#Trademark Objection Reply Draft In India

[cainjaipur]

Trademark Registration in Jaipur

Goyal Mangal and Company is Best CA Firm offering Best Trademark Registration Service in Jaipur. 

Planning to establish a company or expanding your existing business? Thinking to acquire Trademark registration of the same day? Is other company misusing your invested trademark as its own identity?.

What is Trademark? A trademark is a graphic form of a visual symbol which represents a business brand and distinguishes the identity with other traders. It may be in the form of a logo, signature, name, label, word, letters, numerals, shapes etc. Trademark symbolise the identity of the business so company decides it after making research to make the trademark unique and attractive. Being an intangible asset or intellectual property, it is used to differ products or services from other similar products or services generated by a separate organisation.

Though trademark is not compulsory by the law or government, Yet It symbolises the brand, identity & Quality of a firm.

When can a Trademark not be registered? Trademark supposed to be an asset of a company. So a trademark similar or copied from other organization will not be registered.  so it should not be similar or copied from other companies. Apart from this, a trademark which is illusory, offensive, identical, containing prohibited elements etc. Can not be registered by the Law.

Why to register a Trademark? Being an important asset, it needs to be registered to restrict the other business owners to use your own business identity. It protects the company rights or Investments which it had invested in a Brand or Logo. An example can be highlighted with the help of giant companies like siemens, Apple, Pepsi and Coca-Cola belonging to same industry yet signifying separate brand. Likewise, we can find numerous examples of live companies bearing trademark as a brand like LG, Godrej etc. Trademark, as a business identity, distinguish a company with other companies a brand. Once registered, company get recognition by trademark, along with the business name. Trademark serves a badge, brand, quality, loyalty, goodwill statement,

How to register a Trademark? Registering a trademark does not consist complicated procedures, just to follow the simple procedures. Trademarks are registered under the trademark act, 1999 by the controller general of patents design and trademarks, Ministry of Commerce and Industry, Government of India to sue the other traders in case of infringements of company trademarks.

Who can apply for registration of Trademark? Any individual, proprietor, company, partnership firm, a legal entity can apply for the registration of the trademark and can use symbol ‘TM’ till the registration is approved. Once trademark gets registered, the company may start using ® after getting certification. The whole process may take up to 2 year or 18-24 months. Registered trademark is valid for 10 years which needs to be renewed later. A trademark is a guarantee of service, products, quality, and advertisement. So should be taken care of misusing the same. Trademark should not be similar to others

Documents required filing an application to register a Trademark? To file a trademark application, one need to attach the following documents:- Trademark or logo copy, Applicant details - Name, address proof, Nationality proof Company details, Products or services which are to be registered A signed copy of the Power of attorney on a 100Rs. Stamp Paper First date of using the trademark before getting or applying for registration

The company may perform the work on its own or through legal representative owned by the company. It may also delegate the work to some experienced consulting firm having expertise in Registration work.

The process of Trademark and its Registration? As we mentioned, Trademark is the visual form which is usually taken as Logo of a Company. A logo is designed through a Graphic Designer or any Photoshop maker but one should follow the strict guidelines before designing a logo.  A company must carry a research through trademark agent to verify the similarity of the trademark. These agents check the trademark office to ensure the credibility of the trademark or never registered by some other company. This verification can be done through any mode I.e., online verification & offline verification. One may adopt both the procedures to double ensure the accuracy and uniqueness.

Once trademark verified through trusted resources, Company may work further. In the case of duplicity, it needs to get it re-design again and will have to conduct the same research again till exclusive trademark found. Once uniqueness achieved, Company or representative must require drafting an application along with the requisite documents. After filing an application, the company may use ‘™’ till the approval received.

Once the application reached to Trademark office, they will check the data to avoid duplicacy. In the case of duplicate application, last application can be rejected. Otherwise, the mentioned trademark will be published in Trademarks Journal for 4 months to check any voice raised against the said trademark. If anyone creates objection, Trademark will be in issue for hearings till the issue get resolved. Once all the clarifications received from legal sides, Trademark can be sent for registration and will be approved within 6 months. Application status can be checked or reviewed online through application number assigned to the trademark owner.

Trademark being an intellectual property and intangible asset holds an important place in business for at least 10 years which is to be renewed after 10 years. A company may renew the same trademark or can apply for the new trademark while following the same process mentioned above.

Trademark registering firms usually have their qualified staff who adhere the whole process responsibilities on behalf of the company with a certain amount of consulting fee or charges. Hearing charges, reply charges (in a case of opposition filed), may be separate apart from the Trademark registration charges. Opt for the experienced legal representative or trademark consulting firm to handle the whole registration process till approval.

[vakilsearch01]

What Is Trademark Objection In India

trademark objection Trademark Objection

Trademark applications must be rigorously scrutinized by the examiner after filing. It is possible for the trademark examiner to reject the trademark registration application that has been submitted. Trademark objections are what cause this rejection. It indicates that the examiner disapproved the application after reviewing it.

Why bother about Objection?

Trademark objections are too common and too frequent in India. A large number of trademark applications are filed every year. More than 60 percent of these applications face objections every year. Thus, you should be extremely careful when filing your application for registration. Regardless of the amount of time you spent drafting the application, the Objection to the trademark takes a short time.

