If the idea involves a technical product/process or combination of both then it can be protected by filing a patent application. This is called utility application.
If the requirement is to protect the aesthetic look/design of the product then file an application for design.
If it's a logo or a brand name then file an application for Trademark.
If it's literary or artistic then it can be protected by filing an application for copyright.
A detailed search may be conducted in the respective patent office's platform using various combinations of words, logos etc. to know if such a brand or logo already exists. For example: For branding in India (Indian Patent Office), for branding in USA (USPTO) etc.
A Trademark (™) means a mark capable of being represented graphically and which distinguishes the goods or services of one person from those of others. Trademark protection may include shape of goods, packaging and combination of colours. Examples: COCA-COLA, APPLE, MICROSOFT, FAB INDIA etc.
Indicated by the symbol ®, the mark is a symbol of registered services. A registered trademark can be represented by this symbol once registration is complete.
Once it is decided that a logo or brand name is not in the public domain, trademark protection is sought.
Trademarks are the communication tool between your brand and the customer. It becomes very important to register a trademark and seek protection from copying and misuse.
An individual, a company, a proprietor or a legal entity who claims ownership of the Trademark can apply.
Yes. When two or more persons use a trademark, they may apply as joint proprietors under Section 24 of the Trademark Act.
Yes, a copy of the logo or trademark intended to be filed needs to be submitted along with statutory requirements.
An application for registration of trademark must be filed in person or online with CGPDTM along with applicable statutory fee. It is recommended to file through a qualified attorney or trademark agent.
A trademark is valid for 10 years from the date of application and can be renewed indefinitely every 10 years.
Anytime within 6 months prior to the expiry date of the trademark.
Till now there have been no smell marks registered in India.
No, taste cannot be trademarked. However, its name or associated phrase can be filed.
As per the Trademarks Act, 1999, a mark includes device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, combination of colours or any combination thereof.
The Controller General of Patents, Designs and Trademarks (CGPDTM) administers statutory protection to trademarks in India.
No, there is no concept of a single worldwide trademark. Protection must be obtained country-wise.
Yes. Trademarks can be transferred through proper assignment of rights.
The owner (proprietor) formally permits another party (licensee) to use the trademark as per agreement terms.
Trademarks are valid for 10 years from the date of filing and must be renewed every 10 years.
The trademark will be abandoned.
