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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 (Trademark).

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 their brand.

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.

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