The trademark objection process is complete as soon as a trademark examination report is created. In the report, the trademark is either approved or rejected.

Trademark Objection Reply

It is important to remember that trademark objections are not always fair. Due to this, there is a Trademark Objection Reply. Replies to TM objections must be submitted in a customized manner. Replying to the Objection is basically rebutting each statement made in the Objection. A reasonable response can counter the objection. In the event that the reply is accepted, the trademark is published. It is a matter of the hearing if that is not the case.

Consequently, you need a good reply to your trademark objection application, or else your registration efforts will be in vain.

Consult trademark experts to file Trademark Objection OR reply

Don't worry, there's no need to worry! The Registrationwala team is comprised of trademark advocates, trademark agents, and the best IPR experts in the industry. To counter a trademark objection, they prepare the perfect reply. Furthermore, trademark objection reply fees are also low, so you can also benefit from an affordable response. Therefore, our trademark experts are the ones you should contact if you want to get your trademark published in a trademark journal.

Ø  Eligibility Criteria for Trademark Objection

Ø  Following are the eligibility criteria for Trademark Objection:

Ø  There are two grounds for objecting to trademarks. Here are some of them:

Absolute Grounds:

·       The trademark does not possess any distinctive character.

·       The trademark tells the quality of the product it represents.

·       Whether deliberate or mistaken, the trademark offends specific communities.

Relative Grounds:

o   The trademark can cause confusion among public

o   Documents Required for Trademark Objection

o   To file a Trademark Objection, the following documents are required:

o   Authorization Documents

o   Examination Report of Trademark

o   ID Proof

o   Address Proof

o   Process for Trademark Objection

o   The process to tackle trademark objections is as follows:

o   Check the trademark application status.

o   Analyze. the trademark objection.

o   Draft a reply.

o   File the reply after checking and rechecking.

o   Get feedback for the reply for the said department.

o   The trademark journal will publish your trademark if the reply is accepted.

o   In the case of a rejected trademark reply, your representative will attend the trademark hearing.

o   Our Assistance to file the Trademark Objection 

o   The trademark objection process can be handled by Registrationwala from beginning to end. We provide the following services:

o   Initiating the process and collecting information

o   Drafting the application

o   Making changes to the draft if necessary

Filing the application

It is one of the leading legal consultancy firms in the field of trademark objections, providing a comprehensive range of services.

 If you would like your trademark objection removed, please contact us now.

[iipta]

10 Myths about Patent Agent Examination

Myth #1: Patent agent exam is for lawyers and completely law-based

According to the Government of India, the minimum qualification to appear in the patent agent exam is — “Any Science Graduation”. There is no mention of any Law graduation or legal knowledge. This clearly indicates that a patent agent is supposed to be a person with technical know-how, which is good as patents are actually the protection of “Technological Inventions”. Do you have to study law? Yes, a little bit, The Patent Act 1970 to be exact. But the law is tough. How will I study? No, this law revolves around technology and inventions. It revolves around — what is an invention? What are your rights as an inventor? How to protect invention? And what can be done if somebody steals your invention etc. So it is actually very interesting for every science person and not difficult. For people who still think it might be difficult IIPTA has rewritten every important section for patent agent exam in plain, simple English in the book “Paper 1“.

Myth #2: I will be changing my field when I become a patent agent?

No. If you notice closely, the government only conducts the patent agent exam while there is no institute/college/university recognized by the government to impart education on the patent agent. This is a professional certification for the government, to increase your avenues and not to divert you from your mainstream.

What it means is, after becoming a registered patent agent: You can be in the field you are presently in, use the new knowledge in research, file patents for your own inventions or inventions of other people of any field and not just your field and be a more knowledgeable and responsible researcher / professional. Indian Institute of Patent and Trademark 13 If you want you can join any organization in RnD (in your field or if you wish any other field) in the IP department. Yes, every good RnD department of an organization has an IP cell nowadays. If you wish you can join a Law firm (you will still not need a law degree, you are a registered patent agent remember? That’s big) You can also start your own consultancy firm and give consultation to other people/researchers, etc in need of IP and Patent help.

Myth #3: Patent Attorney is a higher post than Patent agent and it is better to become a patent attorney directly.

Patent Agent and Patent Attorney are different people and they have a different job. No one is above the other. See below the scope of jobs.

PATENT AGENT

PATENT ATTORNEY

No law degree is required.

Law degree required.

Understanding the invention is easy because you are a science graduate.

Science degree required.

Understanding of the invention is patentable or not.

If there is an infringement, i.e. someone is stealing someone else’s invention; patent, etc. a patent attorney will be representing the client in the court of law.

Understanding that the invention is just one invention or a group of inventions.

Giving notices to the infringing party.

Drafting the patent claims to be actually protected in the invention.

Note that patent attorneys may also do all the things that a patent agent does, but essentially they are experts in the Court of Law which might take most of their time.

As you are a technical person, you can help in increasing the scope of

the invention by also including the applications of the invention in various industries, which a lawyer may not be able to do. Thus, helping the inventor greatly.

Filing the patent application on behalf of the inventor.

