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Trademark Registration

Geographical Indication

A geographical indication (GI) may be a name or sign used on products which corresponds to a selected geographical location or origin (e.g. a town, region, or country). The use of a geographical indication, as a kind of indication of source, may act as a certification that the merchandise possesses certain qualities, is formed consistent with traditional methods, or enjoys a particular reputation, thanks to its geographical origin.

Object of the Geographical Indication Services of Goods (Registration And Protection ) Act, 1999 is to provide for the registration and better protection of geographical indications services relating to goods in India. It is an indication of goods originating from a definite geographical territory. It is wont to identify agricultural, natural or manufactured goods; the manufactured goods should be produced or processed or prepared therein territory and have a special quality or reputation.The primary purpose of this Act is to supply legal protection to Indian Geographical Indications which successively boost exports. Registration of Geographical indication services promotes economic prosperity of producers of goods produced in a geographical territory. Examples of geographical indications services are Basmati Rice, Darjeeling Tea, Kanchipuram Silk Sari, etc.


Who Can Apply ?

Any association of persons or producers, or any organization or authority established by or under the law, can apply to register a geographical indication services. The applicant must represent the interests of the producers. Producers are parties that employment with the subsequent categories of goods:Agricultural Goods, Including Production, Processing, Trading or Dealing; Natural Goods, Including Exploiting, Trading or Dealing; and Handicrafts or Industrial Goods, Including Making, Manufacturing, Trading or dealing.Prescribed Form

TRANSFER/ASSIGNMENT

A geographical indication services is a public property belonging to the producers of the concerned goods. It shall not be the topic matter of assignment, transmission, licensing, pledge,mortgage or such other agreement. However, when a licensed user dies, his right devolves on his successor in title.

What Is Included In Our Package?

  • Prior Art Search

  • Application Drafting

  • Application Filling

  • Government Fees

Procedure for Patent Registration

  • Fill Patent application form

    All you would like to try to to is complete our simple form and supply your basic information which can be required.

  • Conduct Patent Search

    After receiving all the documents from your side, we'll conduct a patentability look for you.

  • Prepare Application

    On basis of your basic information and documents, we will draft your Patent application

  • Patent Submission

    After the final review, we will file the Patent application with Indian Patent office.

  • Your work is completed

    After submitting all the documents and application , we'll mail you the acknowledgement regarding same.

    CONGRATULATIONS

Rights and Validity Expiration

The patents filed will be thoroughly evaluated and examined for its resourcefulness, applicability and originality before granting rights to the applicant. The patent once granted, makes available the rights claimed by the applicant for a fixed period of time. The holder has the permission and exclusive rights to control or explore the patented product or invention within the National Territory or within the valid patent limits.

The patent holder can prevent unauthorized or illegal production or patented product or the method of production of the method. The extent of protection of the patented product depends on the claims submitted by the applicant. The holder is also insured against any potential damages that might occur during the exploration or commercialization of the product between the date of publication of the patent and the date of definitive granting.

The Validity of an Invention patent is 20 years counted from the date of filing of patent application and the Utility Model Patent is applicable for 15years from the date of filing.

Criteria for filing a Patent

Novelty: i.e. some a part of it's a replacement development and has not been published in India or elsewhere before the date of filing of the application in India.

Nature of the work: This includes class & description of the work, title of the Work. In case of an internet site copyright, give the URL of the web site . You also need be mention the language of the Work

Date of Publication: Mention the date of Publication in internal magazines (if possible). Like a company magazine or a research paper submitted to a professor doesn't count as publication.

Why Patent Registration

  • Get royalty by licensing your patent
  • Protection for a period of 20 years in India
  • You can then utilize your invention yourself.
  • Stop others from using your invention without your permission

What is a Patent?

The Patenting system in India is governed by the Patents Act, 1970 & The Patents Rules 1972.

TA patent may be a grant by the India Patent and Trademark Office Database that permits the patent owner to take care of a monopoly for a limited period of your time on the utilization and development of an invention.

This right excludes others from making, processing, producing, using, selling, and importing the merchandise or process in India without patent owner’s consent.

Advantage of Registering Geographical Indication

Most of the associations often think whether it's worthwhile to travel for geographical indication protection. Below are a number of the benefits of geographical indication protection which can help them find out the importance of protection.

Boosts Exports:

The prime purpose of the geographical indications act is to provide a legal protection to geographical indications which encourages the marketers to expand their business worldwide. Therefore, the protection of geographical indications boosts exports.

Economic Growth:

The protection of geographical indications helps within the economic prosperity of the producers. The marketing of GI products enhances the secondary economic activities within the GI region which boosts the regional economic development. The protection of geographical indications helps in building an honest reputation and rewards the producers with incentives.

Prevents Misuse of GI Tag:

A geographical indication is represented by a GI tag. The protection of the GI tag prevents misuse of a registered Geographical Indication. The producer features a right to charge anyone not belonging to the GI region trying to use their GI tag and save his reputation from being damaged. The farmers selling products of a given region need to face less competition from fake people that sell bogus products.

Boosts Tourism:

The protection of geographical indications builds a reputation for the GI product throughout the planet . More and more people notice the varied GI products from various regions which successively motivates them to go to those places for accessing those products. This helps in the growth of the tourism industry.

Frequently Asked Questions

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