Q.1. Our company Aquarius newly launching packed mineral water for which we want the protection of the trade mark. What will be the procedure to get that and can you please give the details?
Answer: – As an IPR Advisor I would like to inform you that your packed mineral water company Aquarius representative symbol comes in Product trademarks and its fall in Class 32. Trademark protection is very beneficial after launching it in the market as protection gives Exclusive rights.
Here I am describing the flow chart of Trademark filling procedure in India:-
Step 1:- It is recommended to conduct a Trademark availability search in order to check if any similar Trademark has been filed in India, which may oppose your registration.
Step 2:- Now the Trademark application can be filed for more than one class of goods in one application as according to new act of trademarks.
Step 3:- The Trademark Office will examine the novelty of the application with comparing prior art present and completion of supporting documents, if accepted, the Trademark is ordered for publication.
Step 4:– Every Trademark applications accepted by the Registrar are published in Trademark Journal. Any interested party may file a notice of opposition to the registration of the mark within 3 months from the date of last publication.
Step 5:- In the absences of opposition, a Trademark is registered, and the relative certificate of registration is issued for 10 years from the date of filing of an application. Now it is taking 24-30 months from the filling. Renewal should be in every 10 years after filling of
Q.2. I am an Indian scientist worked on a super fast car and wanted it to be patented first and then to launch outside India in many countries. I want the information related to the process of patenting in this case and any further details that you can help me with.
Answer:- As an IPR Advisor, I would like to suggest you to go for patent cooperation treaty for your super Fast car, its an agreement for international
cooperation in the field of the patents that provides an efficient and cost-effective way to enter into the patenting process in several countries at one time. Although the PCT process does not result directly in the issuance of any national patents, it provides many important benefits for applicants contemplating foreign filing. Documents for filing of the International Application are Request form (PCT/ RO/101); Priority; Description; Claims; Drawings; Abstract; and Language of filing.
The procedure of PCT filling is as following:-
Step 1 :- A PCT patent application can be filed by an applicant within 0-12 months of the earliest filing date for an application.
Step 2:- Within 16 months of PCT filling you will get the International Search Report. accepted by the Registrar are published in Trademark Journal. Any interested party may file a notice of opposition to the registration of the mark within 3 months from the date of last publication.
Step 3:- After filling of PCT application it will get published within 18 months of it.
Step 4:- In 22 months of PCT Filling you can also go for International preliminary examination. It’s an optional.
Step 5:- You can also go for preliminary examination and patentability search report, its also a optional step.
Step 6:- The PCT filing application can be converted into national applications in taking part countries by entering a “national phase” After 30 months or can say in 31st month.