Replying to the technical objectives of the patent office in the first examination report.

Due to continuous research, if the invention is achieving even better results in the lab, you may be filling a patent of addition.

Getting the grant certificate for the inventor.

PATENT AGENT

PATENT ATTORNEY

No law degree is required.

Law degree required.

Understanding the invention is easy because you are a science graduate.

Science degree required.

Understanding of the invention is patentable or not.

If there is an infringement, i.e. someone is stealing someone else’s invention; patent, etc. a patent attorney will be representing the client in the court of law.

Understanding that the invention is just one invention or a group of inventions.

Giving notices to the infringing party.

Drafting the patent claims to be actually protected in the invention.

Note that patent attorneys may also do all the things that a patent agent does, but essentially they are experts in the Court of Law which might take most of their time.

As you are a technical person, you can help in increasing the scope of

the invention by also including the applications of the invention in various industries, which a lawyer may not be able to do. Thus, helping the inventor greatly.

Filing the patent application on behalf of the inventor.

Replying to the technical objectives of the patent office in the first examination report.

Due to continuous research, if the invention is achieving even better results in the lab, you may be filling a patent of addition.

Getting the grant certificate for the inventor.

Verdict: The above comparison is in no way intended to undermine any profession. The point is: it is not compulsory to be a lawyer to be the best Patent Agent. If you see your future in a court of law and litigation — go for being a Patent Attorney, if you prefer staying in the science and technology field, being a Patent Agent is the right choice. Personal thought: after years and studying law, going back to studying absolutely new and highly advanced technologies may be tough for some people and not helpful for the inventor (client), that’s why a lot of work (except for litigation, of course) is passed on to Patent Agents in law firms. As research, even law firms have more vacancies for Patent agents than Patent Attorneys.

Myth #4: My science knowledge will not be utilized

Again, minimum and compulsory qualification for even appearing the Patent Agent Exam in — Science Graduation, science knowledge is needed and will always be utilized in patent works. Also as seen in the above myth (#3) there is a list of things a Patent Agent is responsible for and they are not possible without any scientific knowledge.

Myth #5: I cannot be a patent agent because I’m already doing a job

Patent Agent is a government professional certification; you get a certificate from the government and a registered patent agent number after clearing the exam. There is no need for you to leave your job or college.

Myth #6: I will have to change my location to a place where the patent office is located

No change of location is required. It is called Indian Patent Agent and not something like Delhi Patent Agent or Mumbai Patent Agent. You are allowed to be anywhere, practice your patent profession anywhere, or just utilize the knowledge in your present job or course of study. This certificate will only increase your knowledge, promotion possibilities, and new career option.

Myth #7: The patent agent exam is very tough

Some people think it is tough because they are technical and a little law is involved, as discussed in Myth #1, patent law revolves around research, invention, and rights of an inventor, so it is interesting. Just make sure you don’t start preparing for the exam in the last week and expect to clear it. Start a little early and take just a little time out of your office or regular studies and you will be Indian Institute of Patent and Trademark 16 good. If you need expert help you can see the patent agent exam preparation series by IIPTA.

Myth #8: The patent agent exam is very easy because I am a lawyer.

Knowledge of science is not required for patent drafting. Try this and you might fail. Firstly; if you are a lawyer; but do not have an additional science degree, your application to appear in the Patent Agent Exam will be rejected by the Patent Office of India. Secondly, good patent claim drafting is not easy if you do practice it well and have good guidance. Law will only tell you, what is the definition of claims of a patent? Lastly, in viva voice, you will be asked questions which will be intellectual property or patent aspects of different technologies and science.

Myth #9: I can only file a patent for other people and clients but not for myself.

I am an Inventor Once you become a registered patent agent, you can file patents from yourself, others, and also in any technology which may be different from your present expertise or field of research.

Myth #10: I am an investor/researcher and Patent Agent knowledge will not be useful in doing research.

The general trend amongst researchers in India is to write researcher papers and get them published as soon as possible. Once the paper is published it is in the public domain now and thus cannot be patented even it is something new like an invention. Patent knowledge will help you identify the research that is patentable in India and abroad for yourself; your organization and others. It will also help you in possibly identifying white gaps or patentable ideas in technology if you can do a technology landscape search. Many technologies are built upon previously existing technology, but what is the previously existing technology is protected by a patent by someone else. You can find this out by Freedom to operate patent search. There are much more applications of patent knowledge in further research, people have basically written a book on this subject. So, in 1 line: Yes, your knowledge on patents will be highly useful in doing further research.

This article is by INDIAN INSTITUTE OF PATENT & TRADEMARK

[charteredaccountantjanakpuri]

Your One-Stop Solution for All Accounting Needs

If you are a Delhi-based businessman, you need professional help in managing your accounts, income tax returns, etc. In addition, you would also need an expert to guide you on various GST-related matters. Non-Resident Indians would also need experienced accountants to help them in NRI return filing in India.

With business booming in the country, many people; are considering starting their own businesses. For this you need someone who knows trademark registration in Delhi in detail.

Let’s understand the concepts of trademark, GST, etc. in some detail.

GST

If you conduct any business and are registered with the GST, you need to file your tax return. This return has to be filed on GSTR 9.

