important
because you must choose, if another company is
already the mark identical or alike to the
corporation or manufactured goods name, you have
to use. Free online patent search can help you
complete information about trademarks.
Comprehensive Trademark search India plant
those where the search in India Trademark
Registry database, which includes all issued
Trademarks Until trademark applications in the
Official Journal published or unpublished covers.
13
Thank You Address Global Jurix LLP Law Firm
IndiaS-191 C, 3rd floor, Manak ComplexSchool
Block, ShakarpurNew Delhi - 110092Tel 91-11-3
202-3503, 91-11-2248-1711E-mail info_at_globaljur
ix.com
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