Here in this blog I am going to discuss some Top tips about IPR services. Intellectual property rights in short we can termed as IPR. It is the rights of human intellects. The human intellects include creative concepts, industrial models, inventions, trademark, designs, symbols, names or anything in the world which is the result of human brain power. Human brains are the most powerful one that have no parallel thing in the world. The property rights and other intellectual property rights are same, there is no extra alteration in between that.
Why we are using IPR? Did you ever thought about that? Yes, intellectual property gives the full rights to the owners who is developed and crystalized the product or services. It is a right to take action against the unknown dealings, tampering, and violations on the registered product from the third parties. The owner of the service/ product of trademark can sue, take actions in legally, or compensate for any damages. Shortly we can say “The right to force them to stop”.
I believe that you get an overall idea about this. Let us jump into another session of IPR History.
IPR History- Top tips
IPR is not a new concept. It was started in North Italy during the Renaissance era. In 1474, Venice issued a new law for patent protection and it enabled the exclusive rights for the owner. Likely, Johannes Gutenberg invented a new printing press and its copyright was dates back to 1440 A.D. Later in the 19th century most of the countries started to felt that IPR is necessary in the upcoming era. After that they started to establish certain laws which are laying down the IPR Services. The two conventions are signed in worldwide to modulate IPR, Which are Paris Convention and the Berne Convention. The Berne Convention is mainly for the protection of Literary & Artistic Works. Paris Convention is mainly for Protecting Industrial Properties.
Protection of Intellectual Property rights
Protection of Intellectual Property rights in the sense the innovator, brand owner, patent holder and copyright holder gets some benefits from their work. These rights are mentioned in the International Declaration of Human Rights and it offers certain benefits for the protection of moral and physical interests.
What is counterfeiting and Forgery?? What is its difference? Some Top tips
The forgery of trademark in the sense complete transfer of the original one or the main parts of the main one. But definitely the forgery mark resembles the original one. Counterfeiting in the sense creating a duplicate one and place it on the goods and services which are exactly same as the original one. Peoples sometimes used to questioning such duplicities.
Intellectual properties are categorized in two divisions.
Industrial properties and the copyrights. The industrial properties includes inventions, trademarks, industrial designs, models and geographic indications. Copyrights are mainly for literary and artistic works. Namely, novels, poems, play films, paintings, music, cartoons, comics, photographs and other architectural designs. All the other related rights are included in the copyright law. The rights of phonograms in their recordings, and the rights of broadcasting organizations in the radio and television etc are included in the copyright laws.
What is a Trademark?
Trademark is a sign it individualize the goods or service from others. It is a unique representation of branding. The trademark should be unique, natural and not immoral.
It is a statement of the product which indicates that the given product is originated in the given geographical area.
What is an Industrial Design?
It is the aesthetics of a product. It consist of the three dimensional and two dimensional of the product’s element. Three dimensional such as creativity of the production shape and the graphics and the colours as well.
What is a patent? Have you ever had an invention?
Patent is an exclusive right from the government to reserve and preserve the patent from other being in unwanted usage. The patented invention should be in the Public closure in a certain period of time.
The trade name is just like our name. Sound crazy? Yes it is true. We all are using our names to introduce ourselves or be different from others. Likewise, the trade name or the company name also used to distinguish the business from others.
What is a trade Secrets?
The trade secrets are the information of the commercial value of the products or services which are unknown. The owner of the trade secrets are having the full responsibility to main the confidentiality of the product and services.
Top tips of Copyright
Copyright is the form of intellectual property rights which modulates to protect the works of human intellect. Mostly copyrights are reserved for the paintings, artistic works like wrings, music, fine arts etc. the copyright also acquired for computer programs and electronic databases. The related rights are resembles with the copyrights. Its main aspect is to convey the messages or protect the messages of the certain individuals like performers, producers and broadcasters. Helping to drive their messages into the public world.
The unfair competition is the competition of divergent against the honest practices in the commercial and industrial markets.
Importance of IPR Protections
- The innovations for patent may lead into new and advanced Human progress.
- The legal protection of existing patents encourages the safe spending on other upcoming innovations.
- The protection encourage us to achieving economic and social development.
Forgery Techniques in patents are varying depending on the nature of the product, the techniques of the perpetrator and the tools they are used for etc. The techniques varying according to the types and originality of the duplication. Technology has a big role in making the forgery products.
Forgery Techniques – Top tips
The external structure of the authentic equipment and replacing certain internal parts.
Fix glue tape on the back side of the equipment to avoid anyone from opening it and violating the equipment parts.
Copying the packaging of original product and place the fake products inside.
Forging the original company name and brand name then affix it onto the forged product then trade the data.
