VIDHANI TRADE MARKS CO.

CONTENTS

Company Profile

Vidhani Trade Marks Co. was formed in the year 1972. The company provides services in respect of intellectual property law matters like Patents, Trade Marks, Copyright and Industrial Designs; Whether it be for adoption, registration or litigation upto the Supreme Court of India. The company is getting the guidance of the able counsel of more than 31 years experience in the field.

Head office of the company is located at New Delhi in INDIA. We also have a Branch office in Jodhpur (Rajasthan).

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Head Office

We have Head Office at New Delhi, The Capital of India . It is located at 3 miles from Patent office.

For further information Send On Line Enquiries or write to

Vidhani Trade Marks Co.


                Mr. Mohan Vidhani,
                1720/57, Naiwala,
                Karol Bagh,
                New Delhi-110 005,
                INDIA.
                Phone no : +91-11-25884588
                                  +91-11-25860342
                TeleFax    : +91-11-25860511
                                  +91-11-25884140
                Mobile: 91-98-110-83706
                E-mail: patent@bol.net.in
                             patented@vsnl.com

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Branch Office

We have Branch Office at:

Mr. R.C. Vidhani
C/O Ajay Typewriting Centre,
Gulab Sagar Road,
JODHPUR (Rajasthan)
INDIA
Tel(Office) : +91-291-2524209
Tel(Res.)   : +91-291-2611891, 2649535

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Our Motto

Our motto includes providing the most efficient services concerning the Intellectual Property Rights Laws and for that we keep in touch with the latest laws, amendments and judgements. Also to provide the services at most competitive rates.

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Professional Connections

We have professional connections with various experts in the IPR Laws in all the cities where there are Branch Offices of the Government concerning the IPR Laws, like: Mumbai, Chennai, Calcutta and Ahemadabad.

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PCT Applications

India has joined the PATENT CO-OPERATION TREATY and the country has amended the Patent Law to adhere to the WTO Commitments. The law has been amended in the year 1999 and again in 2003.

REQUIREMENTS OF PCT APPLICATION:

• Specification, Claims, Drawings and Abstract.
• Name, address and Nationality of the Applicant.
• Name, Address and Nationality of the inventor(s).
• Priority document (If applicable).

FEE PAYABLE FOR PCT APPLICATION:

• Transmittal Fee (INR 5000).
• International Basic fee (Depends on date of application).
• Designation Fee (USD 105) (Maximum 8 Countries).
• Search Fee (Varies).
• Fee for priority document (If applicable) (INR 2000).

Note: There is 75% reduction in certain fees to certain applicants

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IPR Laws Applicable in India

• PATENTS ACT 1970 (Last amended in the year 2003).

• TRADE MARKS ACT 1999 (Implemented 15th September, 2003). 

• THE DESIGNS ACT 2000.

• COPYRIGHT ACT 1957 (LAST AMENDED IN 1999).

• GEOGRAPHICAL INDICATION OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999.

• PROTECTION OF PLANT VARIETIES AND FARMER'S RIGHTS ACT, 1999

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Patent Act 1970

WHAT IS PATENTABLE:

·         Any Invention which is not obvious and is novel and not previously published in any country.

·         Any new and useful:
      art, process, or method of manufacture;
      Machine apparatus or other article;
      Substance produced by manufacture.

WHAT IS NOT PATENTABLE:

·         Inventions contrary to law, morality and public health;

·         Which is Frivolous or claims which is obviously contrary to well established  natural laws;

·         Mere new use or mere discovery of new property or new use of known substance or property;

·         Mere admixture resulting only in aggregation of properties;

·         Mere arrangement and rearrangement of known integers functioning independently;

·         Method for agriculture/horticulture;

·         Process for treatment on human beings, plants or animals.

·         A presentation of information;

·         A mathematical or business method or a computer program per se or algorithms.

FILING REQUIREMENTS FOR PATENT APPLICATION:

·         Specification (Provisional or complete), Claims and Drawings; Name, address and nationality of the applicant;

·         Name, address and nationality of the inventor(s);

·         Details of the basic application in case any priority is claimed;

·         Authority/Power of Attorney.

