As we know Section 29 deals with infringement of trademarks and defines the grounds which constitute infringement of trademark. The section says that if a person uses a trademark that is not entitled to use such trademark under the lay, constitutes infringement. It is clearly stated in the section that a trademark is said to be infringed,
(a) The mark is identical and is used in regard to goods and services similar to the goods and services of the prior; or
(b) The mark seems to be similar to the trademark which is already registered and if there is any identification or similarity of goods and services under that trademark; or
(c) The trademark is identical and is used in regard to identical goods or services.
However, there is something called trademark litigation which helps in the settlement of such disputes. Trademark litigation constitutes a procedural method to find out whether a person who has infringed any trademark is guilty or not. These procedures are taken care of by litigators who deliver proper and right advice to their clients. These litigators take care of many other legal proceedings in regard to Intellectual Property Rights such as patent searches; patent attorney; patent filing and many more. These services are explained elaborately in the following:
Patent Search is a search to find out if a patent is unique in nature or not and so that it doesn’t collide with the invention of any other inventor. Section 2(j) defines invention as to mean a new product or process involving an inventive step and capable of industrial application. Section 3 of the Patents Act, 1970 defines what not inventions are. Such as (a) any frivolous invention or invention which claims anything obviously contrary to well established natural laws; (b) any invention, in the event of using such invention for primary or intended use or commercial use of which could be contrary to the interest of the general public interest or morality. There are many limitations in relation to patent. Nevertheless, patent attorney helps in the process of grant of patents.
Patent attorneys do have expertise and requisite qualifications to represent their client. They are also termed as patent lawyer or patent agent. They represent their client in all matters and procedures of patent filing, obtaining patent, etc. In India, a person is known as “Patent agent” or “Registered Patent Agent” if the person is registered to practice before Indian Patent Office. Indian Patent Agents are counterparts of that in Australia, EPO or Japan as they follow the same procedures in their countries. Law is not the same in all countries so they International Patent Registration which has been with concern to international standards and so that no one infringes property of others.
A patent needs to be submitted through an application. The application describes the invention, together with official forms and correspondence relating to the application. It involves submitting applications, searches and most often re-application. These three processes are very much required to file provisional patent applications. The application is to reach the patent office within the jurisdiction of the geographical area where the patent has been submitted for being granted. Thus, this long procedure is made short with the help of patent agents or patent lawyers.
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