Collect the empty original containers and fill them with forged products and repackage it using the modern technologies.
Reusing technology is applying here. The reusing technology should be applicable on the used spare parts and make them as new one. Then sell as original parts.
Removing the expiry date and paste the new expiry date and started to selling.
Four types of Intellectual Property Rights
There are four types of IPR Services.
- Trade Secrets
The initial type of intellectual property is trade secrets. At that time all the inventions are started as a trade secrets of the inventor. Each inventors are having a great desire to keep their ideas as secrets. If you want to market your ideas then you should have to get any of the intellectual property right. That can be Patents, copyright, trademark and Design.
Intellectual properties and its Use
To protect your ideas you have to launch any one of the intellectual property before you commence your marketing activities. If you want to protect your ideas or device you can go ahead with patent. There are multiple types of IP rights which are used to protect an invention. Most of the peoples are unaware that they can protect the invention using multiple types of IP rights. Most of the products are protected using these 4 types of IPRs.
Let us take an example of Coca Cola. The brand Coca Cola is a trademark and the packaging art is the copyright. Formula for the actual soda is trade secrets, the shape of the Coca Cola bottle can be protected via Design Registration and Trademark Registration. Your product can be protected by one or more types of the intellectual property rights. But it is important to know which idea is suitable for the patent protection, trademark protection, Copyright registration and design protection. Make sure that the type of intellectual property suits your invention.
Trade Secret protection
What is a trade secrets? Do you know about that? what is the relation between trade secrets and trademark registration? Let us check what trade secrets is and where it is used. Trade secrets are the valuable data which are not publically known and the owner has the power to maintain the privacy. It includes information such as business plan, customer list, development lifecycle etc. Trade secrets are not registered with government bodies. All you need to do is establish your information just to treat as trade secrets. Only your competitors who need the information should access the trade secrets information.
The non-disclosure agreement is the main for a Disclosure agreement. When someone misappropriate with your ideas you can approach to the court and that the information qualifies as your trade secrets. You can verify and submit that the information was misappropriated and was valuable and also you can show the steps you took to keep it secrets. The trade secrets of the owner must prove that the confidential information fits the definition of the trade secrets.
Protecting the Data
Trade secrets protects the information until the data is no longer available, data is not secret, or the owner takes reasonable steps for its privacy. Trade secrets law of trademarks and other products are mainly for protecting and securing the trade secrets information. The wrongful act may accompany the acquisition of the information. If anyone conduct a forgery of trade secrets from its owner, then he can charge against him. If the owner voluntarily giving any trade secrets to the individual then he can pursue the information without any limitations and in between that there is no misappropriation. The owner cannot charge any case in such situations. There is a chance to lose the information status as trade secrets. It occurs when there is less time or efforts to keep the information secret or the information is no longer a secret.
When to protect your trade secrets apart from securing the patent?
Most of the inventions in the market starts as trade secrets and is used for short term protections. Inventors most often revealing their innovations to the public and patent attorneys. This is a good instinct that should possess by every inventors. Trade secrets are not suitable for the long term protection of ideas which are created by reverse engineering mechanisms. If the data is created by independently then there is no nefarious act. If there is no nefarious act then the data acquisition of the trade secrets do not have any improper impact.
Generally, the trade secrets are not optimal for mechanical and software products. Because it uses a same user interface that is available to the public and can be reverse engineered. The trade secrets are optimal and sufficient for ideas and inventions that can be used secretly and could not been reverse engineered. Trade secrets protections are optimal and sufficient for inventions and can be used secretly and do not used under reverse engineering mechanisms.
Your brand need to be protected then only you can avoid much more investments and time on your trademark registration it further. If any other party registered your mark then it is difficult to apply for a trademark objection and further clarifications. In such cases, you are infringing on other person’s trademark and have to switch to a different trademark. Trademarks protects the brands. Trademark can defined as the name of the product associated with the service or product.
Trademark is the only way to identify the products or service by the customers. It can be a word, which represents the uniqueness. The words combinations which are used as a trademark is also referred as word marks. Not only a word, smell, colour, sounds etc also can registered as your trademarks. Primarily, when you choose a trademark think like a consumer. If the consumer like your trademark you will succeed in the market. Common types of trademarks are word marks, logos and slogans. Let us take an example, the Coca cola’s product configuration and the packaging are non-functional.
Guide to Trademark Protection
We can protect and registered the trademark of that item. You can protect the word mark as the initial step. Then if you have enough funding then you can ahead with trademark registration. It will be an added advantages for your business strategy.
To protect your trademark properly you have to conduct a search to check out the existence of the mark. If there is no such cases, you can file the trademark application and get registered.
