Frequently Asked Questions
- Q: What is a trademark?
A: “A product is something that is made in a factory; a brand or trademark is what is bought by a customer”. Trademark is an aural or visual symbol used in relation to goods or services so as to indicate the origin of the goods or services and giving a product a distinct personality of its own. A trademark helps consumers to attribute such characteristics as durability, performance, efficiency and after sale service to a particular product sold at a value under that brand.
- Q: What are the advantages of obtaining trademark?
A: Trademarks protect the identity of a brand. It gives an exclusive right to use such trademark and refrain others from using it to make profit from brand value and goodwill throughout India. It also enhances the authenticity of the brand.
- Q: What are important factors to remember while registering trademark?
A: Marks which are innovative,unique, distinctive and coined are considered as ‘good trademark’ which means that they have high chances for not being opposed and getting quick registration. Marks which are common name or usual are considered as ‘bad trademark’ which means that they have high chances for being opposed.
- Q: When can I use the letters TM or symbol R with my logo or name?
A: As soon as you have been allotted with the trademark application number you can start using the word TM against your brand name or logo as the case may be. But you can only use the symbol R only after your trademark is registered and registration certificate is issued.
- Q: Is there any guarantee as to registration of trademark?
A: We cannot provide any guarantee as such because it is totally on the discretion of government to grant registration to a trademark.
- Q: What has Registrar raised an objection to my application?
A: Any brand name can be refused to be registered by the registrar if it is against public policy, obscene or prohibited in Emblems and Names Act, 1950 or is similar or deceptive to any other previously registered trademark. If the application is objected by the registrar then applicant needs to file a written reply within 30 days stating why his application should getregistration. In case Registrar is not convinced by the written submissions, chance to present oral arguments is given.
- Q: What is opposition of trademark?
A: Once the trademark is published in the trademark journal for the general public, they may file an opposition to prevent the trademark from being registered. To respond the notice of opposition, written submissions are to be submitted within 2 months. If no submission is filed in time, it is considered as abandoned.
- Q: What is the validity of the registered trademark?
A: Once your trademark is registered, it is valid for 10 years but it can be further renewed for 10 years by filing a renewal application.
- Q: How long does it take to get a trademark registered?
A: It takes around eighteen to twenty four months to get registration certificate if there are no objections raised by the authorities or oppositions filed against your application.
- Q: What is copyright?
A: Copyright is a right given to the creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. It provides a bundle of rights ranging from rights to reproduction, communication to the public, adaptation and translation of work.
- Q: What is the scope of the protection under Copyright Act?
A: Copyright Act provides protection to literary, dramatic, musical and artistic works, cinematograph films and sound recordings. However, unlike patents no idea, procedure, methods of operation and mathematical operation can be protected under this Act.
- Q: What is the term of copyright in India?
A: If the work has been published within the life time of the author of a literary work, the term is for the life time of the author plus 60 (sixty) years.
For cinematographic films, records, photographs, posthumous publication, anonymous publication, works of government and international agencies, the term is 60 (sixty) years from the beginning of the calendar year following the year in which the work was published.
For broadcasting, the term is 25 years from the beginning of the calendar year following the year in which it was made.
- Q: Is it mandatory to register work for protection under Copyright Act?
A: No.Work soon after its creation is protected by Copyright Act. However, registration provides a prima facie evidence for the ownership of the product. It is highly advisable to protect your work by registering it.
- Q: Is it possible to copyright computer software or computer programme in India?
A: Yes. Computer programme or computer software can be copyrighted under the title of ‘literary work’.
- Q: Whether I can get copyright registration for my website?
A: A website consists of several literary work, artistic work, sound recording, computer program and various other works. In order to have copyright registration for a website, one must file a separate application for each work.
- Q: How long does it to take to get copyright registration?
A: It takes around 3-4 months for registration of any work in normal course. However, it may increase depending upon the application and the opposition raised by anyone.