TRADEMARK REGISTRATION
A trademark (popularly known as brand name) in layman’s
language is a visual symbol which may be a word signature, name,
device, label, numerals or combination of colors used by one
undertaking on goods or services or other articles of commerce to
distinguish it from other similar goods or services originating from a
different undertaking.
What Can Be Trademarked?
A phrase, word, symbol, device, or even a color is all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law. Trademarks have a 10-year protection span.
Trademarks are important to:
- • Distinguish your company from others
- • Indicate the source of goods
- • Distinguish your service from others
- • Give permission to other companies for cobranding
- • Indicate a membership in a union
What Can't Be Trademarked?
Originally, only goods could be trademarked, but the law now protects both goods and services.
However, you can't trademark:
- • Proper names or likenesses without consent from the person
- • Generic terms, phrases, or the like
- • Government symbols or insignia
- • Vulgar or disparaging words or phrases
- • The likeness of a U.S. President, former or current
- • Immoral, deceptive, or scandalous words or symbols
- • Sounds or short motifs. These are covered by copyright instead.
Why Is a Trademark Important?
A trademark protects you by law if someone steals your logo or otherwise infringes upon your idea. However, using an unregistered trademark is till effective. By using the trademark (TM) logo, you can still protect yourself. Any company using a similar logo has to have the burden of proof. As a general rule, an unregistered trademark is effective in a small geographic setting. National companies must register to gain legal protection throughout the country.
COPYRIGHT REGISTRATION
Copyright is a right given by the law to creators of literary,
software, dramatic, musical and artistic works, audio- video
recordings and producers of cinematography films and sound
recordings.
What Can Be Copyrighted?
Only original works of authorship may be copyrighted. This means that the original creator of the work or his or her agent is the only one who may obtain a copyright. You cannot take someone else's work and obtain a copyright.
Types of Works
The following types of works are allowed protection under the copyright law:
- - Literary Works. This can include novels, nonfiction works, poems, articles, essays, directories, advertising, catalogs, speeches, and computer programs.
- - Musical Works. This category includes both the musical notation and the accompanying words.
- - Dramatic Works. This type includes plays, operas, scripts, screenplays, and any accompanying music.
- - Pantomimes and Choreographic Works. Popular dance steps are not included in this type of work.
- - Pictorial, Graphic, and Sculptural Works. Works included are sketches, drawings, cartoons, paintings, photographs, slides, greeting cards, architectural and engineering drawings, maps, charts, globes, sculptures, jewelry, glassware, models, tapestries, fabric designs, and wallpapers.
- - Motion Pictures and Other Audiovisual Works. These include movies, videos, and film strips.
- - Sound Recordings. This includes recorded music, voice, and sound effects. Thunder, animal noises, and other sounds of nature may be copyrighted by the persons who record them.
Why is a copyright important?
Benefits of Copyright Protection
A copyright confers a number of benefits:
Ownership: Only the copyright-holder has a right to use a copyrighted work. All others must seek permission from the owner to use a copyrighted work. Authors, musicians, artists and others often license use of their copyrighted works, as a means of earning income from their creations. (There are some exceptions to this - such as the legal concept of "fair use" - which allows small excerpts of works, in limited cases).
Longevity: Copyright protection under modern law lasts for _70 years afte_r the author's death, which is a considerably longer term than existed before the legal updates of recent decades.
Penalties: Copyright law stipulates monetary penalties for infringing upon -- that is, using without permission -- another's copyrighted work. Fines vary, but they can be substantial and are based on a court determination of financial damage to the copyright-holder, in terms of lost sales, legal fees, and so on.
Coverage: Federal law and international treaties means that your copyright is protected not only in the United States, but also in most countries around the world.
Clarity: The law provides some amount of insight into copyright ownership in complex situations. Most pertinent to business owners is the creation of "works for hire." If an employee creates a pamphlet or website for your business, for example, the copyright is generally held by the business rather than the individual employee. Because ownership is not always totally clear (works by contractors can be complex), it is useful to specify copyright ownership in any contracts you enter into for creative works.
PATENT REGISTRATION
What is Patent?