Registration of the trademark is optional, you can simply using the market instead of registration.
If you are doing a business to sell goods and services under a brand, then trademark laws gives you some common trademark rights against others from the infringement. Trademark Registration gives you the national wide rights and the rights to block others from violating your mark. We get the rights with the United States Patent and Trademark office.
Most of the products are having copyrights. The images, wordings on the product packaging, labels, webpage etc can be protected via Copyright Protection. Copyright having certain advantages like inexpensive to secure and the law allows you to demand attorney fees from the violators.
Generally, attorney fees are more costly than your damages only because of someone copying your images and words without your authorization. Demanding the attorney fees from the infringer may force infringers to settle early on in the legal process.
If there is no copyright infringement, then you are only able to pay your own attorney fees. Copyrights are only for the people who are having an original works.
Copyright is the creative work that has been written down on a piece of paper and saved on an electronic storage device. We can copyright any of the movies, videos, photos, books, diaries, articles and software. Copyrights do not have any impacts on protect ideas, and useful items. It is function of patents. Software can be protected by copyrights because the creativity used in this selection is the various pieces of code in software.
Each copyright products are fixing in a tangible medium of expression. Copyright last for very long times. After the death of the creator also it lasts. If the works made for hire then the duration of the copyright is 95 years from publication. Copyright does not have any mandatory in registration. Though, the registration should lead some advantages on it. If your copyright is already registered, then the attorney fees can be shifted to the violator, and you can ask the judge to award certain damages.
The patent registration are of two types. Utility and Design. Utility can be known in another term like Function and the design is termed as Aesthetic. Here in this upcoming topics you will get an idea about which type of patent is optimal to protect your invention. You can use both utility and design patent to protect your ideas.
How can we predict which patent of type is suitable for your invention?
Cases like if you want to describe about the invention, then you can describe the invention in terms of its function or utility. The utility patent application is the best type of patent registration. If the invention is describing in terms of aesthetics then the design patent is the best type of protection. Design patents are mainly to protect ornamentation, pattern design, layout and other aesthetic features of the product.
Sometimes you have to explain the products by using the words and it denotes both functional and aesthetics. In such cases you can get both patents. If your funds are limited then you can choose any of the two types and is better to suited for your information. If you want to attain any patent registration scheme then approach the best patent attorneys to make the right decision.
Design patent basics
To get a design patent you need to apply with the UPSTO. It is just like the patent. If you do not register your design then eventually it will hold by publics. Registration is the key for infringement. The design registration is valid for a period of 15 years from the actual filing date.
Utility Patent basics
To acquire the utility patent all you need is to apply the patent with the UPSTO system. If you have an invention and you started to sell it on the market, but you don’t have a patent. Then eventually your ideas will be catches by the publics and third parties. The validity of the utility period is 20 years and starts its working immediately when the patent office issues your patent.
When you want to get a design patent?
Here I am going to discuss about certain situations where we want to seek a design patent. If the trespasser changes the look of the product, then it does not look similar to what is shown in the design patent. In such cases there is no violations. Let us discuss certain cases.
To avoid importation of overseas manufacturers
Design patents are mainly useful for blocking excess importation from the overseas manufacturers, or rejected products manufacturing only for the inventors. The importing tactics are identical to the drawings in the design patent. If the products are imported to united state then it will barred by the customs. In some points if the products barred in US, the importers, distributors, users and manufacturers everyone may be charged for infringement.
Design infringements are occurred in the products sets like furniture. Buyers always concentrate to buy unique look sets. But the violators has known that if they apply the same design on sets, they can acquire the profit. By obtaining patent you can avoid such infringement in a maximum amount.
Design patents are useful for the large manufacturers. For example Apple, Inc. obtained variety of design patents for various parts of iPhone including the icons on the display.
Intellectual property in Coimbatore – Trademark Rules 2017
Ministry of commerce and industry has brought significant changes in the current trademark rules. These changes has a great impacts in the trademark registration process. Let us discuss what are they.
The total number of forums are reduced from 74 to 8.
- TM-A: Trademark registration application
- TM-M: this form is related to application/ Opposition/ Rectification/ requesting any function with respect of trademark
- TM-R: Renewal Application/ payment request towards renewal
- TM-C: certificate application under section 45(1) of the Copyright Act, 1957.
- TM-O: opposition/ Rectification in trademark registry/ refusal of TM under Geographical indication of goods
- TM-P: Post registration changes in the TM
- TM-U: registered user’s application/ validation of registered users
- TM-G: renewal/ Trademark agent registration/ Alteration
To conduct the trademark hearing video conferring has been introducing till its beginning.
Each and every miscellaneous actions are to be sent on emails.
