Practice Areas
Intellectual Property Rights (IPR)
We, at MNA & Associates advice and guide our clients across multiple intellectual property rights such as trademarks and copyrights. We provide end to end assistance right from identifying a suitable and available name till the registration of the same.
Services Offered
A trademark provides protection for symbols, colours, shapes, words, etc. representing and relating to a good or a service. The primary requirements for registration of a trademark includes that it should consist of a mark capable of distinguishing the goods/services from those of others and that it is capable of graphical representation.
India is a signatory to the Madrid Protocol under which a trademark can be applied for and registered internationally. However, the pre-requisite for filing and registering an international application (under the Madrid Protocol) in a foreign jurisdiction is that the mark needs to be first filed in India.
How Do We Help You?
Trademark Search
We conduct thorough research and identify if the name proposed by our client for trademark registration already exists or not. This helps in avoiding infringement into any other person’s IP right which can lead to litigation.
Identifying the Class
Based on the nature of the goods and services provided by our client under the proposed Trademark/design/wordmark, we identify the appropriate class of the Trademark under which our client’s trademark can be filed and registered, thereby safeguarding the IP rights of our client.
Filing of Application
After carrying out research and identifying the appropriate class, we proceed ahead with filing of the Trademark Application (TM-A). It is applied either at the office of the Trade Marks Registry, or through the Trade Marks Registry Portal, stating your trade style, the goods or services, and the date of commencement of use (if any). After submission of the Trademark Application, the Trade Marks Registry examines the form and the documents submitted in support of the TM Application.
Opposition
We also provide assistance in filing objections, or filing reply to the objections, oppositions raised against our client’s trademark followed with appearing on behalf of the client before the Registrar in case of a hearing.
Renewal
The tenure of registration of a Trademark is for a period of 10 (ten) years. We provide services to our client where we file an application for renewal of registration of the trademark.
FAQs/Knowledge Bank
Trademark (symbolizing a mark in trade) means a mark capable of being represented graphically and which can distinguish the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors. Essentially it is anything that identifies a brand to a common consumer.
An application can be made for registration of a trademark actually used or proposed to be used by any person claiming to be the proprietor of the trademark. In the case of a prior user of the mark, the concerned person is required to submit an affidavit along with evidence to support his claim of priority.
No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for the infringement of unregistered trademarks. For unregistered marks, action can be brought against any person for passing off goods or services as the goods of another person or as services provided by another person.
Yes, a three-dimensional mark is registrable.
Copyright protects the expression of an idea rather than the idea itself. A copyright is an ‘exclusive right’ that is granted to a person to do or authorize to carry out certain activities with regards the copyrighted work. The author of the original work (for which protection under copyright has been obtained) shall be the first owner of the work. Further, the owner has the right to license the copyright of their work to third-parties through a written agreement.
With the rapid scale technological advancements in today’s scenario, Copyright work is now more prone to infringement and misuse. We at MNA & Associates offer our clients a complete package of services related to Copyright registrations so that our clients can take the benefit of their IPRs without much hassle.
How Do We Help You?
Preparing the Application
After gathering information, our team prepares a draft of the application for Copyright registration in close co-ordination with the client.
Filing of Application
Upon receiving heads up from the Client, we proceed ahead with the filing of the Application along with necessary documents at the Copyright Registrar.
Registration
After filing a Copyright Application with the Copyright Registrar, the Copyright Office/Board examines and scrutinizes the application through an Examiner, and then the registration is granted to the Copyright if there are no objections with the application filed, and thereafter the Copyright office issues a Copyright Registration Certificate to the Applicant.
FAQs/Knowledge Bank
The copyright owner has the exclusive rights to:
- Reproduce and distribute the copyrighted work.
- Modify and display original work and perform such work in public.
The punishment for an infringement of copyright is imprisonment ranging from six months to three years and with a fine of Rs. 50,000/- to Rs. 2,00,000/-
In the case of a second and subsequent conviction, the minimum punishment is imprisonment for one year extending to three years and with fine, not less than Rs. 1,00,000/- that may extend to Rs. 2,00,000/-.
A patent grants an inventor exclusive rights to their invention. This legal protection benefits inventors by safeguarding their creations. Additionally, patents serve society by making technical details of inventions publicly accessible, thereby fostering and speeding up innovation. Patents protect intellectual property rights for newly developed products, services, and processes. In India, establishing and enforcing these rights requires registration under the Indian Patent Act of 1970. The process of patent registration in India starts with comprehensive patent searches before submitting the actual application. Once it is confirmed that the invention is unique, a patent application can be filed with the Indian Patent Office.
We at MNA & Associates, provide our clients with a comprehensive global intellectual property strategy that helps individuals and organizations achieve competitive success in today’s globalized world.
Our full range of services includes developing and implementing strategic intellectual capital programs. These programs focus on the acquisition, utilization, and enforcement of patents, aligning with and enhancing clients’ business strategies.
How Do We Help You?
- Extensive patent searching with analysis and legal opinion
- Drafting of patent
- Filing of application
- Patent maintenance
- Patent related appeal and litigation
- Patent related agreements
FAQs/Knowledge Bank
A patent grants an inventor exclusive rights to a new and useful invention, an improvement of an existing invention, or a novel process for creating an article. These rights allow the patentee to manufacture and control the use of the invention or process for a specified period. During this time, the patentee can prevent others from using the patented invention without permission. Once the patent expires, the invention enters the public domain, making it freely accessible to anyone.
A patent application can be submitted by the true and first inventor or their assignee, either individually or jointly with others. Additionally, the legal representative of a deceased person is also eligible to file a patent application.
A provisional application, which includes a provisional specification, is useful for establishing a priority date for your invention. This type of application allows the inventor additional time to assess and evaluate the market potential of the invention before submitting a complete specification. While filing a provisional application offers these benefits, it is not mandatory; an inventor can choose to file an application directly with a complete specification if preferred.
In India, a Patent is granted for a term of twenty years.
The proprietor of a patent or its registered grantee has the authority to assign, license, or mortgage the patent for any consideration. This includes the ability to transfer patent rights either wholly or partially, or to license the patent exclusively to one or multiple individuals. However, for the creation of any interest in a patent (such as assignment, license, or mortgage) to be valid, the following conditions must be met:
- The assignment, mortgage, or license must be documented in writing, including all terms and conditions agreed upon by the parties involved.
- The application for the registration of this document must be filed within six months of its execution.
This ensures that the legal processes surrounding the patent are properly observed and enforced.
Have any question?
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