Android-
What is a Trademark?Trademarks can be defined as words, names, symbols, brands, devices, signatures, symbols, brands, letters, colours or numerals or any combination thereof, used by a company to distinguish its products and services from others.
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Benefits of Trademark registration?Registered trademark is a proof of the ownership of goods and services and distinguishes the goods and services of one person from other.
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Who can file for Trademark registration?The application for trademark registration is filed in the name of the owner of the trademark; it can be an individual, or a corporation. The owner of the trademark reserves all rights to use it.
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How do I find out whether a mark is already registered?Search is performed which determines the existence of trademark
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What is a trademark search?Search is basically performed to validate the authenticity and existence of trademark. If any person/company is found using an already existing trademark then he/she can be sued by the company with trademark licence.
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Type of trademarks which can be registered?Trademark which is not being used by any other entity can be registered. Search has to be made prior to registering a trademark.
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Type of trademarks which may not be registered?Trademarks which are already been registered/used by other entity may not be registered. If the trademark contains any images which are frivolous to religion or society then it may not be registered
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How long does it take for a mark to be registered?Basically it takes around 5-6 years for a trademark to be registered
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Do I have to be an Indian citizen to obtain a trademark registration?No, an applicant need not have to hold an Indian nationality for filing a trademark registration. But in case a person holds a dual citizenship then one of the countries has to be specified during filing.
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Benefits of Trademark registration?Registered trademark is a proof of the ownership of goods and services and distinguishes the goods and services of one person from other.
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Can the ownership of a trademark be assigned or transferred from one person to another?Yes, the ownership of a registered mark can always be transferred.
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What is a registered trademark?Registered trademark- A trademark which is registered is called as registered trademark. It is symbolized by the mark ® the letter “R” surrounded by a circle, for a registered trademark.
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What is an unregistered trademark?Unregistered trademark-A trademark which is not registered is called as unregistered trade- mark . It is symbolized by the mark ™ .
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What is the term of a Trademark?A trademark can be protected indefinitely
FAQs
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What is a Copyright?Copyright is defined as the right granted by government for literary and artistic work. These can include paintings, sculptures, music, poems, books, choreography, TV and radio broadcast, software, sound recording etc.
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What does a copyright protect?Copyright protects expressions, and not fact, idea system or method of process or operation. Expression may take the form of design, literary, written expression, artistic works traditional artistic works, and other forms as in literary, musical, dramatic and artistic works such as poetry, novels, movies, songs, computer software and architecture.
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How to obtain copyright protection for a software/algorithm developed by us?For protection from software piracy, application for copyright protection has to be filled which provides international protection.
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Is it compulsory for me to register my work with Copyright Office to get copyright protection?No, Any work is protected by a copyright at the moment of its creation in a tangible form (written copy, recorded music, filmed movie, digital data saved on a computer disk).It is not mandatory under the Indian Copyright Act to register with the Copyright Office to get protection. However it is highly recommended for any person for such registration because it helps in an infringement suit. However, in case of copyright infringements, during court proceedings, such copyright registrations acts as a proof of evidence of the creator.
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What part of my creation does copyright law protect?Copyright law majorly prevents copying of expression.
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How long is a copyright valid?The duration of a copyright is different .The duration for individuals is life of the author plus 70 years, or the case of a joint work, the term lasts for 70 years after the last surviving author’s death, alternatively 75 years, whichever is longer.
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What is the duration of a copyright if the author is a company?If a company is the author, the duration is 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.
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What is the geographic scope of protection of a copyright?Copyright has a worldwide protection.
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Can a company be considered the author?A company can be considered as the author of works and any such work by an employee for which the company is considered as the author is called “work for hire”. Such cases involve a legal document signed between the employee and the company
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Can I license or sell my copyright?Yes, copyrighted work may be transferred to any other person by the owner. Legal document has to be signed between both the parties for the same.
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What is meant by ‘Design’ under the Designs Act?“Design’ refers to shape, composition, configuration, of lines or colour or combination which is being applied to any particular article in 2 dimensional or 3 dimensional or in both forms, by any industrial process “
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What is the object of registration of Designs?The Designs Act protects new or original designs being created to be used to particular article to be manufactured by Industrial Process. Registration is basically to reward the creator of its creation.
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What is a Register of Designs?The Register of Designs is a database in form of a document being maintained by The Patent Office, Kolkata .It is a reference point which contains the design number, date of filing, class number and name and address of Proprietor .It can be obtained by paying a nominal fees for reference by public.
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What is the effect of registration of design?The proprietor of a design enjoys the exclusive rights for a certain period the design ‘Copyright’
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What is the duration of the registration of a design? Can it be extended?The duration of the registration of a design is initially ten years from the date of registration,. This period of registration may be extended further by 5 years on an application by paying a nominal fee of Rs. 2,000/- to the Controller before the expiry of the said initial period of Copyright.
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Who can file for the extension?The proprietor of designs the rights to file for an extension of duration of design.
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What is the date of registration?The date of registration is the actual date of filing of the application.
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What is piracy of a Design?Design piracy means unauthorised use/imitation of a design without the prior approval of the proprietor for purpose of sale of goods.
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Why is it important for filing the application for registration of design at the earliest possible?If two persons are filling for similar design then the person who has filled the application first enjoys the proprietorship
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How to get information on registration of design?After registration of designs the relevant view(s) of the article with other bibliographic data are made available in the official gazette.
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