Legal & IPR Services

Service Details:

CDG provides a Trademark registration services in India.CDG is an ISO 17020 Accredited Inspection Agency in india.
What Is A Trademark Registration?
In India, law and provisions related to Trademarks are governed under The Trademarks Act, 1999, and the Trademarks Rules, 2002, as may be amended from time to time. Trademark basically means a mark that is capable of being graphically represented and could potentially distinguish goods and/or services of one person from those of others and it may include the shape of goods, packaging, color combination, etc.
“Trademark” may include a device, name, signature, word, numeric value, the shape of goods, packaging or colors, and combination of colors or any combination thereof. Further Section 7 of the Trademark Act, 1999, provides for the classification of goods and services in accordance with the International Classification for the purpose of registration of Trademarks. In order to comply with the said provision, the Trademark registry refers to NICE Classification which can be accessed here. It specifies goods under class 1-34 and services under class 35 to 45. In order to get trademark protection, it is essential to register the trademark. It is not per se mandatory to register a trademark but strongly recommended because it prevents others from copying your mark and misrepresenting other products with your mark.
Trademarks help customers to differentiate a brand from another, and recognize the brand and the brand value in a single glance like the logo of a tick sign for Nike or a jumping wildcat for Puma, and so on. Trademark registration is perpetual in nature. Unlike patents, trademarks do not have an explicitly defined limitation period. Where a patent expires in 20 years, a trademark registration expires after 10 years of its registration but can be renewed again for another 10 years.

WHAT ARE BENEFITS OF TRADEMARK REGISTRATION
The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.

WHO BENEFITS FROM TRADEMARK REGISTRATION
The Registered Proprietor : The Registered Proprietor of a trade mark can stop other traders from unlawfully using his trade mark, sue for damages and secure destruction of infringing goods and or labels. The Purchaser and ultimately Consumers of trademarks goods and services. The Government: The Trademarks Registry is expected to earn a substantial annual revenue, which is perpetually on the rise.

Service Details:

CDG provides a trademark service in India.CDG is an ISO 17020 accredited inspection agency in India.
WHAT IS A TRADEMARK
A ‘Mark` may consist of a word or invented word, Signature, Device, Letter, Numeral, brand, heading, label, name written in a particular style, The shape of goods other than those for which a mark is proposed to be used or any combination thereof or a combination of colors and so forth. Subject to certain conditions, A trademark may also be symbolized by the name of a person, living or dead.
For the purpose of registration, A mark chosen should be capable of distinguishing goods or services of one person from those of the others. Further it should not be deceptively similar to an existing mark of another person and not the one expressly prohibited under the Act.
The marks devoid of any distinctive character, or which are only indicative of the kind, Quality, Quantity, Purpose, Value or geographical origin of the goods, or which are marks already in vogue in the trade due to their customary use may not be registered. But these disqualifications do not apply to marks, Which have already acquired distinction due to their popularity and consistent use. Internationally acclaimed brand names are freely available for use in India.

WHAT IS THE FUNCTION OF A TRADEMARKUnder modern business condition a trade mark performs four functions :

• It identifies the goods / or services and its origin.
• It guarantees its unchanged quality
• It advertises the goods/services
• It creates an image for the goods/ services.

WHAT ARE THE TYPES OF TRADEMARKS THAT CAN BE REGISTERED
Under the Indian trademark law the following are the types of trademarks that can be registered :
Product trademarks: are those that are affixed to identify goods.Service trademarks: are used to identify the services of an entity, such as the trademark for a broadcasting service, retails outlet, etc. They are used in advertising for services.Certification trademarks: are those that are capable of distinguishing the goods or services in connection with which it is used in the course of trade and which are certified by the proprietor with regard to their origin, material, the method of manufacture, the quality or other specific featuresCollective trademarks: are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities to indicate their membership of the group.Sound Marks: are those where sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services.

WHO CAN APPLY FOR A TRADEMARK
Any person (Individual/ Startup/Small Eneterprise, etc.) who claims to be the proprietor of the trademark can apply for the registration of its mark for goods as well as services. A person may apply for registration of a trade mark to the Trademark office under whose jurisdiction the principal place of the business of the applicant in India falls.
In case, the principal place of business is outside India, then the application can be filed in the Trademark office under whose jurisdiction the office of the lawyer appointed by you is located. In case of a company about to be formed, anyone may apply in his name for subsequent assignment of the registration in the company''s favor. Before making an application for registration it is prudent to conduct a trademark search in context of the already registered trademarks to ensure that registration may not be denied in view of resemblance of the proposed mark to an existing one or prohibited one.

Service Details:

CDG provides Copyright Registration Services in India. CDG is an ISO 17020 accredited inspection agency in India.

Copyright Registration Services

• The CRS may be used by anybody who is creating original works of value that they want to protect from being reproduced, sold, or used in any other unauthorized way.
• You can use our online verification system to validate that a work stating a CRS Registration Number is legitimate. The registration pertains to the work and the individual/organization in question.
• You can also make copyright registration online retrieval requests if your registered work is the subject of a copyright dispute or if you've misplaced your own copy and need a backup.
• If you need to pay the IP Rights Office, you can do so using a credit or debit card online.

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation, and translation of the work. There could be slight variations in the composition of the rights depending on the work. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. The economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.

Scope and Extent of Copyright Registration
Both published and unpublished works can be registered. Copyright in works published before 21st January 1958, i.e., before the Copyright Act, 1957 came in force, can also be registered, provided the works still enjoy copyright. Three copies of published work may be sent along with the application.
If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office. When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form V with the prescribed fee.
All kinds of literary and artistic works can be copyrighted, you can also file a copyright application for your website or other computer programs. Computer Software or program can be registered as a ‘literary work’. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programs, tables, and compilations, including computer databases. ‘Source Code’ has also to be supplied along with the application for registration of copyright for software products. Copyright protection prevents the undue proliferation of private products or works and ensures the individual owner retains significant rights over his creation.