1. What is a trademark?
A patent is a legal right granted to an inventor, allowing them to exclude others from making, using, selling, or importing their invention without consent for a limited period, in exchange for public disclosure of the invention.
2. How to select a good trademark?
In India, a patent is valid for a term of 20 years from the date of filing. For international (PCT) applications entering the national phase, the term is counted from the international filing date.
3. What is the function of a trademark?
No. Patent rights are territorial. An Indian patent is enforceable only within India. Separate applications must be filed in other countries where protection is sought.
4. Who can apply for a trademark?
Patentable inventions must be novel, involve an inventive step, and be capable of industrial application.
5. What are different types of trademarks that may be registered in India?
Yes, the Indian Patents Act excludes certain inventions such as:
- Abstract theories and scientific principles
- Mere discoveries of natural substances
- Business methods and computer programs per se
- Inventions contrary to public order, morality, or those harmful to life or the environment
- Traditional knowledge
- Methods of treatment, agriculture, or horticulture
- Mathematical methods, presentations of information, and others as defined in Section 3
6. What are the benefits of registering a trademark?
Yes, the Indian Patents Act excludes certain inventions such as:
- Abstract theories and scientific principles
- Mere discoveries of natural substances
- Business methods and computer programs per se
- Inventions contrary to public order, morality, or those harmful to life or the environment
- Traditional knowledge
- Methods of treatment, agriculture, or horticulture
- Mathematical methods, presentations of information, and others as defined in Section 3
7. What are the sources of trademark laws?
Yes, the Indian Patents Act excludes certain inventions such as:
- Abstract theories and scientific principles
- Mere discoveries of natural substances
- Business methods and computer programs per se
- Inventions contrary to public order, morality, or those harmful to life or the environment
- Traditional knowledge
- Methods of treatment, agriculture, or horticulture
- Mathematical methods, presentations of information, and others as defined in Section 3
8. What does the Register of trademark contain?
Yes, the Indian Patents Act excludes certain inventions such as:
- Abstract theories and scientific principles
- Mere discoveries of natural substances
- Business methods and computer programs per se
- Inventions contrary to public order, morality, or those harmful to life or the environment
- Traditional knowledge
- Methods of treatment, agriculture, or horticulture
- Mathematical methods, presentations of information, and others as defined in Section 3
9. Can any correction be made in the application or register?
Yes, the Indian Patents Act excludes certain inventions such as:
- Abstract theories and scientific principles
- Mere discoveries of natural substances
- Business methods and computer programs per se
- Inventions contrary to public order, morality, or those harmful to life or the environment
- Traditional knowledge
- Methods of treatment, agriculture, or horticulture
- Mathematical methods, presentations of information, and others as defined in Section 3
10. Can a registered trademark be removed from the register?
Yes, the Indian Patents Act excludes certain inventions such as:
- Abstract theories and scientific principles
- Mere discoveries of natural substances
- Business methods and computer programs per se
- Inventions contrary to public order, morality, or those harmful to life or the environment
- Traditional knowledge
- Methods of treatment, agriculture, or horticulture
- Mathematical methods, presentations of information, and others as defined in Section 3
