Eagle Law providing a specialist advice and assistance to clients nationally and internationally in the areas of Patents, Trademarks, Copyrights and Designs, offering trademark registration services, drafting of patent specifications, patent registration, copyright registration, design registration, trademark and patent searches, filing and prosecuting of national phase applications in India, enforcement of intellectual property rights and allied services.
We are comprises of experienced trademark and patent attorneys ensuring that clients receive practical, cost effective advice on all aspects of IP rights and their exploitation. We have the expertise to professionalay address your intellectual property needs.
What is a trademark and types of trademarks?
A trademark is any graphical representation which has the ability to distinguish your goods and services from that of your competitors’ goods and services. It may range from a wide variety of representations such as a word, logo, symbol, label, image, the combination of colours etc. A trademark helps in defining the origin of the goods or services and also helps in denoting the quality of those goods and services. Thus, by creating goodwill in the minds of the consumers, a trademark can create greater brand recognition and enhance brand value.
Types of Trademark
Trademark protection can be offered to a multitude of representations. It is important for a business to find out the perfect way to which they wish to characterize the organization and the goods and services which they offer. As per the trademark law a device, brand, heading, label, ticket, name, signature, word, letter, numeral, a shape of goods, packaging or combination of colours or any such combinations can be registered as a trademark. Often, trademark protection is given to the following kinds of representation
Trademark Validation Period
The registration will be valid for 10 years from the date of the filing of the application. After this period you can renew the trademark again. Renewal can be done indefinitely.
Copyright law deals with the protection and exploitation of the expression of ideas in a tangible form. Copyright has evolved over many centuries with respect to changing ideas about creativity and new means of communication and media. In the modern world, the law of copyright provides not only a legal framework for the protection of the traditional beneficiaries of copyright, the individual writer, composer or artist, but also the publication required for the creation of work by major cultural industries, film; Broadcast and recording industry; And computer and software industries.
Copyrights resides inand in sound recordings set in a concrete medium. To be protected as the copyright, the idea must be expressed in original form. Copyright acknowledges both the economic and moral rights of the owner. The right to copyright is, by the principle of fair use, a privilege for others, without the copyright owner’s permission to use copyrighted material. By the application of the doctrine of fair use, the law of copyright balances private and public interests.
DocumentationA shape, configuration, pattern or ornament, or composition of lines and colors or combination applied to any article can be registered under the Design Act,2000. But for a design to get registered, it must satisfy the following conditions
Patent law recognizes the exclusive right of a patent holder to derive commercial benefits from his invention. A patent is a special right granted to the owner of an invention to the manufacture, use, and market the invention, provided that the invention meets certain conditions laid down in law. Exclusive right means that no person can manufacture, use, or market an invention without the consent of the patent holder. This exclusive right to patent is for a limited time only.
To qualify for patent protection, an invention must fall within the scope of the patentable subject and satisfy the three statutory requirements of innovation, inventive step, and industrial application. As long as the patent applicant is the first to invent the claimed invention, the novelty and necessity are by and large satisfied. Novelty can be inferred by prior publication or prior use. Mere discovery ‘can’t be considered as an invention. Patents are not allowed for any idea or principle.
The purpose of patent law is to encourage scientific research, new technology, and industrial progress. The economic value of patent information is that it provides technical information to the industry that can be used for commercial purposes. If there is no protection, then there may be enough incentive to take a free ride at another person’s investment. This ability of free-riding reduces the incentive to invent something new because the inventor may not feel motivated to invent due to lack of incentives.
It is a name or sign used on certain products which corresponds to a geographic location or origin of the product, the use of geographical location may act as a certification that the product possesses certain qualities as per the traditional method. Darjeeling tea and basmati rice are a common example of geographical indication. The relationship between objects and place becomes so well known that any reference to that place is reminiscent of goods originating there and vice versa.
It performs three functions. First, they identify the goods as origin of a particular region or that region or locality; Secondly, they suggest to consumers that goods come from a region where a given quality, reputation, or other characteristics of the goods are essentially attributed to their geographic origin, and third, they promote the goods of producers of a particular region. They suggest the consumer that the goods come from this area where a given quality, reputation or other characteristics of goods are essentially attributable to the geographic region.
It is necessary that the product obtains its qualities and reputation from that place. Since those properties depend on the geographic location of production, a specific link exists between the products and the place of origin. Geographical Indications are protected under the Geographical Indication of Goods (Registration and Protection) Act, 1999.