A trademark is a distinctive sign, design or expression which distinguishes products or services of a particular trader from the similar products or services of other traders. It ensures that the owner of the trade mark have the exclusive right to use them or to authorize others in return of payment to identify the goods and services. trade mark is legally enforced by the court.
Applicability
It is applicable on all the industries. It is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. Trademarks which are considered offensive are often rejected according to a nation's trademark law.
Process of registration of trade mark
First, an application for registration of a trademark must be filed with the appropriate national or regional trademark office. Upon filing of the application, the registry will issue us with an official receipt with the filing date and number allotted to the application. The application is then formally examined by the Indian Trade Marks Office, to check whether the trade mark is similar to existing marks. If an objection to registration is raised, an official examination report will issue. To overcome the objection, it is necessary to file a written response or presenting evidence of acquired distinctiveness and in most cases, an interview/hearing with the examiner is posted. The Registrar may require the applicant to file an affidavit testifying to such user with exhibits showing the mark as used. If in the examination, the trade mark application is considered allowable, a Letter of Acceptance (TLA order) will issue, after which the trademark will be published in the Trade Marks Journal. If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate will issue.
Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. It is for a specific limited period of time. The copyright protects the creators of the work, their legal heir and their successors, and them certain rights under this act. They have the exclusive right to use or authorize others to use the work on agreed terms.
A Copyright Owner's Rights
The primary goal of copyright law is to protect the time, effort, and creativity of the work's creator. As such, the Copyright Act gives the copyright owner certain exclusive rights, including the right to:
- Reproduce the work
- Prepare "derivative works" (other works based on the original work)
- Distribute copies of the work by sale, lease, or other transfer of ownership
- Perform the work publicly
- Display the work publicly
Registration of copyright
Copyright and related rights protection is obtained automatically without the need for registration or other formalities. However, Copyright and related rights protection is an essential component in fostering human creativity and innovation. Giving authors, artists and creators incentives in the form of recognition and fair economic reward increases their activity and output and can also enhance the results.The application to register a copyright contains three basic elements:
- The application form,
- A non-refundable filing fee, and
- A non-returnable "deposit" of a copy of your work
The best way to register your copyright is to do it online through the electronic Copyright Office (eCO). Online filing has several advantages including a quicker processing time, lower filing fees, and the ability to track your status online.
A patent is an right granted by the government for an invention – a product or process, giving the owner the right to exclude others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention.
Applicability
All industries, e.g. chemicals, drugs, plastics, motors, turbines, electronics, scientific equipments, communication equipments, etc. Patent rights are usually enforced in courts that, in most systems, hold the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party.
Process to get a patent granted
Firstly, to secure a patent an application is filed at a patent office with the jurisdiction in the geographic area over which coverage is required, which generally contains the title of the invention, as well as an indication of its technical field. It must include the background and a description of the invention, in clear language and enough detail that an individual belongs to that field could use use and reproduce the invention. The patants are granted by national patent office or regional office. The application is filled to such regional system to protect the invension in one or more countries.