How to Amend a Trademark Application
Legal

 How to Amend a Trademark Application

A trademark application, once submitted, can be subjected to specific changes to correct some information that had been provided by the applicant at the time of submission. The correction or an amendment to the application may be necessary for various reasons like incorrect entry or inaccurate filing of the trademark application. The Trade Marks Act 1999 and Rules 2002 authorize rectification of any error in the application made for a trademark. A wrongly registered mark or a mark wrongly remaining on the register may also be rectified under the Trade Marks Act.

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What are different IPR Legislations and their implementation tools?
Legal

What are different IPR Legislations and their implementation tools?

The concept of Intellectual Property Rights can be traced back to the 15th century when Venetian Law in 1474 gave us insight into what the concept of patents was and later, it was the invention of the Guttenberg’s printing press in the same century that introduced us to the world of copyrights. The doors to Intellectual Property Law have remained open, ever since.

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Upcoming Challenges in IPR and the Way Forward
Legal

Upcoming Challenges in IPR and the Way Forward

The modern global society is propelled forward by the power of ideas and the wavelength of those ideas. All of its aspects and especially, the economy, is heavily dependent on the nature and uniqueness of ideas. Such ideas had a far-reaching propensity to drive a dynamic society forward and that driving force resulted in the prominence of Intellectual Property Rights (IPR) .and the laws relating to it.

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Patent Registration Under Patent Cooperation Treaty
Legal

Patent Registration Under Patent Cooperation Treaty

The creative work of the human mind is kept safe through several measures and the main motivation for the same is the encouragement for the creative activity. Several forms of protection of the creative activity have come about including those which are of particular interest in the industrial development. Patents being one of them.

Continue Reading about 6 years ago
Ways to Commercialize IPR
Legal

Ways to Commercialize IPR

Intellectual Property (IPR) was introduced in India from year 1957 through The Copyright Act, 1957. From then six amendments have been made on The Copyright Act, 1957. Trademark was introduced in 1999 through Indian trademarks act 1999. Intellectual property is basically a way to register an Idea or a mark etc., so that others cannot copy it and use it for their own benefit. Rather than creating IPR the value of IPR lies in its commercialization. Companies by use of IPR derive benefits to compete with market. Intellectual Property is an asset for a company whether it’s a startup or an old firm and its market value is could be cashed by means of IPR.

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Reply to a Trademark Objection
Legal

Reply to a Trademark Objection

After an application for trademark registration is made, it is examined by the trademark examiners. The examiners analyze all the aspect of the trademark application and thus makes sure that the application and the trademark aspired is up to the requirements and within the legal aspects, If the examiner found some issues in the application, they put these objections in the form of trademark examination report, which is uploaded in the official website of the trademark office.

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Reply to a Copyright Objection
Legal

Reply to a Copyright Objection

Copyright is a right that is given to the inventor of the literary, dramatic, musical and artistic work, etc. To be registered, it is not essential that the copyrighted work should be published. An unpublished work can also be subject to registration as copyright.

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Copyright Objection
Legal

Copyright Objection

Copyright is a bundle of rights, including the right to reproduction, adaptation, and translation of the work that is vested by the law upon the creators of literary, dramatic, musical and artistic works and the producers of the cinematographic films and sound recordings.

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Sale of Patent Rights
Legal

Sale of Patent Rights

The Duhaime’s law dictionary defines a Patent as an exclusive privilege granted to an inventor to make, use or sell an invention for a set number of years.

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Trademark Assignment
Legal

Trademark Assignment

According to Trademarks Act, 1999 “trademark”, is a mark which can be represented in a graphical form and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and the combination of colours.

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Franchise Agreement
Legal

Franchise Agreement

A franchise agreement is one through which a Franchisor, the owner of a business model, provides his business model and his brand name to a Franchisee for use. The terms and conditions of the usage of the franchisor’s business model and his brand name by the franchisee are clearly and precisely laid down in a franchise agreement so as to avoid any and all ambiguity that may arise. A franchise agreement ensures that both the franchisor and the franchisee are aware of all the conditions of the contract and agree to the same.

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All about Assigning Copyrights
Legal

All about Assigning Copyrights

Copyright is basically a legal right of the owner who has created something out of his intellect. Earlier, there was no protection for the copyrighted work and there was an easy exploitation of the ‘Intellectual works’. But after some time, need for the protection of such works became important and therefore ‘THE COPYRIGHT ACT OF 1957’ was brought for the protection of artistic, literary work and other forms of intellectual works.  The act was brought so as to preserve the cultural works and retain the original rights of the owner.

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Basics of Assigning Copyright
Legal

Basics of Assigning Copyright

Copyright is an intellectual property, which is meant the creative people around the world. It is not a tangible right but is a proprietary right and can be disposed-off in a similar manner. With the copyright registration, nobody is entitled to use a person’s creation without the prior permission of the creator. Thus, the law provides a right to the owner of the copyright to transfer the ownership of the copyright to a third party for the optimum utilization of the same, for the benefit of the common mass. For the transfer of the same there is a deed agreement known as copyright assignment deed.

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What are the requirements for Trademark Renewal?
Legal

What are the requirements for Trademark Renewal?

Trademark renewal is the process to renew the trademark timely for enjoying its benefits and giving legal protection to it. Also, it is necessary to register the trademark on time so that it should not be removed from the register of trademark known as trademark journal.

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All about Leave and License Agreements
Legal

All about Leave and License Agreements

A license is a personal right of a person which is granted to do something upon immovable property of the grantor (an individual who conveys or transfers ownership of property) and does not amount to the creation of interest in that property. It is a permissive right and is personal to the guarantee (an individual to whom a transfer or conveyance of property is made). This agreement does not create any duty and obligation upon the persons making such grant and is, therefore revocable except in certain circumstances expressly provided in the Indian Easement Act, 1882.

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All about Author Publisher Agreement
Legal

All about Author Publisher Agreement

The Author Publisher Agreement is an agreement legally enforced between two parties, the first party being the Author/Writer- he is the one who has written the work. The second party being the publisher who is keen to publish the author’s work. This agreement contains all the key points that an agreement should have like all the rights, obligations and financial aspects.

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Why is it important to register Copyrights?
Legal

Why is it important to register Copyrights?

Copyright is a bundle of rights including the right to reproduction, adaptation, and translation of the work that is vested by the law upon the creators of literary, dramatic, musical and artistic works and the producers of the cinematographic films and sound recordings.

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Trademark Licensing and its Essentials
Legal

Trademark Licensing and its Essentials

Trademark licensing is when a person who is the owner of the Trademark authorizes a third party to use his mark in the course of trade with regards to royalty over the sale of products or services that are licensed under the trademark. In other words, when the owner of the trademark allows the usage of the mark by others without transferring the ownership, it is trademark licensing.

Continue Reading about 6 years ago