A patent is a legal document that is granted by the central government or the country, depending on the national rules. It gives an inventor of a particular thing, the exclusive right to make, use and sell his or her creation for a specified period of time.
The basic idea of this system is to encourage the inventors to safeguard their own creations.
What can be Patented ?
- • The subject matter must be patentable.
- • The invention must be novel.
- • The invention must have some utility or usefulness.
- • The invention must not be obvious.
Benefits of getting a patent
- • Prevents theft of your invention
- • The freedom of exclusivity
- • Easy to build a merchandise and commercialize
- • Higher market share since your idea becomes a brand
- • More monetary value and higher profit margins
DESIGN REGISTRATION
Design means only the features of shape, configuration,
pattern or ornament or composition of lines or color or combination
thereof applied to any article whether two dimensional or three
dimensional or in both forms, by any industrial process or means,
whether manual, mechanical or chemical, separate or combined,
which in the finished article appeal to and are judged solely by the
eye, but does not include any mode or principle or construction or
anything which is in substance a mere mechanical device.
Why Register Your Design ?
- - Statutory right – accrues only on registration - territorial
- - Monopoly Period of 10 years extendable by 5
- - Gives you a Unique Selling Point (USP)
- - Is an asset & can be licensed
- - Right to prevent all other from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation
ISO CERTIFICATIONS
ISO 9001, ISO 14, 000, ISO 18,000.ISO 27, 000, ISO 22, 000 ETC
ISO is an international standard that specifies requirements for a quality management system (QMS). Organizations use the standard to demonstrate the ability to consistently provide products and services that meet customer and regulatory requirements.
Benefits of ISO Registrations
- Boost staff performance and overall productivity
- Flesh Out Your Company’s Processes
- Reduce Waste and Improve Efficiency.
- Provide an improved customer experience.
MAHARASHTRA POLLITION CONTROL BOARD (MPCB) CERTIFICATE
Any industry, operation or process or an extension and addition thereto, which is likely to discharge sewerage or trade effluent into the environment or likely to emit any air pollution into the atmosphere will have to obtain consent of the State Pollution Control Board. .
Similarly any industry / process generating, storing, transporting, disposing or handling hazardous waste.
The medical institutions generating biomedical waste as defined in Biomedical Waste
MPCB license includes
- Consent to establishment
- Consent to operate
- Renewal certificate
BARCODE REGISTRATION
Barcodes are symbols that can be scanned electronically using laser or camera-based systems.
They are used to encode information such as product numbers, serial numbers and batch numbers. Barcodes play a key role in supply chains, enabling parties like retailers, manufacturers, transport providers and hospitals to automatically identify and track products as they move through the supply chain
MSME REGISTRATION
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Composite Criteria: Investment in Plant & Machinery/equipment and Annual Turnover
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| Classification |
Micro |
Small |
Medium |
Manufacturing Enterprises and Enterprises rendering Services |
Enterprises rendering Services Investment in Plant and Machinery or Equipment:
Not more than Rs.1 crore and Annual Turnover ; not more than Rs. 5 crore
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Investment in Plant and Machinery or Equipment:
Not more than Rs.10 crore and Annual Turnover ; not more than Rs. 50 crore
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Investment in Plant and Machinery or Equipment:
Not more than Rs.50 crore and Annual Turnover ; not more than Rs. 250 crore
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CE MARK
The Conformitè Europëenne (CE) Mark is defined as the European Union’s (EU) mandatory conformity marking for regulating the goods sold within the European Economic Area (EEA) since 1985. The CE marking represents a manufacturer’s declaration that products comply with the EU’s New Approach Directives. These directives not only apply to products within the EU but also for products that are manufactured in or designed to be sold in the EEA. This makes the CE marking recognizable worldwide even to those unfamiliar with the EEA.
How Does The CE Mark Works?
A CE Mark is a symbol that must be affixed to many products before they can be sold on the European market. The mark indicates that a product:
- - Fulfills the requirements of relevant European product directives
- - Is fit for its purpose and will not endanger lives or property
- - Meets all the requirements of the relevant recognized European harmonized performance and safety standards