2012年7月6日 星期五

Trademark registration: ensures the uniqueness of products and services - Business - Customer Service

A trademark or trade mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities. Over the years these trademarks evolved into today's system of trademark registration and protection. The trademark registration helps consumers to identify and purchase a product or service because of its nature and quality, indicated by its unique trademark so that it can satisfy their needs efficiently.Internationally, trademark registration is facilitated by the World Intellectual Property Organization World Intellectual Property Organization (WIPO), specialized agency of the United Nations, with headquarters at Geneva.

A trademark application is a way to protect the trademarks of an institution. An institution may lose a trademark if it stops using it, if the proper renewal forms are not filed, if proper quality control is not exercised over licenses.Trademark application is filed only after the trademark attorney conduct a complete trademark search and when your trademark receives a positive trademark register ability opinion, then the trademark lawyer prepare and file a trademark application for trademark registration in a single class. Trademark application can also be filed online by the trademark electronic application system. For applicants, federal registration is comparatively straightforward process. When completing the application, the service mark should be described. Online Trademark Application Process is the easiest process of filing a trademark application in India and grant of trademark registration certificate and involves simple steps to be followed.

The trademark office is an agency that provides protection to the inventors and business for their inventions and trademark registration for the product and intellectual property identification. The office is provided with funds by the fees that are charged for processing the patents and trademark.Trademark office examines the applications for trademark registration. The trademarks are registered on either the principal register or the supplement register depending upon the distinctive criteria. This function has now declined as the applicants move to cheaper and more straightforward registration. All the trademark information can be produced by these trademark office. The trademark applicants may be represented by any state bar licensed attorney capable of handling the trademark matters, governed by the rules of professional responsibilities. Trademark office is mainly used to promote industrial and technological progress and also strengthen the national economy by admini strating the laws relating to patents and trademarks. This provides advice on the trade-related aspects of intellectual property. Advising the secretary of commerce and the administration of patents, trademarks and copyright protection are the services carried on by the trademark office.

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. A patent registration provides protection for the invention to the owner of the patent. The protection is granted for a limited period, generally 20 years. Patent registration means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent. These patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party. Patents registration provides incentives to individuals by offering them recognition for their creativity and material reward for their marketable inventions. These incentives encourage innovation, which assures that the quality of human life is continuously enhanced.

The patent drafting includes a written description of the invention and claims. It must be in full, clear, concise, and exact terms as to enable any person skilled in the technological area related to the invention to be able to duplicate the invention. Patent drafting must describe completely a specific embodiment of the process, machine, manufacture, composition of matter and must explain the mode of operation or principle wherever applicable. The patent drafting must point out the part or parts of the process, machine, manufacture, or Composition of matter to which the improvement relates, and the description should be confined to the specific improvement and to such parts as necessarily cooperated with it or as may be necessary to a complete understanding or description of it.The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its Co ntracting States. A patent application filed under the PCT is called an international application or PCT application. Upon patent filing the international application, all Contracting States are automatically designated. Subject to reservations made by any Contracting State, an international patent application fulfilling the requirements of the treaty and accorded an international patent filing date has the effect of a regular national application in each designated State as of the international patent filing date, which date is considered to be the actual filing date in each designated State.





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