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Trademark

Patent

Design Patent

Copyright

Domain Names

Custom Laws

Patent - What to consider

PATENTS

While deciding to file a trademark application in India, the listed factors should be kept in mind:
  1. Check to see whether the invention is Patentable
  2. Some inventions before being filed need the permission of the government. Find out whether your invention would require such permission or not.
  3. There might be similar inventions already in the market. Check to see if there exists any such invention in the market already by either investigating for similar product or conducting search for Patentability.
  4. After there any costs about and beyond filing that one should consider
  5. Should document a prior art search before a filing a Patent application
  6. Would you like to license your product in India and what are formalities you need to fulfill?
  7. Do you need to use your invention in India, once Patent is granted and what are the other criterias for maintaining a Patent in India?
  8. The owner of the mark must consider the need to register his Patent in neighboring countries of the Indian subcontinent - Pakistan, Sri Lanka, Bangladesh, Nepal, Bhutan, Maldives, Afghanistan and Burma. These countries are in close proximity to each other and as India is the biggest market amongst all of them, any trademark, which acquires goodwill and reputation in India, is likely to be copied in these markets. This could lead to not only counterfeit products being manufactured in these countries but also result in counterfeit goods being imported to India and various other countries across the world.
  9. Should the rights holder discover that their trademark is being infringed, they should take immediate steps to protect their trademark, either by the means of filing oppositions, cancellations, conducting investigations, sending cease and desist notices or initiating appropriate civil and criminal actions.
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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