Tuesday, May 29, 2018

Differentiate between the trademark and intellectual property

Intellectual property is a resultant of creativity which comprises of copyright, trademark , trade secret and patents. The trademark registration in ahmedabad is performed at babaria ip where by filing the form you can make your space in the intellectual property.

The intellectual property are of four types:-


Trademark is a typically a word, logo, image, symbol, phrase, design or a mixture of any these elements which is used by an individual, corporate or an association. Trademark is unique so it will always differ from another company, It is defined according to the selling goods or services. Trademark can be registered, unregistered and unregistered service mark. The trademark is registered with U.S.Patent and Trademark Office. Trademark is also known as service mark.


Copyright is legal exclusive rights given by creator for the use and distribution. The rights are given for limited time period. The copyright laws vary country wise. Copyright is configured when people start copying the data without making it noticed. This rights include attributes such as reproduction, distribution, control over derivative work, public performance and moral rights. The copyright is permitted from the author’s life plus till 50 to 100 years after the author dies. For example when someone creates the music lyrics then all the rights are safeguarded with the person, if someone wants to copyright that lyrics then one has to take the permission otherwise it will be taken as unauthorized duplication.

Trade Secret

Trade secret is a practice, formula, design, instrument, pattern, process or any other information which is hidden from every aspects. If somebody steals the trade secret than that competitor or consumer can attain the economic profit. Trade secret is strictly confidential information. It is important and invisible component. Now a days each company make an agreement with the employee for not disclosing the necessary deeds of the company. Trade secret is defined in three factors under an agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS)
The public is associated with only that part of information which is needed to them.
Shareholders must be aware about the profit booked by the company.
The holders need to maintain the privacy.


Patent is the group of unique rights given by a national and international government to the inventor for the limited period of time. The patent is can be filed by filing the application, the one who is filing the application is named as applicant, inventor or the assignee. Patents are mostly taken care by the government. The inventor can sell, use, make or distribute the invention other than that no one can use the invention. 

Patents are of three types:

  1. Utility Patent
  2. Design Patent
  3. Plant Patent

Wednesday, May 16, 2018

How To Register Trademark Quickly And Easily?

When you are standing out in your industry, the first and the most important step is to register a trademark. Trademark registering is normally a lengthy and hectic process, especially for those who don’t have any knowledge about things. When there are a number of trademark applications pending in offices, the process becomes more complex. But as it is an essential step to stand out in the market, you have to go for it. Trademark registration in Ahmedabad can be made easy and fast by following the tips given below.

Initial step- trademark registration process

Consult a trademark attorney and do a little bit research to fill the application form accurately. The registration process is complex and lengthy when you are not fully ready with all relevant things and making some efforts can make it simpler and faster.
As soon as you fill your trademark registration application plus you and your attorney are confident about its accuracy, submit it to the government. After submission, the application will pass through a number of examinations to check the accuracy and if any issue occurs you have to resolve that.
Once your application passes examination process without any issue, it will be made open for one month or so. During this publication period, the application will be open to any objections from anyone.
If your application passes without any conflicts, the government will make it official. However, there are so many applications and it will take time.

Varied length of the time period for the registration process

The time period of registration depends on the three steps and it can vary due to many factors.
The busy schedule of officials can keep your application pending for a longer time.
At the time of filing registration, if you make any mistake, the officials will raise the issue and this will take some extra time to proceed your application. If you are ready for every required document, the period length can be made short.
If any objection arises at the time of publication it can make the process longer.
The only solution for all such issues is one and that is to stay ready for everything. Research and consult the best trademark attorney so they will guide you effectively.

Avoid these mistakes

Some mistakes must be avoided by the applicants to make the process easy and quick for them.
Lack of research and planning before filing the trademark application
Delayed responses to the officials during the review period. They are busy and delay from your side will absolutely stretch confirmation time period.
Assuming that you have all rights to the trademark before approval.

Try to make the process simpler

While you file your application make sure you don’t create unnecessary issues and make the process simpler by following ways.
Hire any trademark attorney to avoid any kind of problems.
Even if you are hiring any third party do as much research as you can.
Keep all your required documents as suggested by your attorney and research.

Friday, May 4, 2018

Importance of Trademark and Its Usage In Defining Uniqueness

Trademark is something that solely belongs to you whether it may be a simple logo or a colour, a symbol, a design or anything that is used to identify a company. Trademark is a unique mark or logo by which you can make out that this particular sign belongs to that specific company. It also helps the consumer to distinguish amongst the various companies available in the market and for not getting confused about the products and services offered by the company. Trademark registration in Ahmedabad and in other cities of India is a simple yet lengthy process.

Requisites of a symbol or logo to gain the tag of a trademark

First and foremost, if the symbol that you have chosen for your company needs to enter the trademark fame, then it should be unique and distinctive. The logo should not be a copy of any other brand and should have its own originality. There are four categories in which a court divides a logo to identify its distinctive approach.

Firstly, the logo that you are using should not have a direct relationship with the product that you are associating it with, say an apple for a computer has no relationship with each other, but still it is one of the most famous brands for a computer.

Secondly, the suggestive mark which means which has some relation with the product for which the trademark is going to be used. For example, when you talk about one of the famous companies Infosys you get to have a slightest of an idea that it means information system and undoubtedly it is some company related to software.

Thirdly the descriptive aspect of the logo defines about the services you are offering and lastly the generic mark is something that is used as a synonym for the product for which you are building the trademark.

The functionality of a trademark

Trademark is a logo that is helpful in identifying a company and also helps in establishing goodwill for the company which is selling a product under its brand name.
The necessity of registering your trademark
Registration is not a mandatory task for your business, but it has added on advantages in comparison to the non-registered ones. If your mark is registered, then no other company can use it, and you can take them to the court of any of your rights are violated.

Rules for registration of trademarks

Trademark registration in Ahmedabad can be denied under two cases:

1.    Absolute grounds for refusal- in this case, the trademark is refused for filing when it is not capable of providing a distinctive approach.
2.    Relative grounds of rejection- This is the case when your trademark is carrying something similar to trademarks that are already registered and can create confusion amongst the people about the similar products.

Who can register for a trademark?

Trademark can be registered by any company or person who is running a business and wants to get their trademark solely registered for them.
Talking about the foreigners, Indian Government has regarded few countries as convention countries, and their citizens have a benefit of registering their trademarks in India. But first they need to apply in their home country, and after it is passed in their respective country, the trademark stands accepted in the Indian registry office as well.

Registration process 

For the registration process, a person or partners can apply for the trademark registration at the various registry offices situated nearby.

Protection of trademarks

The Indian government offers a tenure of protection of ten years registered under a company’s name, but if the trademark is unused continuously for a term of five years, then the trademark registration stands cancelled.