A patent is a statutory right granted for a limited period to an applicant for either a product or a process. In the case of a product patent, the patentee can exclude or prevent others who do not have his consent, from the act of making, using, offering for sale, selling, or importing for those purposes that product in India. Similarly, in the case of a process patent, the patentee can exclude others from the act of using that process, and from the act of using, offering for sale, selling, or importing for those purposes the product obtained directly by that process in India.[i] But, what is right given for? This right is given in lieu of the complete disclosure of the invention made by the patentee to the common mass and this system is commonly known as “quid pro quo”, i.e. “something for something”. There are several objectives behind…

A provisional specification is the initial preliminary draft which gives a general description about the invention, an applicant intends to protect by way of patent. It is that stage where though the invention is still in the pipeline, but it can be still reproduced on a paper and the patent process can be initiated to secure a priority date.Need to file a provisional patent applicationWhile it is not mandatory to file a provisional patent application to start with the patent process, however, it is always recommended to file a provisional patent application when the invention is still in the development stage. This gives the following advantages:A. Secures a priority date: The date of filing the provisional patent application will be considered as the filing date which secures the date for the invention against any other similar invention in the same field on the same subject matter. Further, novelty and inventive…

As a business owner, protecting your brand name (i.e., the name of your product or service) is one of the important requirement to retain exclusive control over your brand name and prevent others from using your brand name in a confusingly manner for their business. To secure your brand name, you can file for trademark protection with the trademark office. After successfully obtaining trademark registration for your brand name, you can legally: initiate legal action against third party who uses your brand name;you can put the symbol ® next to your brand name;you can also license your brand name for any interested parties; Before you decide to apply for the trademark protection, you can also verify if your brand name qualifies as a trademark. For more information or assistance, you can reach us at [email protected] 

Registering your trademark in India offers protection for your brand only in India and not in any other country. If yours is a business that has a multi-national presence, then you must consider filing your trademark in all those countries to secure your brand to protect your business interests in the global market. Indeed, filing a separate trademark application in multiple countries is both time-consuming as well as a costly exercise. However, by virtue of India being a member of an international treaty ‘Madrid Protocol’, you can protect your brand name in 100+ countries around the world in a simple and cost-effective process. The Madrid system allows you to file a single application along with one set of fees for multiple countries and it also allows you to modify, renew or expand your trademark protection in additional countries via a centralized system. If you are interested in finding out more…

Your brand name should be capable of distinguishing your product or service from others and it can include: sign;symbol;design;word;colour;any combination of the above; However, your brand name cannot be: descriptive of your goods or services;3-dimensional shapes forming part of your brand name, for example shape of an apple for apples;deceptive;contrary to public order or morality;state symbols, flags, names and emblems; Additionally, you must also identity if the brand name you wish to protect is still available for use i.e., you must conduct an exhaustive search to verify if anyone has already registered identical or similar brand name for trademark protection for similar goods or services. As your trademark attorney, we can carry out the trademark search for the availability of your brand name and help you file the trademark application for registration. For more information or assistance, you can reach us at [email protected]