Monday, 29 January 2018

What is the registration of intellectual property?

Registration of a trademark provides its owner with exclusive rights to this object of intellectual property for a period of 10 years (re-registration is mandatory). After registration of intellectual property rights to registered objects can be transferred to:

  • License agreement. This agreement on the transfer by the licensor (legal owner) of the licensee of the rights to exploit the products of his intellectual labor within the agreed framework. Licenses are divided into simple (transferred to an unlimited number of people) and exceptional.
  • Agreement on the alienation of exclusive rights. It involves the transfer of the entire volume of rights to the object of intellectual property. Alienation of exclusive rights is allowed both on a reimbursable and unpaid basis.
  • The contract of the author's order. Such agreements are concluded when one person creates an object of intellectual property - invention, utility model, literary text or film - on the order of other persons. This may be an agreement on the transfer of exclusive rights to the product; agreement on the alienation of exclusive rights to the product; agreement on the transfer of rights to use it without alienation of exclusive rights and the possibility to use them.


How to protect intellectual property after registration?

In the event that the claimant's copyright to an object of intellectual property is controversial, a trial is necessary. In the course of this procedure, this author is established, and the author is given the opportunity to use his rights provided for by law in its entirety; the perpetrators of copyright infringements are brought to justice, and their illegal activities are stopped; if there was damage and moral damage, the perpetrator is awarded compensation for them in favor of the injured party.

Losses, missed profit of the right holder are typical consequences of trafficking in counterfeit products. Its production and distribution can be prevented. To do this, the trademark owner must register it with the IPR firms in Kolkata. If the application is approved, the trademark will go to the Customs Register of Intellectual Property Objects, and its export and import come under the control of the customs service.

Imports of counterfeit products are subject to administrative liability and fines, the goods themselves can be destroyed (if the right holder requires it), and their supplier is listed in a special black list that is available to the customs authorities. It is best to consult reputed IPR firms in Chennai to ensure a reliable registration.

State regulation of industrial property is slightly different from that for copyright objects. Without registration, industrial property does not receive legal protection from the state. The law provides for several types of registration of intellectual property: patenting of inventions, registration of trademarks, registration of copyrights, etc.


The security documents received on the basis of these procedures (unless the registration was refused), provide proof of authorship and confirm the right of the licensee and the right holder to dispose of objects of intellectual property.

Monday, 22 January 2018

Recommendations and information about trademark registration in India

The rights in a trademark in India will be the person or company that makes the first use of the trademark within the territory. Although it is not mandatory to register the trademark in India, in practice it is highly recommended that it be done. It is so that whoever registers it enjoys a legal presumption regarding the ownership of the trademark registration fees in India, prevent future claims regarding ownership of the same and facilitate the presentation of actions in cases of trademark infringement or trademark abuse by third parties.

It is not required that a trademark has been previously used in India for registration. However, use of the mark may be useful in overcoming objections based on lack of distinctiveness. Prior use of the mark may serve to demonstrate that it has acquired distinctiveness through use.

It is recommended to file a trademark use declaration during the term of a trademark. The intellectual property registration in India is done through the General Controller of Patents, Designs, and Trademarks of India. If you register a combined mark (including both word and figurative elements) in India, the exclusive right to use the mark is limited to a use of the mark in the configuration or exact mode to which it has been registered.

If you want to use the word elements of your brand separately from the figurative or design features (or vice versa), it is advisable to register another mark that includes only those elements that you want to use separately.


It is important to note that if a third party eventually tries trademark registry India that includes elements that may be considered similar to yours, in connection with similar products or services, as the owner of a trademark will have the right to file an opposition action based on the similarity that the mark of the third party has with his. The chances of success of such actions will vary depending on the circumstances of each case.

Thursday, 18 January 2018

A trend or necessity for a company- Logo trademark registration?

Development and registration of the logo is an essential stage in the activity of producers. Modern trends require that companies be recognizable, and the brand plays a significant role here. But many organizations use other people's logos without permission to attract attention to their product. In this regard, you simply need to register a logo that allows you to officially fix the rights for the company that created this symbol.

Logo registration is a trend of fashion or necessity.

Undoubtedly, a logo is a means of individualizing not only trading enterprises but also any other company. But is logo registration in Hyderabad necessary? Is not it just a trend of fashion that makes the company go through a completely unnecessary procedure for registering the logo? Let's figure this out.

First, we will find out what is the registration of the logo. A logo is an image, which, more often than not, consists of an inscription made in a certain style. Thus, it turns out something in between the text and the picture.

Trademark registration in Hyderabad is carried out, proceeding from representations that any logo is unique. That is why famous brands become recognizable, memory instantly reacts to their logos, reproducing the type of product, slogans, sometimes even smells and taste qualities of the goods. And although the name itself is something that reminds us of the company, it is the logo that can turn a word into a complete visual image, because most of the information people perceive visually.

Thus, in itself suggests the conclusion that registering a logo is not just a trend of fashion, but a necessary measure. Registration of the logo gives an official, statutory grounds for insuring your company against the activities of competitors and scammers, which could spoil its reputation.