SERVICES

SERVICES

1. TRADEMARK
2. GEOGRAPHICAL INDICATIONS
3. COPYRIGHT
4. PATENTS
5. DESIGN

1. TRADEMARK

"Trade Mark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from choose of others and may include shape of goods, their packaging and combination of colours.

"mark" includes a device, brand, heading, lable, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.

"package" includes any case, box, container, covering, folder, recetacle, vessel, casket, bottle, wrapper, labler, band, ticket, reel, frame, capsule, cap, lid, stopper and cork.

The registration of the trademark in India is governed by Trademarks Act, 1999. Trademark, Collective mark and Certification mark are the kinds of mark that can be registered under the Act.

1. CERTIFICATION MARK

"Certification Trade Mark" means a mark capable of distinguishing the goods or service in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of service not so certified and registrable as such under Chapter IX in respect of those goods or service in the name, as proprietor of the certification trade mark , of that person.

An application for the registration of a mark as a certification trade mark shall be made to the Registrar in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft of the regulations to be deposited under section 74.

A mark shall not be registrable as a certification trade mark in the name of a person who carries on a trade in goods of the kind certified or a trade of the provision of services of the kind certified.

The applicant should be a competent person to certify the goods to which the mark is to be applied.

A certification mark should be of public advantage. The regulation filed in the registry is subject to the modifications or limitations prescribed by the Registry.

2. INTERNATIONAL TRADEMARK FILING

International trademark registration is a process by which a trademark owner can register his mark against all the countries. Since trademark is a territorial right, every entrepreneur has to register his mark in each destined country where he possesses a potential market to protect against infringers. Every country has its own different procedures for registering a mark.  In order to regulate these differences an International Madrid convention was passed.  This Convention offers a trademark owner the possibility to have his trademark protected in several countries by simply filing one application directly with his own national.

2. GEOGRAPHICAL INDICATION

“Geographical Indication” ”, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.

In India registration and protection of geographical indications are governed by The Geographical Indications of Goods (Registration & Protection) Act, 1999.

The main object of the Act is to protect the interest of producers of such goods, to exclude unauthorized persons from misusing geographical indications, to protect consumers from deception and  to promote goods bearing Indian geographical indications in the international market.

Who can apply?

Any association of persons or producers or any organisation or authority established by or under any law representing the interest of the producers of the concerned goods may apply for registration of a Geographical Indication.

The Applicant has to be a legal entity and should be representing the interest of producers of the good applied for. Any such organisation or association being not that of the producers may have to prove that they represent the interest of producers. Any Applicant Authority also have to prove that they represent the interest of producers.

3. PATENT
4. COPYRIGHT

"Copyright" means the exclusive right to do or authorize to reproduce, issue copies, communicate,  translate do adaptation, or to sell or assign or give on commercial rental in respect of literary work or artistic work or software or cinematography film or sound recordings.

In Default, the first owner of the Copyright is that the Author. If any work is done by a author on employment or for consideration , the employer or the agent is the first owner of the copyright.

The term of copyright  subsists till sixty years from the beginning of the calendar year next following the year in which the author dies.

5. DESIGN