Intellectual Property

Intellectual Property



Trademark Registration


  • A trademark is a word or symbol used by a business to distinguish its goods or services from other competitors. Business names, brands and logos can easily be trademark through Taxzilla Accounts Solutions by filing an application online. Once a trademark application is filed, the trademark applicant can begin using the ™ symbol with the brand. On registration of a trademark, the mark becomes an asset of the company and is protected against misuse under the Indian law. Thus to protect a brand or business name from being copied by others, the inventor of the must apply for trademark registration. The process for trademark registration involves various steps and follow up with the Government. Hence, it is essential to hire an expert for trademark filing to maximise chances of obtaining trademark registration. Taxzilla Accounts Solutions has filed over 50,000 trademark application in India and helps various businesses with a complete suite of services to manage their brand names.
  • A trademark application can be filed by any person or legal entity. The person or legal entity can also be a foreigner or foreign entity. Further, trademark applications can also be made for marks that are proposed to be used by the applicant in the future.
  • Before beginning the trademark registration process, it is essential to check if an identical or similar mark is registered by any other person to avoid any litigation. An Taxzilla Accounts Solutions Trademark Consultant can help you easily complete a trademark search and provide advice on the classes under which the trademark registration should be made.

Trademark Objection:


  • 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 within 30 days. The reply to the Trademark Examination Report should contain reasons, facts and evidence as to why the mark should be registered in favour 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.

Trademark Opposition:


A trademark application filed by an applicant can be opposed by any person for various reasons during the trademark application stage . The person filing the opposition need not have any commercial or personal interest in the matter or be a prior registered trademark owner.

According to Section 21 of the Trademark Act, “any person” can file a trademark notice, irrespective of commercial or personal interest in the matter. The question of bona fides of the opponent does not arise. Hence, trademark opposition filing can be filed by a customer, member of the public or competitor or any other person. Also, the person filing the trademark opposition need not be a prior registered trade mark owner.

Trademark Renewal


A trademark is used by a business to distinguish its goods or services from other similar goods or services from a different business. The trademark symbols, logos, labels, names are represented with an “R” at the end. A trademark can be registered under the Trade Marks Act, 1999. The trademark cannot be registered if it is found offensive, non-distinct and contains government emblems.

The validity period of trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. The registered trademark can be renewed for another 10 years with proper documentation and meeting the required criteria. Let us have a look at the procedures to the renewal and restoration of trademarks in this article.

OTHERS

Copyright Registration


There is a surge in the amount of intellectual property being registered in India due to an increase in awareness among people about intellectual property laws and the advancement of technology, allowing for online registration of many of the type of intellectual property being created. Copyright registration is one of the key types of intellectual property protection and allows for the protection of literary, dramatic, musical and artistic works.

Design Registration


Design registration is a type of intellectual property protection, under which a newly created design applied to an article 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

Provisional Patent


While applying for patent registration, one of the important legal documents to be filed is the provisional or complete specification. Specification may be filed either as a provisional or as a complete. A provisional specification is filed along with a patent application if the applicant feels that the invention has reached a stage wherein it can be disclosed on paper, but has not attained the final stage. Provisional specification is filed along with a patent application to secure a priority date for the application over any other application which could be filed in respect of the same invention being developed concurrently.

Patent Registration


Patent registration can be obtained in India for an invention. Patent registrations are not applicable for all inventions, and the invention must satisfy certain criteria to be patentable in India.

Find trademark class for over 8000 goods and services


A place of business within a State, Corporation or Municipality will require a trade license from the concerned State Government or Corporation or Municipality for operating. Rules and regulations pertaining to trade license varies from state to state. Hence, to obtain trade license, the applicant must first understand the jurisdiction under which he/she is operating the business and the applicable Act.

In most states, the application for grant or renewal of license will be made to a Commissioner in the Corporation. The application must be made within 30 days of starting to operate a business. On applying with the required information and documents, the concerned Officer will ensure that the business is suitable for the purpose used, there is no possibility of danger or nuisance for any person around and issue the license. Trade license would normally be issued within a period of 7-15 days on submission of application. Taxzilla can help you obtain trade license for your business. Get in touch with an Taxzilla Advisor to know more about the rules and regulations applicable for your business and begin the process of applying for a trade license.

ISO Certification


The ISO 9001 certification is the world's most best-known quality management standard for companies and organizations of any size.

This is one of the certificate, every company wants to be certified from small to large scale company.

ISO 9001 Certification not just full fills the requirement of government tenders but give marketing edge over competitor by improving customer experience with products and services availed.