TRADEMARK

Trademark Services

Every business needs a TradeMark that represents it and distinguishes its products from those of others. The TradeMark that you choose has to be unique and should help your audience identify your brand instantly. A number of thinks are involved in designing a TradeMark and they include logo, tagline, shape of goods, packaging, color combination and signature. Also, it has to qualify for registration under the TradeMark Act of 1999 and comply with the rules.

 

Trademark registration India can be a complicated process if you are to do it by yourself. The best way would be to hire a professional service that is experienced in international trademark registration.  Such a service will know the entire process of trademark application India.

 

The process of trademark registration India starts with trademark search.  You have to identify the right class for your business and product and then file your application. Once the application has been examined there will be a personal hearing to approve the TradeMark. After approval the TradeMark will have to be advertised in the TM journal. Finally you get the TradeMark certificate.

 

TradeMark infringement is one of the things that bother many businesses that have trademarks. This is where a TradeMark service such as Origiin can help. We have a team of qualified attorneys who are experienced in handling trademark litigations India. They are all aware of intellectual property rights and offer proper advice that can lead you out of difficult situations.

 

Any unauthorized use of your TradeMark or the use of a very similar mark is known as Trademark infringement. By causing a likelihood of confusion in the minds of your average consumers, such an act can make it difficult for you to sell your goods and services in the market. The only way to stop an infringement is to file a lawsuit against the infringing user. This will stop further use of the infringed TradeMark and get you some money as damages for wrongful use of your TradeMark.

 

As long as the TradeMark in question is protected under the Lanham act, you can bring in the infringement action to a state court or a federal court. However, it takes a professional who is well-experienced in trademark litigations India to prove that the defendant’s use of the infringed TradeMark is causing a likelihood of confusion in the minds of the average consumers. With Origiin’s excellent team of attorneys, this can be a cake walk for most businesses.

Startup India Government Public Sector

The government has so far recognised nearly 14,600 startups under the Startup India initiative to provide funding, and a fund of funds (FFS) of INR 10,000 crores has been setup. Also for the growth of Startup India proposal, the Government departments and ministries are collaborated to channelized resources and knowledge. Thereby, encouraging the innovators and entrepreneurs by supplementing with various provisions such as..

More: https://www.origiin.com/2019/02/13/startup-india-government-public-sector/

 

FDI Policy 2017 Introduces Start-Ups – Government, Public Sector

FDI policies of 2017 have introduced a separate section for “Start-ups” and have made a provision for the start ups to attract foreign investment and raise 100% capital from foreign venture capitalists by issuing convertible instruments. The start-ups can issue equity or equity linked instruments or debt instruments to the FVCs in exchange for foreign remittance. Start-ups are allowed to raise 100% funds from FVCs who are registered under SEBI, in automatic route. If a start-up is organized as a partnership firm or a Limited Liability Partnership (LLP), the investment can be made in the capital or through any profit-sharing arrangement. FVCs may also invest under the FDI Scheme, as non-resident entities, in other companies, subject to FDI Policy and the FEMA.

FDI Policy 2017 Introduces Start-ups – Government, Public sector

Labeling product as “Patent Pending”

From the date of filing of patent application to the grant is a long procedure and often disappoints the inventor for the reason that grant of patent is going to take long time and securing patent of his interest becomes a great worry till then. However, when a patent application is filed (provisional or complete specification), patent office issues a receipt on which date of filing or priority date is stated. It is worth noting that from that date, the product for which patent has been applied for or product made by a process for which patent has been applied for can be marked as “patent pending” or “patent applied for” as a warning or a notice, meaning that patent has been applied for but not yet granted.

More:  https://www.origiin.com/2019/01/10/labeling-product-as-patent-pending-2/

Filling a Trademark under Madrid Protocol in India

The Madrid Protocol provides a platform to the trademark owner to seek registration in the countries that have joined the Madrid Protocol, by filing a single application (currently, over 90 countries are members of this treaty). The alternative way to seek registration is to file an individual application in each country, this onerous and expensive process has been mitigated to a large extent after India become a member of the Madrid Protocol. To file an application under the Madrid Protocol through India the following things are mandatory:
Read more : https://www.origiin.com/2019/01/18/filling-a-trademark-under-madrid-protocol-in-india/

 

Patent or Trade Secret ?

Most of the industries in the business of formulations always find it tough to select right way (either to protect it with classical IP rights, for example by filing for patent protection or to keep it as a trade secret) of protecting innovations. Filing for a patent requires them to disclose the process whereas maintaining a trade-secret may be tough to do. Further, if any of their competitors come up with the same process, files for a patent, they can stop everyone in the market from using the same process. Well, it’s a difficult choice at times to select between patent and trade-secret. Some commonly known tips which might help the innovators:

for more: http://www.origiin.com/2018/12/13/patent-or-trade-secret/

Selecting between a Trade-secret & Patent?

Most of the organizations often find it tough to select the best way of protecting their innovations. The decision of keeping it a secret or filing for a patent is something that pops up again and again. Filing for a patent requires them to disclose the innovation whereas maintaining a trade-secret may be risky for business. Further, if any of their competitors develop the same innovation and file for a patent, then the original organization can be stopped in the market from using its own innovation.

http://www.origiin.com/2018/11/14/selecting-between-a-trade-secret-patent/

Compulsory License: A lifeline from Patent to Patient

Patents of pharmaceutical products provide a limited term of protection and prevent the generic companies to access the patented drugs without authorization. However, this monopoly should not prevent the reasonable access to the patented products and to address the health issues of the public. The exception to this monopoly is provided by the ‘Compulsory License’ under the Patent Act, which allows the generic manufacturers to use or manufacture the patented drug upon fulfillment of certain conditions.

For more: http://www.origiin.com/2019/01/31/compulsory-license-a-lifeline-from-patent-to-patient/

Protecting The Intellectual Property Of Jewelry Designs In India

The applicant has to file one application with the photographs of the jewelry design with the design office. The class of goods (11-01 for jewelry). Further, the design Office will evaluate the application on the basis of the requirements mentioned above. If there was no objection raised by the design office, then the design will be registered and published in the designs journal. If there is any problem with the jewelry design, then the examination report with objections will be raised by the design office and a hearing may be done. The registration process for most of the design cases will take time between 6 to 10 months.

for more: http://www.origiin.com/2019/02/09/title-protecting-the-intellectual-property-of-jewelry-designs-in-india/

 

PATENT THE INTERNET OF THINGS IN THE FOOD INDUSTRY

Though the IoT have numerous benefits across all fields, however patenting the innovation involving IoT is a daunting task. The challenge of patenting an IOT based innovation arises because the IoT based innovation comprises numerous devices, programmes and system, all interacting together. Since it is a complex innovation, building a strong patent portfolio requires a thorough thoughtful strategy.

http://www.origiin.com/2019/02/21/patent-the-internet-of-things-in-the-food-industry/