Filing your GST return is tricky because you need to record all transactions with suppliers and receivables. It is mandatory to file these returns quarterly or on a half-yearly basis. If you don’t follow this process, you are likely to pay a penalty or face some other punishment.

Traders and other businesses located in Janakpuri, Rajouri Garden, etc. can contact firms dealing in accounting services in west Delhi to manage their GST issues.

Please note that there are various forms of GSTR9. These are;

GSTR 9A- This is applicable to businesses under the composition scheme.

GSTR 9B- If you run e-commerce, you are liable to pay your tax return under GSTR 9B.

GSTR 9C- This scheme is applicable to businesses who have turnover of more than 2 crores. These firms must be subject to reconciliation, and the required document has to be certified by a chartered accountant.

Some businesses are exempt from filing GST. To know whether you fall into this category, please contact an accounting professional.

  Trademark Registration

If you want to register your trademark, you need to follow a few basic steps. These are;

Finding whether your desired trademark is available or not at the time of its registration.

You need to file the required documents and wait for any objections.

If there are any objections, you need an expert to draft your replies.

Getting your trademark certificate.

A good accountant also helps Non-Resident Indians file their tax returns.  All NRIs whose annual income in India exceeds Rs. 2.5 lakhs in a financial year have to file their returns.

You can manage all tax related issues by calling Manish Anil Gupta Chartered Accountants & Co. today. Their website is https://www.manishanilgupta.com/income-tax-return-services

[jasaseoup]

Online Trademark Search India

Search for additional than 15 Lacs providers, 40 Lacs Trademarks in all classes registered in India. Because 2011, Stanford faculty and the companyvakil.com Office of the Vice Provost for Teaching and Finding out (VPTL) have designed hundreds of online classes in topics ranging from psychology and philosophy to computer science and engineering. Brand protection and enforcement is frequently managed by the intellectual property (IP) laws of India, particularly Trademarks law of India.

Trademark Registration Search India Online

NOTE: The ® can only be applied to these trademarks that have been registered by the Government.Get your trademark https://www.companyvakil.com/ objection replies drafted by our highly skilled Firm Vakil lawyers and Legal Consultants. On cloud computing atmosphere, Amazon Internet Services (AWS) is the only cloud service vendor licensed to run Oracle database. Ownership in copyright house and trademarks- Copyright is when you have a thought but you never own that thought for instance if you function for a animated corporation Disney for instance you don't personal the rights to that idea Disney does. It is usually advised to get Trademark registration or brand name registration due to the fact having your organization registered will not guard your brand against these who might initiate utilizing identical or equivalent marks.

A trademark registration is an quick course of action which is performed on line and the trademark is ready to be used inside hours. Submit Patent Application On-line In India Tweed View HouseThe Copyright Act, 1957 came into impact from January 1958. Appear closely at what comes up. The certain patent the legal can most usually be unplaned in a court within law.

Company Owner Name Search India

The application for trademark should be created in a specified way and filed alongside the expense of trademark enlistment.If I recognize properly you personal five Processors licenses to use more than Prod, Test, & Dev not 15. III) Identifying the Class below which the Trade Mark to be registered. Also, do not new company name search india online overlook DR.

[juudgeblog]

Replying to Patent First Examination Report

In this article, Deepshikha Sarkar discusses Replying to Patent First Examination Report (Patent).

How to get your Patent Application Examined?

It is a common notion that a patent application is queued for examination after it is filed at the Indian Patent Office (IPO). Like in the case of Trademarks in, a period of six months to one year from the date of filing the Application is analyzed and if required an Examination Report is generated without any action from the Applicant, but that is not the case in Patents.

Patents have a deferred examination system in India. Filing a patent application does not essentially mean that an Applicant for the patent is requesting the IPO to examine his patent application. The Applicant can refrain from filing a request for examining his application up to 48 months from the date of priority (priority date here is the date of first filing of the invention), of the Indian patent application. Hence Indian Patent Act, 1970 makes it mandatory to file a request for examination.

It is to be noted that a request for examination may be filed by the applicant of the application or by any other interested person in such application providing proper evidence of interest in the particular application to the Patent Office.

After the request for examination, if the report is adverse to the grant of Patent then a communication is made to the Applicant. The Applicant then has to take steps so as to bring his invention into compliance with the Patent Act, 1970 within one year from the date on which the objection is forwarded to him. If the Applicant fails to do so, it will be deemed by the Patent Office that the Application has been abandoned.

How is the examination report prepared?

Examination Report writing methodology is as per GUIDELINES FOR SEARCH AND EXAMINATION OF PATENT APPLICATIONS, 2015 issued by OFFICE OF THE CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS.

Report of examiner

The examiner prepares a report of examination after conducting the examination in electronic module and sends it to the controller. After due for consideration of the report of the examiner by the controller as per the provisions of section 14 of the Act, the examination report along with its covering letter is generated through the module and subsequently sent to the address of service as mentioned on Form-1 in Patents Act 1970.

Approval/Decision of Controller: On approval of the controller, the first examination report (FER) is sent to the address of service of the applicant and intimation to this effect is sent through e-mail.

