INTELLECTUAL PROPERTY
Intellectual property is a means by which you own your business identity, technology, works of authorship, logo, slogans, trade dress, and any other practical expression of the ideas that drive your business forward.
It is a vital to all levels of your business. From your initial business plan to trademarks, patents, and copyright, having the right representation and knowledge to protect those things that make your business unique is essential to your success.
TRADEMARK
Trademark Registration - Online Filing with Expert Help
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 registrable 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 registrable 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 with a right to sue for damages when infringements of trademarks occur. Once a trademark is registered, R symbol can be used and the registration will be valid for 10 years. Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for a period of another 10 years.
R.K. & Associate is the market leader in trademark filing services in India, offering a variety of trademark services like trademark filing, trademark objection reply, trademark opposition, trademark renewal and patent registration. Get a free consultation for trademark registration by scheduling an appointment with an R.K. & Associate, Trademark Expert.
Trademark Rectification
Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish its goods or services from other similar goods or services originating from a different business can be protected. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application. If any concerns are noted on the trademark application, the Examiner would mark the application as Formalities Chk Fail and request rectification of the trademark application. If there are no concerns, the Trademark Examiner could also allow for the trademark application to be advertised before registration or raise an objection for registration.
Hence, in cases wherein the Trade Mark Registrar marks the application as Formalities Chk Fail or Send Back to EDP, the applicant has an opportunity to rectify and resubmit the trademark application. The rectification deed to the Trademark Examiners note must be prepared based on the reasons and facts as to why the mark was not allowed for further processing. If the Trademark Examiner finds the rectification sufficient and addresses all the concerns raised by him/her, application is allowed to be processed and marked for examination by a Trademark Examiner for preparing Trademark Examination Report.
R.K. & Associate is the leading business services platform in India, offering a variety of services like company registration, trademark filing, tax registration, tax filing and capital syndication. R.K. & Associate can help you rectify an existing trademark application. The average time taken to draft and file a trademark rectification is about 5 - 10 working days, subject to government processing time and client document submission. Get a free consultation on filing a trademark rectification by scheduling an appointment with an R.K. & Associate Advisor.
Trademark Objection Reply
Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish it goods or services from other similar goods or services originating from a different business can be protected. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application and issue an Examination Report. Among the outcomes, the Trademark Examination Report could allow for the trademark application to be advertised before registration or the Trademark Examiner could raise an objection for registration of the mark.
In cases wherein the Trade Mark Registrar raises an objection for registration of a trademark, the applicant has an opportunity to submit a written reply for the objection raised. The reply to the Trademark Examination Report should contain reasons, facts and evidences as to why the mark should be registered in favor of the applicant along with supporting evidence, if any. If the Trademark Examiner finds the reply sufficient and addresses all the concerns raised by him/her in the Examination Report, the application would be allowed to be published in the Trademark Journal, before registration.
R.K. & Associate is the leading business services platform in India, offering a variety of services like company registration, trademark filing, tax registration, tax filing and capital syndication. R.K. & Associate can help you respond to the objection raised by a Trade Mark examiner. The average time taken to draft and file a trademark objection reply is about 5 - 10 working days, subject to government processing time and client document submission. Get a free consultation on replying to a trademark objection by scheduling an appointment with an R.K. & Associate Advisor.
Trademark Renewal
Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish its goods or services from other similar goods or services originating from a different business can be protected. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application and provide registration under the Trade Mark Act. On registration of a trademark, the R symbol can be used along with the trademark and the registration is valid for a period of 10 years. During registration, in case of infringement of trademark, a suit can be filed to prevent misuse of the mark.
Trademark renewal must be filed before expiry of the mark. The trademark renewal application form must be prepared and filed before deadline to enjoy seamless protection of the trademark without any chances of litigation.
R.K. & Associate is the leading business services platform in India, offering a variety of services like company registration, trademark filing, tax registration, tax filing and capital syndication. R.K. & Associate can help you renew an existing trademark. The average time taken to draft and file a trademark renewal is about 5 - 10 working days, subject to government processing time and client document submission. Get a free consultation on filing a trademark renewal by scheduling an appointment with an R.K. & Associate Advisor.
OTHER ENTITIES
Logo Designing
Logos are distinct and memorable designs that are used to represent a business or enterprise. Logo designing is the process of designing a logo and is among the first tasks undertaken while starting a new venture. Hence, logos are the face of any brand - the very first impression and when executed correctly, serves a very powerful asset to the business. Further, in today's digital words, businesses have to compete for attention and credibility - far beyond the traditional confines of a business card, brochure and website. Today's businesses must address its customers through multiple touch points like sign boards, videos, mobile apps, ecommerce platforms, packaging and a myriad of social media pages like Facebook, Twitter, Google+, LinkedIn and YouTube. Hence, its important to take time and design a logo that represent the company while starting a new venture.
Some of the important points to consider while designing a logo are the target audience, culture of the company, company's color scheme, font choice, business name and tag line. Logo's need not incorporate the business name or tag line. However, in case the logo must be registered as a TradeMark, then it must incorporate the business name.
R.K. & Associate is the leading business services platform in India, offering a variety of services like trademark registration, business registration, tax registration, tax filing and capital syndication. R.K. & Associate can help you design a logo. The average time taken to complete a logo designing is 3 - 7 working days, subject to client approval. Get a free consultation for logo designing by scheduling an appointment with an R.K. & Associate Advisor.
COPYRIGHT REGISTRATION
Copyright is a form of intellectual property protection like trademark and patents. A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright give the owner of the work certain safeguard to ensure the intellectual work is protected and creativity is rewarded. Copyright includes a bundle of right like the rights of reproduction, communication to the public, adaptation and translation of the work.
In India, Copyrights are registered under The Copyright Act, 1957. The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. However, ideas, procedures, methods of operation or mathematical concepts cannot be copyrighted. Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Design Registration
Design registration is a type of intellectual property protection, under which newly created designs applying to a articles created under an industrial process can be protected from counterfeiting. Under the Design Act, 2000, a shape, configuration, pattern or ornament or composition of lines or colour or combination applied to any article can be registered. For a design to be registered, it must satisfy the following conditions: it must be new and original, the design should relate to features of shape, configuration, pattern or ornament applied to an article, the design must be applied to any article by an industrial process and the design must be visible and should appear on an article.
Design registration provides the creator, exclusive rights over use of the design for a period of ten years, that can be further extended for a period of five years. In case of infringement, the owner of a registered design can seek legal remedy under the Design Act.
R.K. & Associate is the leading business services platform in India, offering a variety of services like trademark registration, business registration, tax registration, tax filing and capital syndication. R.K. & Associate can help you register a Design. The average time taken to draft and file a design registration application is about 10 - 15 working days, subject to government processing time and client document submission. Get a free consultation on filing a design registration application by scheduling an appointment with an R.K. & Associate Advisor.