VARIOUS STAGES UPTO GRANT:

·         Examination - Patent applications are now not examined automatically. One has to file a request for examination within the period of 48 months from the date of the application.;

·         Grant of Patent in case there is no opposition.

OPPOSITION TO GRANT:

·         Opposition may be filed by any interested person within 4 months of notification of acceptance in the Gazette.

TERM OF PATENT:

·         Patent is granted for the period of 20 years from the date of application.

REVOCATION OF A PATENT:

·         The grant of patent by the patent office does not guarantee its validity. The  validity of a patent granted under the Act, may be challenged only in a High Court in revocation proceedings Under Section 64. The revocation petition cannot be filed before the Controller of Patents.

RECTIFICATION OF REGISTER OF PATENTS:

An application for the rectification of patent can be filed by any person aggrieved,  before the Appellate Board on any one or more of the following grounds:

·         On account of absence or omission from the register of any entry; or

·         On account of any entry made in the register without sufficient cause; or

·         On account of any entry wrongly remaining on the register; or

·         On account of any error or defect in any entry in the register.

INFRINGEMENT ACTION:

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Trade Marks Act 1999

SALIENT FEATURES:

• International Classification for goods is followed (1-34 Classes). Similarly Service marks are also registrable (35-42) Classes with effect from Septemebr, 15^th 2003.  

• Provision for filing MULTIPLE CLASS application.

• Provision for filing DIVISIONAL Application.

• Provision for filing COLLECTIVE TRADE MARKS Applications

• Provision for filing CERTIFICATION TRADE MARKS applications.

• Provision for filing CONVENTION APPLICATIONS.

• Protection of WELL KNOWN TRADE MARKS.

• Recognition of unregistered licenced user of the registered trade mark.

• Definition of  Mark and Trade Mark to include `SHAPE OF GOODS’, Their PACKAGING and COMBINATION OF COLORS.

• Provision of filing documents by Electronic mode including e-mail, Fascimile etc.

• Provision for publishing the trade marks journal in CD.

• Provision for EXPEDITED SEARCH.

• Provision for EXPEDITED EXAMINATION OF APPLICATION.

• First user of the mark prevails even over first adoption/registration.

• Trans border reputation is recognized.

• Registration liable to be cancelled due to non-use of trademark for continuous period of 5 years and three months after registration but before petition; non use of the mark up to the period of three months from the registration with non intention to use the same; registration wrongly made or wrongly remaining on the register etc.

• Passing off action applies to trade marks as well trade names.

• Both civil and criminal actions lie.

PERIOD OF REGISTRATION:

• Registration is for initially 10 years from the date of the original application, whenever the registration is actually done. The mark is renewable after every 10 years till the registered proprietor wants by filing an application. Renewal application has to be filed before the expiry of the registration. However, with surcharge it can be renewed even thereafter within six months and an application for the restoration by filing application for restoration within six months-one year.

REQUIREMENTS FOR FILING REGISTRATION APPLICATION:

• Full name, address and nationality of applicant(s).

• Description of the mark (in case of device or any thing which is not to be simply typewritten, then 10 prints of the mark).

• List of goods/services for which the registration is required.

• Date since when the mark is being used in India (if used).

• Authorisation/power of attorney.

PROCEDURE OF REGISTRATION:

·        Causing the search of the Index of the registered and pending applications.

·        Filing of application for registration of the trade mark/service mark

·        Receipt of the application number

·        Receipt of the examination report (automatically on first come first serve basis)

·        Removal of the objections in the examination report (if any) and acceptance of the application for publication in the Trade Marks Journal.

·        Publication in the Trade Marks Journal for inviting public objections if any.

·        After the publication, if the opposition, then after disposal of the opposition in favor of the applicant, receipt of the registration certificate.

OPPOSITION TO REGISTRATION:

·        Filing of Notice of opposition to be filed within the period of three months from the date of publication of the journal/date when the journal was made available to the public whichever is later. The notice of opposition is to be verified.

