Expansion of Trade Mark Classification by including four additional classes of services.

Intellectual property office, India recently added new 4 classes in the Fourth Schedule of the Trade Mark Rules, 2002 related to the Classification of Goods and Services, by enacting The Trade Marks (Amendment) Rules, 2010 (w.e.f. 20th May, 2010).

In the Fourth Schedule to the said rules, for serial number 42 and the entries relating thereto, the following serial numbers and entries shall be substituted, namely:-

42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
43. Services for providing food and drink; temporary accommodation.
44. Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
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.

Source: Intellectual property office, India

Trade Marks

Trade Marks (Amendment) Rules, 2010

1. (1) These rules may be called the Trade Marks (Amendment) Rules, 2010.
(2) They shall come into force on the date of their publication in the Official Gazette.(i.e. 20th May, 2010)

2. In the Trade Marks Rules, 2002 (hereinafter referred to as the said rules), in rule 62 in sub-rule (3), the following proviso shall be inserted, namely: --

"Provided that if the Registrar is satisfied with the claim of the registered proprietor supported by evidence that the certificate of registration issued under sub-rule (1) has not been received by the registered proprietor, he may issue duplicate or copy of the certificate of registration without any further payment of fee :

Provided further that, no such duplicate or copy of certification of registration shall be issued where such request is received after the expiry of the time limit for renewal of registration and restoration of the registered trade mark".

3. In the Fourth Schedule to the said rules, for serial number 42 and the entries relating thereto, the following serial numbers and entries shall be substituted, namely:-

42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
43. Services for providing food and drink; temporary accommodation.
44. Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
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.

Source: Intellectual Property Office, India

PATENTS

What is a Patent?

A patent is an exclusive right granted by the State for any Invention that is New, involves an Inventive Step and is capable of Industrial Application.
Patent gives its owner the exclusive right to prevent or stop others from making, using, offering for sale, selling or importing a product or a process, based on the patented invention, without the owner’s prior permission.
A patent is a Territorial Right, limited to the geographical boundary of the relevant country.
Exclusive Right till 20 years.

How do you determine if your Invention is patentable?

Fall within patentable subject matter:
•Be an Invention;
•Be novel;
•Involve an inventive step;
•Be capable of industrial application

INVENTIONS

An Invention is a Product/Process that provides a new way of doing something, or offers a new technical solution to a problem. To be patentable, an invention should be:
New or Novel– include some new characteristic which is not known to public before the date of filing.
Inventive Step- which could not be obviously deduced by a person with average knowledge of the technical field.
Utility – Invention useful to industry or public at large