IPR Advisory
Welcome to GenZCFO’s Intellectual Property Rights Advisory Services, where we help entrepreneurs to protect and maximize your intangible assets. Our tailored IP services cater specifically to startups and young enterprises with Trademark Registration, Copyright, Patent, Geographical Indication and Designs. Protecting your intellectual property is not just about securing rights; it’s about ensuring your business's longevity and success.
With the right IPR Advisory, your innovations are safeguarded, allowing you to focus on what you do best—innovating and growing your business. Our IP Professionals can guide you through the complex process of IP laws and protections, not just in India but the world. Most of the time it has been seen that people think once they get the trademark application number, their job is done while it is important to engage an IP Professional we can take you till Trademark Registration Certificate including if required with the Trademark Objection and Trademark Opposition cases on merit. If you have still not registered the company, you can also contact us for incorporation services.
Importance of Intellectual Property Rights
Intellectual property is a critical asset for businesses in the digital age. Protecting your IP not only secures your creations but also enhances your market presence and investment attractiveness. Here’s why IP protection is crucial:
Competitive Advantage: Secure exclusive rights to use, modify, and commercialize your innovations.
Revenue Opportunities: License your IP to generate income or explore other commercialization strategies.
Legal Protection: Defend against IP infringements that could potentially disrupt your business operations.
IPR Services
Trademark Registration: GenZCFO can protect your brand identity by registering logos, names, and slogans, ensuring your brand's unique markers are protected against misuse and imitation. We do not just help you with the trademark search report and filings, but also with the Trademark Objection under section 9 and 11 including Ready for Show Cause Hearing, Trademark Opposition, Trademark Infringement, Trademark Renewal, Trademark Assignment and related trademark services.
Copyright Protection: At GenZCFO, we take a comprehensive approach to copyright protection. We assist you in securing copyright registration, which confers legal evidence of ownership and the exclusive rights to reproduce, distribute, perform, and display the work publicly. Our services also include guidance on copyright term, which typically lasts for the life of the author plus 70 years, and advice on how to leverage your copyrights commercially through licensing and enforcement strategies.
Patent Filing: Our patent services are designed to protect your technical and innovative advancements rigorously. From conducting detailed patent searches to identify existing inventions to drafting and filing patent applications that meet stringent legal requirements, our approach ensures maximal protection. We handle both utility patents, which protect the function of a product, and design patents, which protect the aesthetic aspect. Our IP team also provides strategic advice on managing your patent portfolio, understanding complex patent laws, and enforcing patents to deter infringement and encourage innovation.
Geographical Indication (GI): Register a GI to indicate that your product possesses a certain quality, reputation, or other characteristics attributable to its geographic origin, which can be critical for products with qualities uniquely tied to their locale.
Design Registration: Protect the visual design of objects that are not purely utilitarian, including the shape, patterns, or colours of products, which can often be integral to a product’s marketability and brand identity.
Stages of Trademark Registration
- Trademark Search: Before applying, we conduct a thorough search to ensure that your trademark does not conflict with existing trademarks.
- Filing the Application: Submit the trademark application in TM-A under the relevant 45 classes of the goods/services it represents including the Logo if any as device mark.
- Examination by the Registry: The trademark office examines the application to ensure compliance with legal requirements, including distinctiveness and non-infringement of existing marks under section 9 and 11.
- Reply to Examination Report: MIS-R is required to be filed through comprehensive efiling mode or by mailing to parm.tmr@nic.in with supporting documents if any.
- Ready for Show Cause Hearing: An opportunity of being heard is given to trademark owners to clear the objection in case where reply does not suffice.
- Publication: If the application passes examination, the trademark is published in an official journal or registry, allowing the public to view and oppose the registration if they believe it infringes on their rights.
- Opposition Period: A period during which third parties can oppose the registration of the trademark within 4 months of the journal date.
- Registration: If there are no oppositions, or if the oppositions are resolved in favour of the applicant, the trademark is registered, and a certificate of registration is issued.
Common Reasons for Failure to Register a Trademark
Many businesses encounter challenges when attempting to register their trademarks. Here are some common reasons why trademark registrations can fail:
Lack of Distinctiveness: One of the most frequent reasons for trademark rejection is that the mark is not distinctive enough to qualify for protection. Generic terms, common phrases, or overly descriptive marks related to the goods or services offered are typically not eligible for trademark protection.
Existing Similar Trademarks: If a mark is too similar to another registered trademark, particularly one in the same or a related class, it risks refusal to prevent consumer confusion.
Improper Application Process: Errors in the trademark application process, such as incorrect owner information, wrong classification of goods or services, or inadequate specimen of the mark in use, can lead to refusal.
Geographical Limitations: Marks that incorporate geographic names can be rejected if they could mislead consumers about the origin of goods or services.
Why to choose GenZCFO
IP Strategy Development: We help you develop an IP strategy including Legal Agreementsthat aligns with your business goals, including identification of IP assets, effective management, and commercial plans.
Patent and Trademark Filing: Assistance with the preparation and filing of patent and trademark applications to protect your inventions and brand identity in multiple jurisdictions.
IPR Management: Ongoing management of your IP portfolio, ensuring all your assets are maintained, renewed, and leveraged effectively for business growth.
IP Due Diligence: Conduct thorough IP audits and due diligence for mergers, acquisitions, or investment rounds to evaluate the strength and scope of IP assets involved.
IP Litigation Support: Offer strategic advice and coordination with legal experts to handle IP disputes and enforce your rights through legal channels.
Some FAQs That GenZCFO Often Get Asked
Intellectual property refers to creations of the mind, like inventions, literary and artistic works, designs, symbols, names, and images used in commerce.
The main types include trademarks, patents, copyrights, and trade secrets.
Protection duration varies. While trademarks can be renewed indefinitely for 10 years each time, Patents typically last 20 years.
While not mandatory, we recommend it all the time. Reach out to GenZCFO if you need any help with your trademarks, copyrights, patents, designs, GI and trade secrets.
IP protection helps safeguard your innovations, prevents competitors from copying or stealing your ideas, and can significantly enhance your business's market value.
Ideas alone cannot be protected; however, the specific way an idea is expressed or applied can often be protected.
Patents protect new inventions, while trademarks protect brand identifiers like names, logos, and slogans.
Applying for a patent involves filing a detailed application that includes claims defining your invention which must be new, non-obvious, and useful.
To register a trademark, you must file an application demonstrating use of the trademark in commerce or proposed to be used basis, and it must be distinctive enough to qualify for protection.
IP can generate revenue through licensing agreements, sales, franchising, or as a key asset in negotiations with investors.
If infringement occurs, consider sending a cease-and-desist notice, negotiating a settlement, or pursuing legal action to enforce your rights. GenZCFO can help you with the Trademark Licensing Agreement (TMLA).
Copyright automatically protects original works of authorship including literature, music, and art, from the moment of creation.
Trade secrets are practices, designs, formulas, processes, or information that provide a business edge. Protection involves maintaining secrecy through non-disclosure agreements and other security measures.
Contact GenZCFO for expert guidance and proactive management of your intellectual property needs who can help you secure your business’s future today with our in-depth consultation call and IP Services including Trademark Registration.