FAQ (Frequently Asked Questions)

Our highly experienced design registration team can help you with filing, registration, examination and foreign protection services.

Patent FAQ’s:

An invention needs to have these three main qualities to be patentable:

  • Novelty – invention should be new
  • Inventiveness (Non-obviousness) – should have an inventive step that makes the invention unique
  • Industrial utility/Usefulness – it should not be a mere prototype but it should be working and has to have some use

Any Individual Person, Company, Trust, NGO, even Govt. agency can apply for Trademark.

Yes, the applicant can make a request for early publication in Form 9 along with the prescribed fee. The Patent Office publishes the application after receiving such request within a period of one month provided the invention contained thereon does not relate to atomic energy or defense purpose.

The three types of patents are utility patents, design patents, and plant patents.

The Office of the Controller General of Patents, Designs and TradeMarks (CGPDTM) generally known as the Indian Patent Office, is an agency under the Department for Promotion of Industry and Internal Trade which administers the Indian law of patents, designs and trademarks.

Patent registration is valid for 20 years in India.

Patent registration application should include the details of the invention in the form of a CD or a pen drive that has mentioned the name, the uses, and the data of the invention.

10 days before the statutory deadline, the applicant must file a request for a hearing. If the applicant fails to do so, the controller has the authority to reject the application without hearing the inventors.

Trademark FAQ’s:

Trademark is a logo, brand name, product name, website name, word or punch line by which customers recognize or differentiate the products or services of one company from another.

Any Individual Person, Company, Trust, NGO, even Govt. agency can apply for Trademark.

Business name, product name, website domain name, brand name, logo or slogan can be trademarked.

Trademark search is done to check if the name to be registered is already taken by others or is closely similar to existing trademarks in trademark database. Proper trademark search is important in trademark registration process.

Trademark consultant is a lawyer or attorney specialised in Trademark laws. They are also known as Trademark Agents.

Trademark Lawyer is an expert in trademark laws and trademark name registration process. Trademark attorney and lawyer is one and the same.

By filing a trademark application with Indian Trademark Registry, you can protect your trademark. Startupwala makes it easy for anyone to file for Trademark application. For more details, please fill the above details and Get Started now.

Government Fees for each trademark application is Rs. 4,500, Startupwala trademark consultant fees is Rs. 998.

Firstly detailed trademark check is conducted, after that one page authority letter is signed by the owner, then the Consultant files the application with the trademark registry.

You can use (TM) mark as soon as the Trademark application is filed and you receive acknowledgement receipt. (R) mark can be used once trademark is registered.

Copyright is a right or protection given to original creators or owners of content like Authors for Books, software developers for computer programming, Artists or writers for songs or to Companies which get the content created by spending money and time.

Copyright can be applied for Website content, Software codes, Books, Marketing materials, Videos, Photographs, logo design and Song recordings.

One can make a copyright application to Copyright office in India which is a Government Office responsible for registration of Copyrights. Startupwala makes it easy for anyone to make copyright application. For more details, please fill the above details and Get Started Now.

The creators of original content who want to protect their work from copycats must apply for Copyright. Authors, Designers, Artists, Writers, Choreographers, Poets, Musicians or any Company which employs these creators to get original content created can apply Copyright in its own name.

Copyright consultant is a lawyer or attorney specialized in Copyright laws, who can simplify the documentation and help you to file a proper copyright application.

The copyright fees depend upon the type of work to be copyrighted, as the Govt. charges change according to type of work. For more details, please fill the above details and Get Started Noew.

Once the Copyright Application is filed, you will get a copyright diary number, which is legal proof of your application. Copyright office will keep the application open for 30 days for objection. If no objection is received from any party, it typically takes 8 to 12 months for Copyright Certificate to be issued.

You can use (C) mark as soon as content is created, however it is safe to use once the Copyright application is filed and you receive acknowledgement receipt.

Startupwala’s online copyright application process is very simple and economical. Our Clients regularly tell us that they thought copyright registration would have been very complex and costly affair but after experiencing Startupwala’s service they felt that they should have done this much before. See what our clients want to say about us

Copyright is permanent in nature and will exist for life time of the creator plus 60 years after death of creator. The validity of copyright registration will lifelong and after 60 years after death of creator it will be open to general public to imitate or reproduce the content freely.

Others FAQ’s:

As per the Designs Act 2000 the term “article” refers to any article of manufacture and any substance, whether artificial, or partially artificial and partially original. This also includes all components of that article capable of being finished and sold separate to each other.

The main intent behind obtaining the Design registration under the Designs Act is to safeguard new or innovative designs that created for application on a particular article, which is to be manufactured by an Industrial Process or mode, from being copied. Sometimes the buying of articles for consumption is affected not only by their practical quality but by their outer look too. The significant purpose behind design Registration is to make sure that the artisan, inventor designer of a design having artistic look is not dispossessed of his bona fide prize by any other who are imitating his design to their own goods.

As per the Designs Act 2000 the term ‘Design’ refers only the characteristics of shape, configuration, patterns or adornments or the work of art including lines or hues or a blend thereof applied to any article. A design can be either 2 dimensional or 3 dimensional or in both types, by any industrial process or means, whether labor-intensive, automatic or chemical-based, separate or joint, which in the completed article attract and are recognized solely by the naked eye, but does not consist of any method or principle or manufacturing or anything which is in substance a simple mechanical device. This does not take account of any trade mark, as defined in section 2(v) of the Trade and Merchandise Marks Act 1958, a property mark or a creative work as defined under Section 2(c) of the Copyright Act 1957.

Soon after submitting application for design registration in orderly format, it is accepted and the design is registered. Thereafter, a certificate of the design registration shall be issued to the applicant. However, a different request should be made by the applicant to the Controller of Designs for obtaining of a certified copy of that certificate for the purpose of legal proceeding, along with mandatory government fee.

The Register of Designs is a basically a document maintained by The Patent Office, Kolkata. It is a legal requirement. This register encloses the design number, its class number, date of filing (in India) and reciprocity date (if any), name and address of the Proprietor and other relevant matters that would influence the validity of proprietorship of the design and it is open for public assessment on the imbursement of the prescribed authoritative fee & excerpt from the designs register shall also be obtained on the request along with the prescribed government fee.

The date of registration except in case of priority document shall be the actual date of filing the design application. In case of the design registration of the priority document, the date of design registration shall be the date of making the application in the reciprocal nation.

No, even if the design is registered, but it’s the copyright has expired, cannot be re-registered under Designs Act 2000.

The validity of the design registration is initially 10 years from the date of registration. However, in case the claim to priority has been permitted, the validity if the design shall be 10 years from the priority date. The initial period of design registration can be extended further by 5 more years through an application made in Form-3 adjunct to the prescribed government fee to the Controller of designs before the expiry of the earlier initial period of 10 years. The proprietor of the design shall make the application for such expansion the moment the design gets registered.

The registration of a proposed design confers upon the registered proprietor’s ‘Copyright’ in respect of the design for the period of his registration. Here ‘Copyright’ means the special right to apply a design to his article falling under the class in which it has been registered.

Piracy of a design refers to the application of a design or its cheap imitation to any article belonging to the same class of the articles where the proposed design was registered, for the purpose of the sale or importation of such articles without the written consent of the registered proprietor. Publishing such articles or revealing the terms for the sale with information of the illicit application of the design to them also comes under the definition of design piracy.