What are the factors that the Controller considers in the Examination Report?

The Controller considers the report of the examiner ordinarily within one month from the date of the receipt of such report and a gist of objections, if any, is sent to the applicant in the form of a report – First Examination Report (FER) – along with the application and specification, if required.

The FER is sent to the applicant, even when the request for examination has been filed by an interested third party. An intimation regarding the issue of FER is given to such person interested too.

What Are Some Common Objections?

First Examination Report may contain objections relating to:

The invention lacks novelty, inventive step and/or industrial applicability.

The subject matter of the invention is relating to a category, which is “Not an invention” as per Section 3 or Section 4 Patents Act, 1970.

The claims are not written correctly and do not describe the elements of the invention.

The claims are inconsistent with what is described in the specification.

The claims are written poorly and are unclear.

The claims describe more than one invention.

There is Non-fulfillment of any other requirement under the Act.

Why Is The Examination Report Reply Important?

An application may be very well drafted but if the arguments to the office action are weak it could ruin a potential innovation’s protective rights. Our practitioners are technically strong and trained to craft technical arguments based on the laws guided by patent laws around the globe.

Types Of Replies

A template is followed to begin drafting a response that keeps things accurate, fast and efficiently punctual. Things that need to be considered and focused on during an Examination Report Reply drafting can become very technical or just plain simple legal procedure compliance issue.

PROCEDURAL

If the objection is related to a procedure that the Patent Act, 1970 demands then the Applicant has no choice but to comply with taking necessary steps.

For example, when there are several novel subjects matters the unity of invention needs to be identified and because an application may have only one novel subject matter, another application may be filed for each new subject matter.

TECHNICAL

Technical objections can be countered by arguments. A few steps can be followed in case of technical arguments.

It has to be identified whether the arguments in the reply will be based on the original claim set or amendment is required. Further, Amending claims if required keeping in mind cited arts whether it predates the patent application filing date or not.

In case of objections relating to Novelty and obviousness, the technical differentiation with respect to prior art needs to be brought out.

Novelty is a subject of facts and arguments are based on eye to eye analysis and is subjective, so the only thing that can be done is explain own invention in a better manner.

Obviousness arguments are generally based on point of law which involves determining difference between the prior art and present claims. It has to be explained that the prior arts and the differences in combination do not reach to the invention, and the documents cited by the examiner cannot be combined by “a person skilled in art”. Doing a technical study and exploration to a point of scrutiny helps in drafting an appropriate legal response to the examination report.

  The post Replying to Patent First Examination Report appeared first on iPleaders.

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[loyallogic]

Replying to Patent First Examination Report

In this article, Deepshikha Sarkar discusses Replying to Patent First Examination Report (Patent).

How to get your Patent Application Examined?

It is a common notion that a patent application is queued for examination after it is filed at the Indian Patent Office (IPO). Like in the case of Trademarks in, a period of six months to one year from the date of filing the Application is analyzed and if required an Examination Report is generated without any action from the Applicant, but that is not the case in Patents.

Patents have a deferred examination system in India. Filing a patent application does not essentially mean that an Applicant for the patent is requesting the IPO to examine his patent application. The Applicant can refrain from filing a request for examining his application up to 48 months from the date of priority (priority date here is the date of first filing of the invention), of the Indian patent application. Hence Indian Patent Act, 1970 makes it mandatory to file a request for examination.

It is to be noted that a request for examination may be filed by the applicant of the application or by any other interested person in such application providing proper evidence of interest in the particular application to the Patent Office.

After the request for examination, if the report is adverse to the grant of Patent then a communication is made to the Applicant. The Applicant then has to take steps so as to bring his invention into compliance with the Patent Act, 1970 within one year from the date on which the objection is forwarded to him. If the Applicant fails to do so, it will be deemed by the Patent Office that the Application has been abandoned.

How is the examination report prepared?

Examination Report writing methodology is as per GUIDELINES FOR SEARCH AND EXAMINATION OF PATENT APPLICATIONS, 2015 issued by OFFICE OF THE CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS.

Report of examiner

The examiner prepares a report of examination after conducting the examination in electronic module and sends it to the controller. After due for consideration of the report of the examiner by the controller as per the provisions of section 14 of the Act, the examination report along with its covering letter is generated through the module and subsequently sent to the address of service as mentioned on Form-1 in Patents Act 1970.

Approval/Decision of Controller: On approval of the controller, the first examination report (FER) is sent to the address of service of the applicant and intimation to this effect is sent through e-mail.

What are the factors that the Controller considers in the Examination Report?

The Controller considers the report of the examiner ordinarily within one month from the date of the receipt of such report and a gist of objections, if any, is sent to the applicant in the form of a report – First Examination Report (FER) – along with the application and specification, if required.

The FER is sent to the applicant, even when the request for examination has been filed by an interested third party. An intimation regarding the issue of FER is given to such person interested too.

What Are Some Common Objections?

First Examination Report may contain objections relating to:

The invention lacks novelty, inventive step and/or industrial applicability.

The subject matter of the invention is relating to a category, which is “Not an invention” as per Section 3 or Section 4 Patents Act, 1970.

The claims are not written correctly and do not describe the elements of the invention.

The claims are inconsistent with what is described in the specification.

The claims are written poorly and are unclear.

The claims describe more than one invention.

There is Non-fulfillment of any other requirement under the Act.

Why Is The Examination Report Reply Important?

An application may be very well drafted but if the arguments to the office action are weak it could ruin a potential innovation’s protective rights. Our practitioners are technically strong and trained to craft technical arguments based on the laws guided by patent laws around the globe.

Types Of Replies

A template is followed to begin drafting a response that keeps things accurate, fast and efficiently punctual. Things that need to be considered and focused on during an Examination Report Reply drafting can become very technical or just plain simple legal procedure compliance issue.

PROCEDURAL

If the objection is related to a procedure that the Patent Act, 1970 demands then the Applicant has no choice but to comply with taking necessary steps.

For example, when there are several novel subjects matters the unity of invention needs to be identified and because an application may have only one novel subject matter, another application may be filed for each new subject matter.

TECHNICAL

Technical objections can be countered by arguments. A few steps can be followed in case of technical arguments.

It has to be identified whether the arguments in the reply will be based on the original claim set or amendment is required. Further, Amending claims if required keeping in mind cited arts whether it predates the patent application filing date or not.

In case of objections relating to Novelty and obviousness, the technical differentiation with respect to prior art needs to be brought out.

Novelty is a subject of facts and arguments are based on eye to eye analysis and is subjective, so the only thing that can be done is explain own invention in a better manner.

Obviousness arguments are generally based on point of law which involves determining difference between the prior art and present claims. It has to be explained that the prior arts and the differences in combination do not reach to the invention, and the documents cited by the examiner cannot be combined by “a person skilled in art”. Doing a technical study and exploration to a point of scrutiny helps in drafting an appropriate legal response to the examination report.

  The post Replying to Patent First Examination Report appeared first on iPleaders.

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[myaanoorglobal]

Trademark Renewal Online in Chennai | Apply for Renew Trademark Registration Chennai

Aanoorglobal helps to file your application of trademark renewal to extend the rights of your trademarks for the next coming years at an affordable rate.

What is included in our objection reply for trademark package?(Includes)

Object drafting.

Object filing.

Government Fees.

Consultation.

Same day filling.

Precedents search.

What is Trademark Renewal?

A registered trademark in India can be made permanent if you file a trademark renewal application offline or online by paying a renewal fee for every ten years. The application needs to be filled before or on six months from the registration expiry date. The trademark Renewal is useful in India enable you to keep your trademark permanent and perpetual as there are no rights on how many years and times you wish to keep the status of your brands registered and active.

Advantages of Trademark registration renewal:Extension of Ownership rights:

Once can get the protection from powers for infringement over the brand name. The rights over the trademark registration renewal are extended for an additional ten years after every renewal. It offers permanent brand protection and goodwill created by the logo.

Monetary Returns:

A trademark creditor has the full rights to license or assign the mark to someone else in returning of little monetary compensation. Thus, it’s easy to make a profit from the trademark registration renewal.

Protection from Frivolous Litigation:

It is possible to have excellent protection for a trademark without any changes in litigation. The trademarks renewal makes it impossible for anyone to receive the right over others when compared with the trademark owner.

Brand Name Security:

The renewal of trademark promises unhindered and continuous protection of the brand name. The failure of renewal leads to legal protection lapse in the name of the brand.

How to renew your Trademark Registration?

Follow the below few steps to trademark application renewal.

Follow Quick Process:

Fill our simple online questionnaire form, upload the relevant documents and make payment through our protected gateways.

We do have professionals to help you:

Assigned relationship manager, consultation upon the renewal, offer ™ registration certificate and Application No, Filing and preparation of the application.

Your trademark is renewed:

It just it takes 3 to 5 days.

Renewal of trademark registration Procedure:

Day 1 – Collection:

Discussion regarding the necessary information and gathering it, offer needed documents for renewal services for trademarks.

Day2 & 3 – Execution:

Documents drafting by experts.

Day 4- Online Filing :

Day 4- Online Filing ™ renewal application and sharing the acknowledgement.

[juudgeblog]

Replying to Patent First Examination Report

In this article, Deepshikha Sarkar discusses Replying to Patent First Examination Report (Patent).

How to get your Patent Application Examined?

It is a common notion that a patent application is queued for examination after it is filed at the Indian Patent Office (IPO). Like in the case of Trademarks in, a period of six months to one year from the date of filing the Application is analyzed and if required an Examination Report is generated without any action from the Applicant, but that is not the case in Patents.

Patents have a deferred examination system in India. Filing a patent application does not essentially mean that an Applicant for the patent is requesting the IPO to examine his patent application. The Applicant can refrain from filing a request for examining his application up to 48 months from the date of priority (priority date here is the date of first filing of the invention), of the Indian patent application. Hence Indian Patent Act, 1970 makes it mandatory to file a request for examination.

It is to be noted that a request for examination may be filed by the applicant of the application or by any other interested person in such application providing proper evidence of interest in the particular application to the Patent Office.

After the request for examination, if the report is adverse to the grant of Patent then a communication is made to the Applicant. The Applicant then has to take steps so as to bring his invention into compliance with the Patent Act, 1970 within one year from the date on which the objection is forwarded to him. If the Applicant fails to do so, it will be deemed by the Patent Office that the Application has been abandoned.

How is the examination report prepared?

Examination Report writing methodology is as per GUIDELINES FOR SEARCH AND EXAMINATION OF PATENT APPLICATIONS, 2015 issued by OFFICE OF THE CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS.

Report of examiner

The examiner prepares a report of examination after conducting the examination in electronic module and sends it to the controller. After due for consideration of the report of the examiner by the controller as per the provisions of section 14 of the Act, the examination report along with its covering letter is generated through the module and subsequently sent to the address of service as mentioned on Form-1 in Patents Act 1970.

Approval/Decision of Controller: On approval of the controller, the first examination report (FER) is sent to the address of service of the applicant and intimation to this effect is sent through e-mail.

What are the factors that the Controller considers in the Examination Report?

The Controller considers the report of the examiner ordinarily within one month from the date of the receipt of such report and a gist of objections, if any, is sent to the applicant in the form of a report – First Examination Report (FER) – along with the application and specification, if required.

The FER is sent to the applicant, even when the request for examination has been filed by an interested third party. An intimation regarding the issue of FER is given to such person interested too.

What Are Some Common Objections?

First Examination Report may contain objections relating to:

The invention lacks novelty, inventive step and/or industrial applicability.

The subject matter of the invention is relating to a category, which is “Not an invention” as per Section 3 or Section 4 Patents Act, 1970.

The claims are not written correctly and do not describe the elements of the invention.

The claims are inconsistent with what is described in the specification.

The claims are written poorly and are unclear.

The claims describe more than one invention.

There is Non-fulfillment of any other requirement under the Act.

Why Is The Examination Report Reply Important?

An application may be very well drafted but if the arguments to the office action are weak it could ruin a potential innovation’s protective rights. Our practitioners are technically strong and trained to craft technical arguments based on the laws guided by patent laws around the globe.

Types Of Replies

A template is followed to begin drafting a response that keeps things accurate, fast and efficiently punctual. Things that need to be considered and focused on during an Examination Report Reply drafting can become very technical or just plain simple legal procedure compliance issue.

PROCEDURAL

If the objection is related to a procedure that the Patent Act, 1970 demands then the Applicant has no choice but to comply with taking necessary steps.

For example, when there are several novel subjects matters the unity of invention needs to be identified and because an application may have only one novel subject matter, another application may be filed for each new subject matter.

TECHNICAL

Technical objections can be countered by arguments. A few steps can be followed in case of technical arguments.

It has to be identified whether the arguments in the reply will be based on the original claim set or amendment is required. Further, Amending claims if required keeping in mind cited arts whether it predates the patent application filing date or not.

In case of objections relating to Novelty and obviousness, the technical differentiation with respect to prior art needs to be brought out.

Novelty is a subject of facts and arguments are based on eye to eye analysis and is subjective, so the only thing that can be done is explain own invention in a better manner.

Obviousness arguments are generally based on point of law which involves determining difference between the prior art and present claims. It has to be explained that the prior arts and the differences in combination do not reach to the invention, and the documents cited by the examiner cannot be combined by “a person skilled in art”. Doing a technical study and exploration to a point of scrutiny helps in drafting an appropriate legal response to the examination report.

  The post Replying to Patent First Examination Report appeared first on iPleaders.

Replying to Patent First Examination Report syndicated from http://ift.tt/2vKNZDn

[juudgeblog]

Replying to Patent First Examination Report

In this article, Deepshikha Sarkar discusses Replying to Patent First Examination Report (Patent).

How to get your Patent Application Examined?

It is a common notion that a patent application is queued for examination after it is filed at the Indian Patent Office (IPO). Like in the case of Trademarks in, a period of six months to one year from the date of filing the Application is analyzed and if required an Examination Report is generated without any action from the Applicant, but that is not the case in Patents.

Patents have a deferred examination system in India. Filing a patent application does not essentially mean that an Applicant for the patent is requesting the IPO to examine his patent application. The Applicant can refrain from filing a request for examining his application up to 48 months from the date of priority (priority date here is the date of first filing of the invention), of the Indian patent application. Hence Indian Patent Act, 1970 makes it mandatory to file a request for examination.

It is to be noted that a request for examination may be filed by the applicant of the application or by any other interested person in such application providing proper evidence of interest in the particular application to the Patent Office.

After the request for examination, if the report is adverse to the grant of Patent then a communication is made to the Applicant. The Applicant then has to take steps so as to bring his invention into compliance with the Patent Act, 1970 within one year from the date on which the objection is forwarded to him. If the Applicant fails to do so, it will be deemed by the Patent Office that the Application has been abandoned.

How is the examination report prepared?

Examination Report writing methodology is as per GUIDELINES FOR SEARCH AND EXAMINATION OF PATENT APPLICATIONS, 2015 issued by OFFICE OF THE CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS.

Report of examiner

The examiner prepares a report of examination after conducting the examination in electronic module and sends it to the controller. After due for consideration of the report of the examiner by the controller as per the provisions of section 14 of the Act, the examination report along with its covering letter is generated through the module and subsequently sent to the address of service as mentioned on Form-1 in Patents Act 1970.

