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Frequently Asked Questions

What to do if my patent is already filed?

If the mark is already filed by another company or has a registered patent, then the other party have the priority of the mark provided the patent is for the common business product.

What is the NICE Classification?

NICE classification is an international classification of goods and services for the purpose of patent registration. There are 34 classes of goods and 11 classes of services.

How to choose the correct class for my patent

For filing the patent in India, you should know the appropriate class of patent in which the goods and services covered. There is a total of 45 classes of the patent to choose for your patent. First 34 classes (1-34) cover goods and rest 11 classes (35-45) cover services.

What is the need to perform a patent Search?

The intelligent TM Search will help you to determine the mark you want to register for product or services is legally available or already used by another business to ensure not to infringe someone else's property rights. find the identical mark in the same class would restrain your mark to get registered.

Do I need to know a patent class to perform a patent Search?

To perform a free patent search before filing the patent application you need to know the patent classes as per the NICE classifications; international classification of goods and services. The patent search contains the filters to find out a similar patent in a similar class in order to eliminate the conflicts.

Is it mandatory to hire an attorney for patent Search?

Although it is not mandatory to hire an attorney for conducting a free patent search before filing it's advisable to seek professional help to handle the patent search. You will get the list of the marks similar to the proposed mark along with the attorney's legal opinion regarding the patent registration possibilities..

How to select a patent?

Selecting a good patent is a crucial step to protect your intellectual property. In India different kind of patents are there, like word, sign, color, symbol, shape etc. but it has to be unique. Most people make mistakes while choosing the patent or brand name. To minimize such mistakes, you need to follow the guidelines which are:

  • Mark should be capable of being distinguishing the goods and services
  • If your patent is a word, it should be easy to remember and pronounce
  • It should not be descriptive
  • Generic words cannot be used as a patent
How are the patent symbols used in India?

In India patent is designated by the two symbols, i.e. 'R' and 'TM'. patent symbol 'TM' is a provisional symbol, used for unregistered patents and symbol 'R' signifies the registered patent which can be used by the registered proprietor of the mark.

FAQs

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