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Trademark

Patent

Design Patent

Copyright

Domain Names

Custom Laws

Domain Names - How to register

India follows the system of "first-to-file." Therefore, it is imperative that a rights holder applies for the registration of its design at the earliest opportunity to ensure that no other person can claim prior rights to the design. Furthermore, an application for design in India has to be filed before publication of the design, in order to be eligible for registration.
It is not necessary that the design should have been actually used. There will just as much be publication if it is shown that it was known to the public, without ever having been actually put in use. Thus, publication may be of two types:
  1. Publication in prior documents
  2. Publication by prior user""
The listed strategies should be part of the comprehensive overall strategy for protection:

Search:

Apply for a clearance search at the Patents Office in order to ensure that rights holder's design is available for registration. Should the design be available for registration, applicants should immediately apply for registration.

Registration:

After the design has been registered, rights holders should ensure that the article on which the design is being used clearly mentions the word "Registered" (or any of its abbreviations) along with the Design Registration number. This is to inform the public that the design is registered and that the rights holder has the exclusive proprietary right to use the same. Should the rights holder not do this, in case of any infringement, the rights holder will have to prove that the infringer was aware that he was violating the rights holder's exclusive proprietary rights when he used the infringing design.

Enforcement:

Should a rights holder discover that its design is being infringed, the rights holder should take immediate steps to protect its design, either by the means of filing cancellations, conducting investigations, sending cease and desist notices or initiating other appropriate legal actions - see enforcement section for details.
Trademark
Enforcement & Remedies
Passing Off
How to register
What not to register
What to consider
Patent
Enforcement & Remedies
Ancilliary Work
Compulsory Licenses
How to register
What not to register
What to consider
Design Patent
Enforcement & Remedies
How to register
What to register
Copyright
Enforcement & Remedies
How to register
What to register
Domain Names
Enforcement & Remedies
How to register
What to consider
Custom Laws
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