·        Filing of counter statement by the applicant within two months of the receipt of notice of opposition.

·        Filing of evidence by opponent in support of the opposition within two months of receipt of counter statement.

·        Filing of evidence by applicant within two months.

·        Filing of evidence in reply by opponent within one month.

·        Hearing and final decision.

  APPEALS:

·        Any order of the Registrar is appellable before the Intellectual Property Appellate Board (IPAB) within the period of three months.

·        The Board cannot pass any ex parte ad interim injunction order unless it has heard the party appealed against.

·        The Board will have Head Office in Chennai but branch offices in Mumbai, Delhi, Kolkatta and Ahamedabad where the offices of the Registrar of Trade Marks is situated. The cases by the Board will be taken up according to the jurisdiction of the parties. Thus one does not have to go to Chennai in each case.

ASSIGNMENT/PERMITTED USE/LICENSING:

• Assignment of trade marks whether registered or unregistered is permitted.

• The trade mark/service mark may be assigned with or without the goodwill.

• Permitted use is also allowed.

• Licensing is also allowed.

ENFORCEMENT:

• Infringement action for unauthorized use of registered trademark.

• Passing off action against unregistered trademark/ trade name.

• The reliefs available include: Injunction order, Rendition of accounts of profits illegally earned by the defendant, damages, delivery up, costs. Anton pillar orders are also issued. Trans border reputation. Well Known Trade marks  have been recognized.

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Designs Act 2000

WHAT CAN BE REGISTERED:

• New or Original features of Shape, Configuration, Pattern, Ornament or Composition of lines or colors applied to an article whether in two dimensional or three dimensional or both which in the finished article appeal to and is judged solely by the eye.

WHAT CANNOT BE REGISTERED:

• Any Trade Mark

• Any Property Mark

• Any Artistic Work

• Any mode or principle of costruction

• Anything which is in substance a mere mecahnical device

• Which is not contrary to public order or morality

• Any pre published design

NOVELTY AND ORIGINALITY:

• Novelty is judged based on prior publication not only in India but also other countries.

VALIDITY PERIOD:

• Design is valid for the period of 10 years from date of registration (date of original applciation) and extendable for further term of 5 years.

FILING REQUIREMENTS FOR APPLICATION:

• Full name, address and nationality of applicant(s).

• Photographs/drawings of the article from all sides covering all the features of the article (five copies each).

• Authorisation/Power of Attorney.

TIME TAKEN FOR REGISTRATION:

• About 6 months.

ENFORCEMENT:

• Infringement action for unauthorized use of registered Design.

• Infringement action can be filed in the District Court or High Court having jurisdiction.

• The relief's available include: Injunction order, Rendition of accounts of profits illegally earned by the defendant, damages, delivery up, costs.Anton pillar orders are also issued.

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Copyright Act 1957

BASIC:

• Copyright vests in original work involving skill, labour and judgement in respect of literary works such as books, publications including computer software;

• Artistic works whether usable as trademarks or not;

• Engineering drawings;

• Sound recording;

• Musical work;

• Cinematograph film etc.

REGISTRATION:

• Registration under the Copyright Act is not necessary but registration proves useful for the enforcement.
  In criminal proceedings unregistered copyrights particularly in respect of artistic labels used as trademarks are not given weightage by the Police Authorities.

TERM OF COPYRIGHT:

• 60 Years from the date of first publication of the photograph.

• 60 years in respect of other works from the beginning of the calendar year following the year in which the author dies.

ENFORCEMENT OF COPYRIGHT:

• Copyright may be enforced by actions whether civil or criminal.

• Reliefs allowed are same as in Patents in so far as the civil action is concerned.

• For criminal action the accused may be fined upto two lac Rupees or with imprisonment or with both.
  

INTERNATIONAL AGREEMENTS:

• India is a member of Berne Convention, Paris Convention and Universal Copyright Convention.

• Nationals of member countries can register a foreign work in India even though such work is automatically protected in India under the aforesaid conventions.

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