Trademark
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.
Legal requirements to Register a
Trademark under the Act
·
The selected mark should be capable
of being represented graphically (that is in the paper form).
·
It should be capable of distinguishing
the goods or services of one undertaking from those of others.
·
It should be used or proposed to be used mark
in relation to goods or services for the purpose of indicating or so as to
indicate a connection in the course of trade between the goods or services and
some person have the right to use the mark with or
without identity of that person.
Types of trademarks that may be registered in India
· Any name, which is not unusual for trade to adopt as a mark.
· An invented word or any arbitrary dictionary word or words, not
being directly descriptive of the character or quality of the goods/service.
· Letters or numerals or any combination thereof.
· Devices, including fancy devices or symbols
· Monograms
· Combination of colors or even a single color in combination with
a word or device
· Shape of goods or their packaging
· Marks constituting a 3- dimensional sign.
· Sound marks when represented in conventional notation or
described in words by being graphically represented.
Benefits of registering a Trade Mark:
-
Exclusive right to the owner to use
the trademark registered in this name
-
In the event of infringement to seek
relief in the appropriate courts
- In the event of any registered
identical or nearly similar marks due to special circumstances, such exclusive
right does not operate against each other.
Office actions in processing the application for registering
Trademark
Copyright
A
copyright is a legal device that gives
the creator of a literary,
artistic, musical, or other creative work
the sole right
to publish and sell
that work for a certain period of time.
In fact, it is a bundle of rights including, inter
alia, rights of reproduction, communication to the public, adaptation and
translation of the work.
Note: There could be slight
variations in the composition of the rights depending on the work.
Registration of
Copyright
-
Registration of copy right is not mandatory as Copyright
comes into existence as soon as a work is created and no formality is required
to be completed for acquiring copyright.
Purpose/
Benefits of registration
-
Certificate of registration of copyright and the
entries made therein serve as prima facie evidence in a court of law with
reference to dispute relating to ownership of copyright.
Scope of
protection
The Copyright Act protects:
-
original literary, dramatic, musical and artistic
works and cinematograph films and sound recordings from unauthorized uses.
-
the expressions and not the ideas.
Additional Information
·
Also, note that there is no copyright protection
for ideas, procedures, methods of operation or mathematical concepts.
·
Further there is no patent for standalone software currently
and only copyright shall continue
