VIDHANI TRADE MARKS CO.

        

 

CONTENTS

  • Company Profile
  • Head office
  • Branch Office
  • Our Motto
  • Proffessional Connections
  • PCT Applications
  • IPR Laws Applicable in India
  • Patent Act 1970
  • Trade Marks Act 1999
  • Designs Act 2000
  • Copyright Act 1957
  • E-mail Us





  • Company Profile

    Vidhani Trade Marks Co. was formed in the year 1972. The company provides services in respect of intellectual property law matters like Patents, Trade Marks, Copyright and Industrial Designs; Whether it be for adoption, registration or litigation upto the Supreme Court of India. The company is getting the guidance of the able counsel of more than 31 years experience in the field.

    Head office of the company is located at New Delhi in INDIA. We also have a Branch office in Jodhpur (Rajasthan).


    Back to Top





    Head Office

    We have Head Office at New Delhi, The Capital of India . It is located at 3 miles from Patent office.

    For further information Send On Line Enquiries or write to

    Vidhani Trade Marks Co.


                    Mr. Mohan Vidhani,
                    11/12 Upper Ground Floor,
                    West Patel Nagar, New Delhi-110008,
                    INDIA.

                    Phone nos.: +91-11-45051551
                                        +91-11-45051552

                    Telefax  :   +91-11-25884140
                                       +91-11-25884588

                    Mobile: +91-9811083706
                                  +91-9811545888

                    E-mails:
    patent@bol.net.in
                                   patented@vsnl.com

    Back to Top




     

    Branch Office

    We have Branch Office at:

    Mr. Murli Vidhani
    C/O Ajay Typewriting Centre,
    Gulab Sagar Road,
    JODHPUR (Rajasthan)
    INDIA
    Tel(Office) : +91-291-2524209
    Tel(Res.)   : +91-291-2611891, 2649535

    Back to Top




     

    Our Motto

    Our motto includes providing the most efficient services concerning the Intellectual Property Rights Laws and for that we keep in touch with the latest laws, amendments and judgements. Also to provide the services at most competitive rates.

    Back to Top




     

    Professional Connections

    We have professional connections with various experts in the IPR Laws in all the cities where there are Branch Offices of the Government concerning the IPR Laws, like: Mumbai, Chennai, Calcutta and Ahemadabad.

    Back to Top




     

    PCT Applications

    India has joined the PATENT CO-OPERATION TREATY and the country has amended the Patent Law to adhere to the WTO Commitments. The law has been amended in the year 1999 and again in 2003.

    REQUIREMENTS OF PCT APPLICATION:

    FEE PAYABLE FOR PCT APPLICATION:

    Note: There is 75% reduction in certain fees to certain applicants

    Back to Top




     

    IPR Laws Applicable in India

    Back to Top




     

    Patent Act, 1970

     

    WHAT IS PATENTABLE:

    ·         Any Invention which is not obvious and is novel and not previously published in any country.

    ·         Any new and useful:
          art, process, or method of manufacture;
          Machine apparatus or other article;
          Substance produced by manufacture.

     

    WHAT IS NOT PATENTABLE:

    ·         Inventions contrary to law, morality and public health;

    ·         Which is Frivolous or claims which is obviously contrary to well established  natural laws;

    ·         Mere new use or mere discovery of new property or new use of known substance or property;

    ·         Mere admixture resulting only in aggregation of properties;

    ·         Mere arrangement and rearrangement of known integers functioning independently;

    ·         Method for agriculture/horticulture;

    ·         Process for treatment on human beings, plants or animals.

    ·         A presentation of information;

    ·         A mathematical or business method or a computer program per se or algorithms.

     

    FILING REQUIREMENTS FOR PATENT APPLICATION:

    ·         Specification (Provisional or complete), Claims and Drawings; Name, address and nationality of the applicant;

    ·         Name, address and nationality of the inventor(s);

    ·         Details of the basic application in case any priority is claimed;

    ·         Authority/Power of Attorney.

     

    VARIOUS STAGES UPTO GRANT:

    ·         Examination - Patent applications are now not examined automatically. One has to file a request for examination within the period of 48 months from the date of the application.;

    ·         Grant of Patent in case there is no opposition.