Approval/Decision of Controller: On approval of the controller, the first examination report (FER) is sent to the address of service of the applicant and intimation to this effect is sent through e-mail.

What are the factors that the Controller considers in the Examination Report?

The Controller considers the report of the examiner ordinarily within one month from the date of the receipt of such report and a gist of objections, if any, is sent to the applicant in the form of a report – First Examination Report (FER) – along with the application and specification, if required.

The FER is sent to the applicant, even when the request for examination has been filed by an interested third party. An intimation regarding the issue of FER is given to such person interested too.

What Are Some Common Objections?

First Examination Report may contain objections relating to:

The invention lacks novelty, inventive step and/or industrial applicability.

The subject matter of the invention is relating to a category, which is “Not an invention” as per Section 3 or Section 4 Patents Act, 1970.

The claims are not written correctly and do not describe the elements of the invention.

The claims are inconsistent with what is described in the specification.

The claims are written poorly and are unclear.

The claims describe more than one invention.

There is Non-fulfillment of any other requirement under the Act.

Why Is The Examination Report Reply Important?

An application may be very well drafted but if the arguments to the office action are weak it could ruin a potential innovation’s protective rights. Our practitioners are technically strong and trained to craft technical arguments based on the laws guided by patent laws around the globe.

Types Of Replies

A template is followed to begin drafting a response that keeps things accurate, fast and efficiently punctual. Things that need to be considered and focused on during an Examination Report Reply drafting can become very technical or just plain simple legal procedure compliance issue.

PROCEDURAL

If the objection is related to a procedure that the Patent Act, 1970 demands then the Applicant has no choice but to comply with taking necessary steps.

For example, when there are several novel subjects matters the unity of invention needs to be identified and because an application may have only one novel subject matter, another application may be filed for each new subject matter.

TECHNICAL

Technical objections can be countered by arguments. A few steps can be followed in case of technical arguments.

It has to be identified whether the arguments in the reply will be based on the original claim set or amendment is required. Further, Amending claims if required keeping in mind cited arts whether it predates the patent application filing date or not.

In case of objections relating to Novelty and obviousness, the technical differentiation with respect to prior art needs to be brought out.

Novelty is a subject of facts and arguments are based on eye to eye analysis and is subjective, so the only thing that can be done is explain own invention in a better manner.

Obviousness arguments are generally based on point of law which involves determining difference between the prior art and present claims. It has to be explained that the prior arts and the differences in combination do not reach to the invention, and the documents cited by the examiner cannot be combined by “a person skilled in art”. Doing a technical study and exploration to a point of scrutiny helps in drafting an appropriate legal response to the examination report.

  The post Replying to Patent First Examination Report appeared first on iPleaders.

Replying to Patent First Examination Report syndicated from http://ift.tt/2vKNZDn

[charteredaccountantjanakpuri]

Your one-sop solution for all accounting needs

If you are a Delhi-based businessman, you need professional help in managing your accounts, income tax returns, etc. In addition, you would also need an expert to guide you on various GST-related matters. Non-Resident Indians would also need experienced accountants to help them in NRI return filing in India.

With business booming in the country, many people; are considering starting their own businesses. For this you need someone who knows trademark registration in Delhi in detail.

Let’s understand the concepts of trademark, GST, etc. in some detail.

GST

If you conduct any business and are registered with the GST, you need to file your tax return. This return has to be filed on GSTR 9.

Filing your GST return is tricky because you need to record all transactions with suppliers and receivables. It is mandatory to file these returns quarterly or on a half-yearly basis. If you don’t follow this process, you are likely to pay a penalty or face some other punishment.

Traders and other businesses located in Janakpuri, Rajouri Garden, etc. can contact firms dealing in accounting services in west Delhi to manage their GST issues.

Please note that there are various forms of GSTR9. These are;

· GSTR 9A- This is applicable to businesses under the composition scheme.

· GSTR 9B- If you run e-commerce, you are liable to pay your tax return under GSTR 9B.

· GSTR 9C- This scheme is applicable to businesses who have turnover of more than 2 crores. These firms must be subject to reconciliation, and the required document has to be certified by a chartered accountant.

Some businesses are exempt from filing GST. To know whether you fall into this category, please contact an accounting professional.

Trademark Registration

If you want to register your trademark, you need to follow a few basic steps. These are;

·         Finding whether your desired trademark is available or not at the time of its registration.

·         You need to file the required documents and wait for any objections.

·         If there are any objections, you need an expert to draft your replies.

·         Getting your trademark certificate.

A good accountant also helps Non-Resident Indians file their tax returns.  All NRIs whose annual income in India exceeds Rs. 2.5 lakhs in a financial year have to file their returns.

You can manage all tax related issues by calling Manish Anil Gupta Chartered Accountants &Co. today. Their website is http://manishanilgupta.com/income-tax-services.php.

Also, Read more info about the Audit firm in delhi,GST consultant in delhi,Company registration in Delhi and NGO Registration in Delhi

Source: http://prsync.com/manishanil-gupta/your-one-sop-solution-for-all-accounting-needs-3276330/