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All FAQs

What is a patent and how does it help a company?

Which is the patent granting authority in India?

Who can file for a patent in India?

Where can I file a patent in India?

Who is an Indian Patent Agent?

What is the difference between a patent agent and a patent attorney?

What is the process of acquiring a patent in India?

Who can help me file a patent application in India?

What value does a patent search add to me?

Where can I perform a patent search?

Can I search for patents in India?

What is patentability opinion or patentability analysis?

Can I perform a patent search by myself?

Are there free databases for patent search?

What is an invalidity search?

What is a Freedom to Operate (FTO) Search?

If freedom to operate exists for a product, does it mean that the product is patentable as well?

If a product/process is patentable, does it mean that freedom to operate exists for that product?

What is patent infringement?

What is infringement analysis and when must it be done?

What is prosecution history?

Why is prosecution history required?

What is an invention disclosure form?

Do I need to file a patent through a patent agent in India?

When can I file the pre-grant opposition?

When can I file for post-grant opposition?

How is Patent drafting India done?

Why do you need an expert for patent drafting?

Who is the best person to draft a patent?

What documents are required for patent filing?

What are the defenses to patent infringement?

What do you mean by patent opposition?

Who can file for patent opposition?

What rights does a patent holder get?

What is patent watch?

Why would anyone be interested in a patent watch?

What is patent renewal and how must it be filed in India?

What is the role of patent agent in the patent process?

What is patent watch?

What is patent examination?

When is a patent application published and what is the role of publication?

Can I file a PCT application in India?

Can I file a PCT application from India?

What are the benefits of filing a PCT application?

In how many countries can I get protection by filing a PCT application?

When should we consider filing a PCT application?

Is a patent valid globally? Is there something called a global patent?

What is the best recommended strategy for patent filing?

Are patent services delivered from your Bangalore offices at ipMetrix?

Is patent drafting done in Bangalore too?

How do your patent services delivered from India compare with those of foreign firms?

Who can file a trademark in India?

What is the procedure for filing a trademark application?

What are the qualities of a good trademark?

What is trademark watch?

What is trademark infringement?

What are the remedies in case of trademark infringement?

Can a trademark be opposed?

How does an applicant ensure that his mark does not constitute trademark infringement?

What is trademark renewal?

Can trademark status be checked online?

What is the approximate time taken to get a trademark registered in India?

Once a mark is registered in India, can the applicant assert protection outside India?

What is the difference between trademark infringement and passing off?

Can the ownership of a trademark be transferred?

What if the goods or services of applicant fall under more than one class?

What is a trademark examination report?

What is the consequence of not responding to the examination report?

When does publication of a trademark happen?

Can a trademark be amended after filing?

What do symbols (R) and TM signify?

What is trademark portfolio management?

What is Madrid Protocol? Is India a party to the Madrid Protocol?

What is trademark search? Is there any database available for doing a search?

What is the procedure for filing trademark opposition?

What is the filing process and the timelines in USA, UK and EU?

What is the filing process and the timelines in USA, UK and EU?
Trademark process in USA

Trademarks can be filed online in the USA by uploaded the necessary forms and paying the fee. The process from filing to registration takes approximately between 6 months to one year. After an application is filed, it is queued for examination, following which the examiner will issue a preliminary rejection, if any problems are identified in the application. The applicant will then have 6 months to file a reply with arguments in favor of her trademark application. Registration will be granted if the examiner accepts the arguments of applicant, else a final rejection is issued. When an application is allowed, it moves on to publication in the Trademark Official Gazette. Once published, there is a 30-day opportunity for other companies to appeal the registration. If no appeal is filed, the registration is finally issued.
Trademark process in UK

A UK trade mark registration covers England, Scotland, Wales and Northern Ireland and the Isle of Man. An application may be filed either on paper or electronically. An official filing receipt is received within one week. Within four weeks of filing the application, an official examination report is issued. .This may include the UK Intellectual Property Office's objections if the application is deemed unsuitable for registration. The examination report incorporates an advisory search report relating to prior pending trade mark applications or registrations which the office feels, are in conflict with the application. The applicant has the option to ignore this search and push on with the application or he can counter the objections and argue that they are unjustified. If the applicant does not respond to the search results or is unsuccessful in overcoming the objections, he still has the option to push on with the application till it is advertised in the journal. However, the owners of any UK or Madrid Protocol rights will automatically be informed of the advertisement of the application. The application will be open to opposition for a period of two months. The opposition period may be extended by one month. Assuming no objections are raised to the application, the application gets advertised within two months of the application being filed. If a formal opposition is filed, opposition procedures can last for two years or more. If no opposition is filed within the prescribed time limit, the application is granted registration.
Trademark process in EU

A trademark application in the EU is filed at the Community Trademark Office (CTM). A CTM Registration covers all 27 member states of the European Union. The CTM system runs parallel to the trade mark legislation of each national EU member state. The Office for Harmonisation in the Internal Market (OHIM) issues a formalities examination report within one month from the date of filing. This will cover any specific questions that the office has with regard to the class choices of applicant, description etc. Community and National Search Report is issued within 4 months of filing. The report lists any conflicting or confusingly similar marks. The applicant has the option to either withdraw or amend the application at this stage, although the search report is only advisory in nature. The application will be advertised in the CTM journal within 6 months of filing. The application becomes open for opposition at this point. If there are no opposition filed, registration is granted within 6 months of advertisement date.