Intellectual Property

Patents

Entire gamut of patent support services are rendered by our expert attorneys, agents and highly skilled techno-legal domain experts with diverse technical background. We have substantial experience in preparing and prosecuting Indian and foreign patent applications (National, PCT National Phase and International applications), and counseling on the complete range of issues that can arise in connection with patent matters.

Requirements for a National Phase entry into India

Every PCT national phase application must be filed in India within 31 months from the date of priority or the date of filing. The applicant need to provide the English translation of the PCT application that is filed in the respective country along with the signed Power of Authority. Following are the list of documents to be submitted at the Indian Patent office at the time of national phase filing.

  • A copy of the PCT Publication with the specification and drawings
  • A copy of the specification required for filing in India
  • A copy of the International Search Report
  • A copy of the International Preliminary Report on Patentability
  • Any amended pages filed on the basis of which examination in India is to be carried out
  • A power of authority in our favour from the applicants
  • A copy of Form PCT/IB/304

Prerequisites for Standard Application:

  • A copy of the specification, claims and abstract
  • Drawings
  • A power of authority in our favour from the applicants
  • Certified copy of the priority application, if priority is claimed
  • NB: Items marked with an asterisk (*) may be post-filed

Mandatory Information Required at the time of filing

  • Name, current address and nationality of the applicants
  • Names, current addresses and nationalities of the inventors
  • Priority details: Country – Application number – Date of filing
  • Title of the invention
  • Details of any corresponding applications – Application number – Date of filing – Status – pending/published/granted

To know more, or seek information – please write to us at info@mandmadvocates.in

 

Trademarks

The Trademark Attorneys of M&M help clients develop trademark acquisition and enforcement strategies. The team conducts searches, files and prosecutes applications for Trademarks before the Indian Patent office, protects trademarks against infringement, registering licensing agreements and concession contracts, as well as extends the term of validity of trademark registration certificates.

Together with the firm’s lawyers, trademark attorneys advise clients on how best defend a brand from infringement and unfair competition in India.

Our Attorneys practice in these areas includes Trademark Registration, Prosecution, Opposition, Infringement and Litigation Proceedings, as well as Counseling clients concerning the selection, availability and use of trademarks, service marks, trade names and trade dress, as well as enforcing attendant rights Before filing the application to register a trademark, it is advisable to conduct a trademark search for the relevant classes in order to make sure that there is no identical or similar trademark already registered or for which an application for registration has been submitted.

Information Regarding Trademark Filing

Words, logos, designs, phrases and other commercial symbols used to identify products, services, or their producers in the marketplace could all be protected as Trademarks or Service marks. Following are the list of information to be provided to the Indian Patent and Trademark office during trademark filing in India.

Requirements for Trademark Registration In India;

  • Description of Trademark
  • Full Name, Address & Nationality of Applicant(s).
  • 5 copies of the trademark in Label form/ or a soft copy List of all items/goods to which the trademark/service mark is applied or proposed to be applied for.
  • Nature of business for the proposed trademark Date since used, if already in use.
  • List of countries with date, where the trademark/ service have already been applied for. POA in original (can be submitted later)

NICE Classification of goods and services for registration of Trademarks
(Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes).
Class 1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry
Class 2 . Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists
Class 3 . Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices
Class 4 . Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks
Class 5 . Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides
Class 6. Common metals and their alloys; metal building materials;
transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
Class 7 . Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs
Class 8 . Hand tools and implements (hand-operated); cutlery; side arms; razors
Class 9 . Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus
Class 10 . Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials
Class 11 . Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes
Class 12 . Vehicles; apparatus for locomotion by land, air or water
Class 13 . Firearms; ammunition and projectiles; explosives; fire works
Class 14 . Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments
Class 15. Musical instruments
Class 16 . Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks
Class 17 . Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
Class 18 . Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery
Class 19 . Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20 . Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics
Class 21 . Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
Class 22 . Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials
Class 23 . Yarns and threads, for textile use
Class 24 . Textiles and textile goods, not included in other classes; bed and table covers.
Class 25 . Clothing, footwear, headgear
Class 26 . Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
Class 27 . Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)
Class 28 . Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Class 29 . Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats
Class 30 . Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice
Class 31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt
Class 32 . Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Class 33 .Alcoholic beverages(except beers)
Class 34 . Tobacco, smokers’ articles, matches
SERVICES
Class 35 .Advertising, business management, business administration, office functions.
Class 36 .Insurance, financial affairs; monetary affairs; real estate affairs.
Class 37 . Building construction; repair; installation services.
Class 38. Telecommunications.
Class 39. Transport; packaging and storage of goods; travel arrangement.
Class 40. Treatment of materials.
Class 41. Education; providing of training; entertainment; sporting and cultural activities.
Class 42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Class 43. Services for providing food and drink; temporary accommodation.
Class 44. Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Class 45. Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

To know more, or seek information – please write to us at info@mandmadvocates.in

 

Copyrights

We also assist authors, artists, designers, cartoonists, advertisers, musicians, computer software developers movie producers, websites, novels, newspaper and magazine articles, fine art, audiovisual works and others who create works of authorship under domestic and international copyright laws to maintain control over the products of their creativity, as well as protect the profits resulting from those works. Our practice includes copyright registration and litigation We also counsel clients concerning the scope of copyright protection for their works and the rights of third parties in those works.
Applicant’s particulars

