What is Intellectual property?
Intellectual property (IP) refers to a number of
distinct types of creations of the mind: inventions, literary and
artistic works, and symbols, names, images, and designs used in commerce.
The owner of IP is granted certain exclusive rights to use his creation
for commerce or as per his wish to use this creation. Intellectual
property is protected by:
Patents on inventions;
- Trademarks on branding devices;
- Copyrights on music, videos, patterns and other forms of expression;
- Trade secrets for methods or formulas having economic value and used commercially. economic value and used commercially.
What is Patent?
A patent is a legal monopoly granted by statute of
a country for a limited time to the owner of an invention. It empowers
the owner of an invention to prevent others from manufacturing, using
importing or selling the patented invention.
What is a trademark?
A trademark is a name, symbol, word, device, Phrase,
logo or a combination of all these elements, used to distinguish or
represent goods of one manufacturer or seller from goods manufactured
or sold by others, and some time used to indicate the source of goods
or services. A trademark can be as wide and varied as a brand name, logo,
a shape, letters, numbers, sound, smell, color or any other aspect that
renders a unique and distinct image to a product. It is comes under the
types of intellectual properties.
What is copyright?
Copyright is an exclusive right granted by law to
the author of the works to exploit or authorize the exploitation of
the copyright work. In simple words copyright implies protection against
copying of one’s work by another. Copyright is one of the chief forms
of intellectual property.
What is a service mark?
A service mark is the same as a trademark, except
that it identifies and distinguishes the source of a service rather
than a product. A service mark can be as wide and varied as a brand
name, logo, a shape, letters, numbers, sound, smell, color or any
other aspect that renders a unique and distinct image to a service.
What is the difference between a word mark and a design mark?
A word mark is “text only,” which means you seek to
protect the word, or words, only – not the way they look. Word mark
protection generally provides the broadest trademark protection. A
design mark, or “stylized design” seeks to protect an actual logo,
or “as it looks” or the specific styling of your text or name.
What is trademark search?
A trademark search is conducted to check or
identify the availability of trademark, to ensure that you won’t
violate someone else’s trademark rights.
What is the need to conduct a trademark search, is it mandatory?
No, it’s not mandatory but it is advisable to determine
whether, another business is already using a trademark that’s identical
or similar to the one you wish to use, to ensure that you won’t infringe
someone else’s trademark rights. The consequences of failing to conduct
a reasonably thorough trademark search may be severe, depending on how
widely you plan to use the trademark and how much it would cost you to
change it if a conflict arises afterward. If the trademark you want to
use has been already registered by someone else, you will be prohibited
from using the trademark in any context where customers might become
confused with your products or services.
Why do I need to conduct worldwide trademark search?
Worldwide trademark search is conducted to check the
availability of trademark globally. If you are planning to operate your
business globally or in different jurisdictions or will be in the future,
it is advisable to conduct worldwide trademark search. This type of search
can help you to avoid:
- Refusal of your trademark application due to likelihood of confusion;
- Legal action by others for infringing their brand consciously or unconsciously;
- Expenditures of market material or lost brand name recognition if the mark later must be withdrawn. It
will provide you freedom to play globally with your registered Brand
What is trademark infringement?
Trademark infringement occurs when a business uses
the same or similar name in business in a way that may lead to confusion
with the trademark owner’s service or product in customer mind. In general,
infringement does not require the infringer to be a competitor in the same
goods or services, but infringement requires a similar product or services
have been offering in the same or different market place. If there has
been an infringement of your trademark, you can take legal action under
the statute of the reference country. As the plaintiff, you have the burden
to prove that the use of a similar mark by the defendant has created a
likelihood of confusion.
Should I hire a professional firm to conduct a trademark search?
There are hundreds of sources to conduct free online
search for availability of trademark, but it is enormously time consuming,
require number of skilled searchers with customized search strategies for
every individual trademark search. To conduct the trademark search you
need to cover all the exclusive paid and free trademark register of the
countries you wish to apply, which includes all states registers (for US),
country specific trademark registers (Internationally), published and
unpublished trademark information along with common law registers for
associated country. It is advisable to hire a professional search firm
to handle a trademark search rather than do it by own.
What is trademark watching?
A trademark watch is conducted to identify the potential
infringers of your trademark with electronic watch services. This process
involve systematically detecting any potentially conflicting trademark
application throughout the world, and reporting any marks found to the
client so that they can file trademark opposition to such marks to protect
What will the report contain?
The report will include all relevant information
concerning the potentially infringing mark, including the opposition
deadline with that mark; so that you can take all require steps to
protect your trademark.
How often do you provide trademark watch reports?
We work 24*7*365 to protect your trademark, our watch
services will inform you immediately as soon as it will arise to our
online watch services. We do provide report as email notification along
with hardcopy On Demand.