There are separate trademark filing fees in the market. For small industries, start-ups etc having various pay scale. The maximum e-filing pay is 10,000 depending on the strength and overall looks.
Trademark Rules 2017
Provisions has been introduce to register a trademark as a well-known one and makes certain list by paying off 1 lakh rupees. This application is following by certain documents for the registration.
The number of postponing in an opposition proceedings are limits to two numbers. Maximum 2 can take by parties to reduce the time span in opposition. The requirements for showing evidence are also having end stops.
The proof of evidence are given as affidavit enclosed while registering the trademark application.
It is easy to register oneself as a registered trademark owner in accordance with the new trademark law by filling relevance documents such as deed of assignment, licensing agreement. This application is following by certain documents for the registration.
Registration of sound marks has certain provisions for submission. The sound marks should be in MP3 format and should not exclude the length of 30 seconds. In case of 3D marks the applicant have to submit the 2D representation of the mark in various angles to the registrar. The acceptability is totally depends on the satisfaction of the Registrar.
The application renewal can do within 1 year from the expiration of registration.
Use of Design Patents
Design patents are mainly use to protect ornamental features. The protection is all depends on the drawings. Utility patents protects the functional features. The protection is really helpful to avoid claims. The distinctions are simple but the ramifications are confusing. Design patents are significantly less cost than utility patents. Some inventors argues that they protect functional products with design patent instead of utility patent for a cost reason.
Design patents can illustrate the functional features in the drawings. Although, the design patent registration does not extend in the range of functional features in the drawings. Design patents are not illustrate the ornamental features. If the functional and ornamental features are fuse with each other, then design patents are capable of protecting the ornamental features as well. Design patents are have certain functionalities. We cannot able to preclude it from protecting the products. But each good things also have a bad face. Here also like the same exists. Design patents are limit or control to the look displayed in the drawings.
We can avoid design patent infringement by making a complex look in the product appearance. The violation is harder as much as the design is. How hard an infringement is depends on the structure and complexity of the design.
Design patents are easy to design. But they are still useful to prevent someone from taking your products without prior knowledge. Most of the infringers are intentioned to do certain forgeries and import it into United States. Most of us are unaware of protecting the brands and patents. We are unaware of the intellectual property rights. In such scenarios, the design patent plays an important role to stop the act of lazy infringers. That are also less cost, thus protection activities in the design patent is more worthful. Securing the market sale is happening via design patents. You can also use the design patents to protect the product line of your business ray.
Let us go through an example. A kitchen appliance manufacturers want to apply a particular design in handle design. He want to protect his ideas from others infringements.
Ornamental features of trademarks
By getting Design patents we can use a unique symbol in all of the appliances. Peoples often buy things according to the similarity and also based on the design. Aesthetic feature has a great impact in design registration. Sign manufacturers also prefer design registration to protect their signs in the entire city. The customers need unique signs thus the manufacturer also alert to get registration to avoid violations. Most of the manufacturers are using to get the patent registration for their designs.
They know if they do not do so, they will lose the idea and business. Another example of a design patent is getting the trade secrets for your ornamental design protection of your product. Ornamental features of the trademark is defining an another term known trade dress protection. It is simply a trademark. Another example of trade dress is Coca Cola bottle’s shape. If a third party can cover up the coca cola bottle and start selling. But if the company is already having any design patent, it is not possible. We can rectify the company solely by the shape of the bottle.
How it works
Trade secrets and the design patent protection both protects the look of the ornamentation of the product. But they are mainly using for different reasons. The design patents are only for the products which are novel and understandable. Trade dress protects the outer look of the product. These types of patents are enforceable for a 14 years of period from the date of issuance. It continues until you use the same look. Trade dress protection provides significant advantages until it get last. There are some difficulties too. You have to show case to the trade dress protection agency that the clients are here to see your brand and you are having enough clients who supports you. Oftentimes, ornamentation is perceive as ornamentation and not as a brand. Here in this cases the ornamentation expel its greater supports.
Design patent is use to protect the design of your product from others beings used as their looks. It is your brand it is your identity. There is no one having the rights to steel it. If you don’t have a design patent and others are using the same look, then the trademark attorney file that it is not your trade dress and other people consider it as trade look. Design patent is applicable for 5 years and more, but you have to maintain the proof copy of the usage.
Register all your Intellectual property in a simple and legal manner. We Corpstore in Coimbatore gives the assurity in registration process with affordable and time consuming manner. Get registered and stay remarkable. Our tailor made solutions always gives the ways for your business tactics. We are also provide all types of company registrations in Salem, Madurai and Chennai as well. There are lots of patrons there to support our way of move, and we pride to be one of the trusted business registration consultants among them. We hold the ideas until you reach your destination.