  • Name
  • Address
  • Citizenship

For corporate entities

  • Country of incorporation
  • Nature of entity (eg. private limited company, public listed company)
  • Citizenship

Clear specimen of the Work (5 Copies of the Work)

  • Electronic Form or
  • Physical Form

Copyright Particulars

  • Form IV
  • Statement of Particulars, in triplicate
  • Statement of further particulars, in triplicate
  • A No Objection Certificate
  • Copyright Notice
  • Under Certificate of Posting
  • Copy of the work in triplicate
  • Power of Attorney

Power of Attorney
Notarized Power of Attorney (must be filed at the time of filing the application).
To know more, or seek information – please write to us at info@mandmadvocates.in

Industrial Designs

To tackle the nefarious designs of the brand counterfeiters, the Indian Design Act, 2000 offers design registration that provides protection for visual appeal/appearance of a product. Design registration however does not include functional protection, as this can only be claimed by obtaining a patent.

We assist our clients in successfully guiding through the Design registration process. M&M team members have equipped themselves with the resources of a nationwide network to monitor markets and prosecute parties that infringe over our clients registered designs.

Design Registration Requirements

  • The full name, address and nationality of each applicant.
  • A power of attorney duly signed by each applicant or by an authorized person of each applicant.
  • Seven copies of the representation (drawings or photographs showing different views of the article).
  • Design applications must be filed in a particular class – depending upon the predominant material with which the article is made or is capable of being made. If an article is made or is capable of being made from materials falling in different classes and to obtain comprehensive protection, it is advisable to register the design to protect all the possible classes of materials. For example, if an article which is made of plastic, but is capable of being made of metals, then it is advisable to file two application one under class 3 and the other under class 1 for the same design.

Classification of goods for Industrial Design Registration:

Class 1 Foodstuffs
Class 2 Articles of clothing and haberdashery
Class 3 Travel goods, cases, parasols and personal belongings, not elsewhere specified
Class 4 Brushware
Class 5 Textile piecegoods, artificial and natural sheet material
Class 6 Furnishing
Class 7 Household goods, not elsewhere specified
Class 8 Tools and hardware
Class 9 Packages and containers for the transport or handling of goods
Class 10 Clocks and watches and other measuring instruments, checking and signalling instruments
Class 11 Articles of adornment
Class 12 Means of transport or hoisting
Class 13 Equipment for production, distribution or transformation of electricity
Class 14 Recording, communication or information retrieval equipment
Class 15 Machines, not elsewhere specified
Class 16 Photographic, cinematographic and optical apparatus
Class 17 Musical instruments
Class 18 Printing and office machinery
Class 19 Stationery and office equipment, artists’ and teaching materials
Class 20 Sales and advertising equipment, signs
Class 21 Games, toys, tents and sports goods
Class 22 Arms, pyrotechnic articles, articles for hunting, fishing and pest killing
Class 23 Fluid distribution equipment, sanitary, heating, ventilation and air-conditioning equipment, solid fuel
Class 24 Medical and laboratory equipment
Class 25 Building units and construction elements
Class 26 Lighting apparatus
Class 27 Tobacco and smokers’ supplies
Class 28 Pharmaceutical and cosmetic products, toilet articles and apparatus
Class 29 Devices and equipment against fire hazards, for accident prevention and for rescue
Class 30 Articles for the care and handling of animals
Class 31 Machines and appliances for preparing food or drink not elsewhere specified
Class 99 Miscellaneous

To know more, or seek information – please write to us at info@mandmadvocates.in

Licensing and Commercialization Assistance:

We assist individual inventors and the companies in identifying potential licensees for their technologies or brand post grant of their respective patent or trademark in India or abroad.

We also provide “Trademark Name” options for a brand, product or a process of manufacturing a product based on the availability of the trademark in particular jurisdiction.

We render proactive patent licensing assistance to the inventions that have received positive opinion from the International Searching Authority regarding the patentability, utility and non-obviousness of the invention.

To know more, or seek information – please write to us at info@mandmadvocates.in

Patent Translation Services

In today’s global intellectual property market, high-quality translations of patents and technical documents are critical to running a successful patent practice or effectively leveraging your patent assets. M&M Advocates and Consultants have an association with expert translators having over 8 years of experience in providing high quality Patent Translation Services.

Our quality is driven by:

  1. Use of carefully selected native language translators and technical subject matter experts to ensure the linguistic and technical accuracy needed for your translation projects.
  2. 100% reliance on native language translators without the use of machine translation.
  3. Ability to deliver certified translations for many languages including Japanese, German, Chinese, Korean, French, Spanish, Russian, and Vietnamese etc

PATENT / LEGAL TRANSLATION

  • Patent Publication/File History
  • Priority Certificates
  • Non Disclosure Agreements
  • License Documents
  • Notices of Appeal, Reasons for Refusal
  • Expert Opinion Documents
  • Correspondence Letters
  • Written Arguments
  • Sworn Affidavits
  • Notices of Complaint
  • Foreign Discovery related Documents
  • Court Documents

TECHNICAL TRANSLATION

  • Technical Instruction Manuals
  • Specification Sheets
  • Standards
  • Proposals, Contracts, Agreements
  • Material Safety Data Sheets (MSDS)
  • Technical Research/Analysis Reports
  • Production & Operation Manuals
  • Testing Instructions/Requirements
  • Non-patent literature from patent search results

To get free quote please send us the document in word format at info@mandmadvocates.in