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MMarketing Solutions

Answers

Your questions, answered plainly.

The questions our clients ask before they file — on validity, symbols, timelines and penalties. If yours is not here, call us. The first consultation is free.

How long is a trademark registration valid?Trademark Registration

Under the Trade Marks Act, 1999 a registration is valid for 10 years (extended from the earlier 7 years) and is renewable indefinitely.

When can I start using the TM symbol?Trademark Registration

Roughly 30 days after filing you can begin using TM for goods or SM for services. The ® symbol may only be used after registration is granted.

Do I really need a trademark attorney?Trademark Registration

A trademark attorney monitors the whole procedure, carries out searches, drafts the specification, replies to objections and handles oppositions on your behalf. Your trademark is not only a valuable asset but the goodwill of the company — it deserves accurate, expert handling.

What if my mark is similar to an existing one?Trademark Registration

It may infringe the prior mark. The prior owner can demand cancellation of your registration and claim financial compensation — which is exactly why a search before adoption is non-negotiable.

Is copyright registration mandatory in India?Copyright Registration

No. Copyright generally arises automatically when an original work is created. Registration is not mandatory, but the registration certificate and entries in the Register of Copyrights can serve as prima facie evidence in ownership disputes.

How long does copyright registration take in India?Copyright Registration

The Copyright Office states that, in the normal course, registration may take around 2–3 months after filing. Objections, discrepancies or hearings can extend the timeline.

How long does copyright protection last?Copyright Registration

The term depends on the category of work. For literary, dramatic, musical and artistic works, copyright generally lasts for the author's lifetime plus 60 years, subject to statutory exceptions.

Can I copyright a logo?Copyright Registration

An original logo may qualify as an artistic work for copyright protection. Depending on how the logo is created and used, trademark and design law may also be relevant.

Can software be registered under copyright?Copyright Registration

Yes. Computer programmes are protected as literary works under the Copyright Act, 1957, subject to the applicable requirements for registration. Specific filing requirements apply to computer programmes, including source-code documentation.

Can website content be copyrighted?Copyright Registration

Original website content such as written material, software code, photographs, illustrations, graphics, music and videos may qualify for copyright protection depending on the nature and originality of the work.

Is copyright registration a one-time process?Copyright Registration

Yes. Copyright registration does not operate like trademark registration requiring periodic renewal. However, the duration of copyright depends on the category of work and the applicable statutory provisions.

What happens after filing a copyright application?Copyright Registration

After filing, the application receives a diary number and is subject to the prescribed objection period. The Copyright Office then examines the application and may request clarification or correction of discrepancies before registration.

Can a company register copyright?Copyright Registration

Yes, where the company is the lawful copyright owner or otherwise has the relevant rights in the work. Ownership documents and supporting authorisation may be required depending on the circumstances.

Can I protect my website and software together?Copyright Registration

Different components may qualify as different copyright works. For example, software code, written website content, photographs, graphics, music and videos may each have separate copyright considerations and registration requirements.

What is the term of a patent in India?Patent Registration

Generally twenty years from the date of filing.

When is a patent application published?Patent Registration

Every application is published 18 months from the date of filing or the priority date, whichever is earlier, subject to statutory exceptions.

How can I find out if an invention is already patented?Patent Registration

A preliminary search can be run on the patent office website, in the weekly Indian Patent Office journal, or in the patent office search and reference room, which is open to the public Monday to Friday. We run this search for you before drafting.

What is the Register of Designs?Design Registration

A statutory document maintained by the Patent Office, Kolkata containing the design number, class number, date of filing, reciprocity date if any, and the name and address of the proprietor.

Can I re-apply if my earlier application was abandoned?Design Registration

Yes. The Patent Office does not publish abandoned applications, so the same applicant may apply again — provided the design was not published in the meantime.

Does the Patent Office enforce my design right?Design Registration

No. The Patent Office is not involved in enforcement, exploitation or commercialisation. Enforcement is by suit in a court not lower than the District Court — which we handle through our litigation team.

Which certification bodies do you work with?ISO 9001:2015 Certification

We coordinate with accredited certification bodies and prepare your organisation so that the external audit is straightforward. Tell us your client's accreditation requirement and we will match it.

Do you also handle surveillance audits?ISO 9001:2015 Certification

Yes — surveillance and recertification support is available under our Annual Maintenance Contract.

Can ISO 14001 be integrated with ISO 9001?ISO 14001:2015 Certification

Yes. We routinely build integrated management systems so one set of documents and one audit cycle covers quality, environment and safety.

Is OHSAS 18001 still valid?OHSAS 18001 / ISO 45001 Certification

OHSAS 18001 has been superseded by ISO 45001. We implement to ISO 45001 and can migrate an existing OHSAS system for you.

Do you also help with FSSAI licensing?ISO 22000 / HACCP Certification

Yes — tell us your product category and turnover and we will advise on the correct FSSAI registration or licence alongside the ISO 22000 work.

Does ISO 27001 cover software protection?ISO 27001 Certification

ISO 27001 protects your information assets, including source code and customer data. Copyright registration of the source code complements it — we can do both.

Which products need CE marking?CE Marking Certification

It depends on the directive applicable to your product category — machinery, low voltage, EMC, medical devices, toys and others. Send us the product details and we will confirm the route.

Can you also register our brand at the same time?Company Registration (ROC)

Yes — and we recommend it. Company name approval at the ROC does not give you trademark rights. We usually file the trademark alongside incorporation.

Where are design infringement suits filed?IPR Litigation & Enforcement

A suit for infringement or recovery of damages under the Designs Act must not be filed in any court below the court of the District Judge.

Do you appear outside Nagpur?IPR Litigation & Enforcement

Yes — we handle matters across India through our associate network of advocates.

What does the AMC cost?IP Annual Maintenance Contract

It is priced on the size of your portfolio. Send us a list of your registrations and we will quote a fixed annual fee.

Still unsure? Call +91 86053 56883 or write to iprmarketingsolutions09@gmail.com. We will tell you plainly whether a filing is worth making before you spend anything on it.

Not sure which registration you need?

Send us your brand name, logo or product details. We run the search, tell you exactly what is registrable, and quote a fixed fee before you commit.

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