Trade Mark
Patent
Designs

TradeMark

A trademark is a word, phrase, symbol or design, or a combination thereof, which is used by a manufacturer or trader or service provider that the same identifies and distinguishes the source of the goods of and services of one manufacturer or trader or service provider from those of others.
The rights in the trademarks are acquired either by honest adoption or by prior use, assignment and transmission of the trade mark.
Any person claiming to be the proprietor of a trade mark used in commerce or proposed/intent to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark
The descriptive words, trade mark which are previously registered in the name of different proprietor and without consent of the said earlier proprietor, the marks which are prohibited under the names and emblems act in India.
Any person who is either affected by the registration of said advertised mark in the name of different proprietor by virtue of prior adoption/use/registration of the same trade mark in their name or in any way the use and registration of said advertised mark is any way affecting the public interest may within three months from the date of the advertisement. or re-advertisement of an application for registration can oppose the mark.
Any trade mark owner on acquiring the knowledge of registration of a subsequently adopted identical trade mark in the name of other proprietor which is resembling and/or identical to their trade mark can file rectification/cancellation of said subsequently adopted trade mark before the appropriate office of Trade Marks Registry or before Hon’ble Intellectual Property Appellate Board.
Yes, only when the case is proved by the “persons aggrieved” or applicant for rectification.
The trademarks of good repute in India or of international reputation which are widely used and advertised in a India and are very well known to the major section of the members of Indian society or larger part of members of Indian society by virtue of such use/advertisement are called “well known” trademarks.
Any firm/person/individual whose trade mark whether registered/unregistered by virtue of prior adoption and any such registration and in case of “well known” trade marks on the grounds of either by earlier use or knowledge of the existence of the said trade mark by virtue of any advertisement including the advertisement on “websites” can file action for infringement/passing off on the grounds of their registered/unregistered prior adopted/used/registered/advertised trade marks in any court of India depending upon the registration and use of such earlier prior adopted/used/advertised/registered/unregistered trade marks by them against the persons/firms/companies who are misusing the said trademarks/copyrights.

Patent

Patent is rights granted to inventor for an exclusive / novel technological invention of a machine or the process to specific technological problem and is a product or process.
Patent is granting a right on for a set period by government authority, especially the sole right to exclude others from making, using, or selling an invention.
Patent is granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention.
The procedure for granting patents, Requirements placed on the patentee, a patent application must include one or more claims that define the invention. A patent may include many claims, but each claim must meet relevant patentability requirements, such as novelty,  usefulness, and non-obviousness.
The exclusive right granted to a patentee is the right to prevent others, from commercially making, using, selling, importing, or distributing a patented invention without permission.

Designs

'Design' means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device.
The design should be new or original, not previously published or used in any country before the date of application for registration. The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date.
Piracy of a design means the application of a design or its imitation to any article belonging to class of articles in which the design has been registered for the purpose of sale or importation of such articles without the written consent of the registered proprietor.
The registration of a design may be cancelled at any time after the registration of design on a petition for cancellation on the following grounds:
  1. That the design has been previously registered in India or
  2. That it has been published in India or elsewhere prior to date of registration or
  3. The design is not new or original or
  4. Design is not registrable.
If anyone contravenes the copyright in a design he is liable for every offence. The suit for infringement, recovery of damage etc should not be filed in any court below the court of District Judge.

Copyright

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Copyright protects the rights of authors (who writes or creates work), i.e., creators of intellectual property in the form of literary, musical (music composer), dramatic and artistic works and cinematograph films (producer of film) and sound recordings (sound producer).
Copyright subsists throughout India in the following classes of works:
  • Original literary,
  • Dramatic,
  • Musical and artistic works
  • Cinematograph films, and
  • Sound recordings.
Trade mark is the brand name given to a product for marketing and/or selling, consisting of alphabets, numerical, their fonts and styles and Logo’s.
Copyright is art work, colour combination, ornamental arrangement and design of the label/trademark/logo used in respect of the product, literary, Dramatic, Musical, artistic work cinematography and sound recording.
Yes. Computer software applications are protected under the Copyright Act. They are treated as literary works.
Yes. In addition to all the rights applicable to a literary work, owner of the copyright in a computer software applications enjoys the rights to sell or give on hire or offer for sale or hire, regardless of whether such a copy has been sold or given on hire on earlier occasion.
The following are some of the commonly known acts involving infringement of copyright:
  1. Making infringing copies for sale or hire or selling or letting them for hire,
  2. Permitting any place for the performance of works in public where such performance constitutes infringement of copyright,
  3. Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright,
  4. Public exhibition of infringing copies by way of trade, and
  5. Importation of infringing copies into India.