     

    OPPOSITION TO GRANT:

    ·         Opposition may be filed by any interested person within 4 months of notification of acceptance in the Gazette.

     

    TERM OF PATENT:

    ·         Patent is granted for the period of 20 years from the date of application.

     

    REVOCATION OF A PATENT:

    ·         The grant of patent by the patent office does not guarantee its validity. The  validity of a patent granted under the Act, may be challenged only in a High Court in revocation proceedings Under Section 64. The revocation petition cannot be filed before the Controller of Patents.

     

    RECTIFICATION OF REGISTER OF PATENTS:

    An application for the rectification of patent can be filed by any person aggrieved,  before the Appellate Board on any one or more of the following grounds:

    ·         On account of absence or omission from the register of any entry; or

    ·         On account of any entry made in the register without sufficient cause; or

    ·         On account of any entry wrongly remaining on the register; or

    ·         On account of any error or defect in any entry in the register.

     

    INFRINGEMENT ACTION:

    Unauthorized making, using, selling or distributing of a patented product/process amounts to an infringement. Action against infringement may be instituted in a District Court or High Court having jurisdiction. Criminal action does not lie unlike in Trade marks and Copyright. In case of any infringement of pending patent, no action can be taken unless the complete specification has been advertised as accepted.

    Back to Top




     

    Trade Marks Act, 1999

    SALIENT FEATURES:

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    PERIOD OF REGISTRATION:

     

    REQUIREMENTS FOR FILING REGISTRATION APPLICATION:

     

    PROCEDURE OF REGISTRATION:

    ·        Causing the search of the Index of the registered and pending applications.

     

    ·        Filing of application for registration of the trade mark/service mark

     

    ·        Receipt of the application number

     

    ·        Receipt of the examination report (automatically on first come first serve basis)

     

    ·        Removal of the objections in the examination report (if any) and acceptance of the application for publication in the Trade Marks Journal.

     

    ·        Publication in the Trade Marks Journal for inviting public objections if any.

     

    ·        After the publication, if the opposition, then after disposal of the opposition in favor of the applicant, receipt of the registration certificate.

     

    OPPOSITION TO REGISTRATION:

    ·        Filing of Notice of opposition to be filed within the period of three months from the date of publication of the journal/date when the journal was made available to the public whichever is later. The notice of opposition is to be verified.

     

    ·        Filing of counter statement by the applicant within two months of the receipt of notice of opposition.

     

    ·        Filing of evidence by opponent in support of the opposition within two months of receipt of counter statement.

     

    ·        Filing of evidence by applicant within two months.

     

    ·        Filing of evidence in reply by opponent within one month.

     

    ·        Hearing and final decision.

     

      APPEALS:

     

    ·        Any order of the Registrar is appellable before the Intellectual Property Appellate Board (IPAB) within the period of three months.

     

    ·        The Board cannot pass any ex parte ad interim injunction order unless it has heard the party appealed against.

     

    ·        The Board will have Head Office in Chennai but branch offices in Mumbai, Delhi, Kolkatta and Ahamedabad where the offices of the Registrar of Trade Marks is situated. The cases by the Board will be taken up according to the jurisdiction of the parties. Thus one does not have to go to Chennai in each case.

     

    ASSIGNMENT/PERMITTED USE/LICENSING:

     

    ENFORCEMENT:

     

    Back to Top

     


     

    Designs Act, 2000

    WHAT CAN BE REGISTERED:

    WHAT CANNOT BE REGISTERED:

    NOVELTY AND ORIGINALITY:

    VALIDITY PERIOD:

    FILING REQUIREMENTS FOR APPLICATION:

    TIME TAKEN FOR REGISTRATION:

    ENFORCEMENT:

     

    Back to Top




     

    Copyright Act, 1957

    BASIC:

    REGISTRATION:

    TERM OF COPYRIGHT:

    ENFORCEMENT OF COPYRIGHT:

    INTERNATIONAL AGREEMENTS:

    Back to Top




    Copyright 1999 Vidhani Trade Marks Co.
    Site designed and maintained by Rahul Vidhani
    Last modified on 1st June, 2001

    You are visitor no: