Evolution of the Indian Trademark System
The history of the trademark in India dates back to the 18th century, although some form of proprietary protection for marks in India dates back to millennia. The India statutory Trademarks Law dates back to 1860 but there was no official Trademark law in India before the year 1940. Earlier, the problems related to infringement and passing off resolved with the help of Section 54 of the Specific Relief Act, 1877 and the registration done by obtaining a declaration as to the ownership of a trademark under Indian Registration Act, 1908.
Evolution of Indian Copyright System
The world’s first copyright law was the Statute of Anne enacted in the year 1710 in England. The Act introduced the concept of providing an author (of any work), a reward for being the owner of its copyright and laid out fixed terms of protection. Following this Act, copyrighted work to be deposited at specific copyright libraries and registered at Stationers’ Hall. There was no automatic copyright protection for unpublished works.
How has Indian Patent System evolved over the years?
The origination or birth of the patents took place way back in the fourteenth and sixteenth century. The word ‘patent’ was derived from the Latin word ‘patere’ which means “to lay open”. The first recorded patent granted to John of Utynam for making stained glass. In 1449, John received a 20-year monopoly for a glass-making process previously unknown in England. In return, John had to teach this process to native Englishmen. The history of patent law is known to have started with the Venetian Statute of 1474 and the 1624 English Statute of Monopolies. The U.S. Congress passed the first Patent Act on April 10, 1790, titled as “An Act to promote the progress of useful Arts”. The first official patent granted to Samuel Hopkins on July 31, 1790 for a process of making potash (potassium carbonate).
Step by step process for Trademark searching on official Indian Trademark database
A person who is trying to seek for registration of his mark must conduct a thorough trademark search to make sure that his mark, logo or sign is not similar or infringes on someone else’s registered trademark. Conducting a trademark search is easy and less time-consuming as compared to other types of searches related to Intellectual Property. If a company in India wants to conduct the trademark search, he can do it on the IP India website ‘www.ipindiaonline.gov.in’. The IP India website provides the information about all the registered, abandoned and removed trademarks till date. For initiating the trademark search, the person must go in the trademark section by clicking on Trademarks on the home page. After arriving in the trademarks section, the user must select the Public Search option.
How to conduct a trademark search?
The trademark search can be conducted in two ways. One way is to conduct the search on your own and the other way is by appointing a lawyer or a searcher specialized in searching of the trademark. The prior art for the trademark can be searched on various free or paid databases.
What is a Trademark Search?
A trademark search is a thorough search of trademark databases and other marketplace resources to check whether a mark is previously owned or in-use by any other party. Conducting a trademark search before filing an application for registration is essential as it allows a person to clarify the use of his mark and makes registration process easy in case no similar mark is found to be in use before.
Why should a company go for Patent Protection?
Most of the startup companies often think whether it is worthwhile or not to go for patent protection for their innovations. Below are some of the advantages or benefits of patent protection which will help them figure out the importance of patent protection.
Why should I file a patent application in different countries?
Patents are jurisdictional in nature. An individual or person receives the protection of a patent based on the exclusivity of the idea or invention throughout the world. A patent will be granted to a person if and only if the idea presented by the person has not been known anywhere in the world. Additionally, there must not be any granted patent in any part of the world related to the idea presented by the person. Moreover, the person can seek protection of his idea throughout the world by seeking patent protection and following the rules and laws established by the government of each country.
What are the different criteria for getting the patent application granted?
Every country has its own criteria for granting a patent as per the defined laws. However, there are some criteria which are commonly followed by every country for granting a patent. The most important criteria or requirements are discussed below.
What is a Geographical Indication?
A geographical indication is one of the types of Intellectual Property. A geographical indication specifies a name, sign or mark used on a product that is associated with specific geographical location. A Geographical indication tag is used to specify a geographical territory. In addition, the geographical indication is used for agricultural goods, natural goods, and manufactured goods etc. Some of the famous examples are Silk Sarees of Kanchipuram, Alphanso Mangoes, Oranges of Nagpur, Kolhapuri Chappal, Bikaneri Bhujia, and Agra Petha etc.