FAQs

faqs

Frequently asked questions

COPYRIGHT
On Which Contents can Copyright be obtained ?

Copyright covers:

Works of art (2 or 3 dimensional),
Photos, pictures, graphic designs,drawings and other forms of images;Songs,music and sound recordings of all kinds;
Books, manuscripts, publications and other written works; and
Plays, movies, shows, and other performance arts.

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Does the Title, name or inventions get Copyright?

No the Titles, names, tag lines or inventions and ideas cannot be protected by copyright as government has made a system where titles , names and slogans are protected by Trademark and invention, ideas, processes are protected by Patent.

Is there any procedure to know whether my work or any of its content has previously been registered?

Unfortunately there is no such procedure available to find the work, except to give a thorough check in any of the search engine to find the work on internet.

Do I get protection for my work once I have applied for Copyright?

Yes, definitely. If you find that your work has been infringed by anyone you should send a legal notice and if the problem is not resolved you can file a case against him in the court of law.

Is the Copyright only valid in India?

Yes , but if you find anyone using it outside India you can object by showing the proof that this work has been registered by you and you are the owner of the original work.

How long is the Copyright Valid for?

The validity depends on the type of work; if it’s a literary work it is valid 60 years after the death of the author and in case of other works 60 years from the date of publication.

If someone claims that I have infringed their work what should I do?

Initially they will send you a legal notice for which MYCrave can help you to respond to it. If required,MYCrave can provide you with a lawyer to fight your case.

Can I sell or transfer a copyright?

Copyright can be licensed, sold, gifted or transferred like any of your assets but only with the consent of the true owner of the work.

PATENT
Is it necessary to fill a NDA?

Yes, for you. It gives you a confidence to disclose your idea with our representative without the fear of the idea or innovation being copied.

What can be patented?

The following things can be patented :

– A process, method or manner of manufacturing Machine or apparatus

– Computer software that is attached to hardware or has a functioning attached to hardware.

– Product patent for medicine, chemical composition, plant ,any new and useful improvement, Design etc.

Why is it necessary to have a patent search before filing?

 

When you have made an innovation there is wide scope that you might be completely aware about the inventions in your localities but when you file a patent the innovation needs to be exclusive all over the world. So this search provides you with an assurance that your innovation is unique and can be patented.
Do you search only in India for similar Patent?

No, along with a national search we also provide an International Search result.

If there is a similar patent is there any scope that I can file?

The basic concept of patent says that if 1% of your idea or innovation is unique to the existing product you are capable of filing and claiming for your innovation.

What is the benefit of filing provisional?

It helps to establish “Priority” right over the invention. It is less expensive to file and the owner can learn about its true market value before filing for complete patent.

Can I patent software?

 

No, Indian system does not allow a patent for a software but if it deals with a hardware or it can be described as a process with hardware interaction then it can be molded into a patent applicable concept.
What are the basic criteria for anything to be patentable?

The process, idea, invention or product should be innovative(i.e. not obvious), novel (shouldn’t have been anticipated in any published document) and industrially applicable (possess utility).

What are the contents that need to be provided by me while filing provisional?
  • you are required to provide us the basic details like the existing product , the advantages of your product, the criteria you have overcome of the existing product and the miracles you can do with your product and the technologies you have used.
When does the provisional document expire?

The provisional document will be abandoned after 12 months from the date of filing so a complete filing needs to b done within that time span.

When does a Patent Expire?

The patent falls into public domain after 20 years from the date of filing.

How can I inform others that I have applied for patent for this particular product?

Till the patent is not granted by the government you are eligible to use the tag “Patent Pending” to warn others from infringing.

TRADEMARK
What is Trademark Class?

 

Trademark Registry has distributed the services and goods in 45 classes. So depending upon the Goods or Services you are providing in the market your name or logo will be registered under the particular class. You can apply the same name/word under multiple classes.
What are the documents required when I file for my Trademark?

 

An image of the logo in JPEG format along with the address of the individual and his personal details and in case of a company, the name of the company along with its address proof and its certification of Incorporation is required.
When can I use ™ symbol and when can I use ® ?

 

As soon as your application is filed you are eligible to use the ™ symbol but the registration process takes around 10-24 months by the government so once you get through it you are eligible to use the ® Symbol.
What if someone has a similar word trademarked?

 

In this case you cannot get the word as it has already been taken but all is not over you can design a unique design/logo that contains this word and can apply for the TM. Even you can use a Prefix to the word which is also permissible.
For how many years is the Trademark valid?

 

It is valid for 10 years from the date of application and it needs to be renewed indefinitely.
Should I file the trademark in my own name?

 

Usually the large business would prefer to get it in the name of the company but the start-up founders register it under their own name. This is done because even if the start-up company doesn’t work the name will be valid regardless of the company as it is owned by the owner.
Do you guarantee approval of my trademark?

 

This decision entirely depends on the Government’s Trademark official but if your word or logo is unique there is a high possibility that it will be registered.
What are the circumstances when the TM applications are commonly rejected?

 

This is a possibility only when the applied word/logo match to an already existing application, or if it is offensive in any way or hurts religious feeling , contains geographical names or nationwide recognized emblems or common word that are ought to create confusion, all of these type can be rejected.
What if there is a mistake in my TM application?

 

If there is any mistake in the details YOU have provided, we will have to file for modification which will attract additional charges. If there is any mistake regarding the TM applied (word/logo) a new application will have to be filed.
Will my TM application be valid across the world?

 

No, the applied application will only be valid in India.
IP WATCHDOG
What is the term of a patent in the Indian system ?
Term of the patent is 20 years from the date of filling for all types of inventions.
What problems does business consulting typically solve?
A patent has to be maintained by paying the maintenance fees every year.
How is the scope of a consulting project determined?
If the maintenance/renewal fees is not paid, the patent will cease to remain in force and the invention becomes open to public. Anyone can then utilize the patent without the danger of infringing the paten
How long does a business consulting project last?
Patent rights are usually enforced in a court on the initiative of the right owner. In most systems a court of law has the authority to stop patent infringement. However the main responsibility for monitoring, identifying, and taking action against infringes of a patent lies with the patent owner
What is patent infringement ?
Patent infringement is the act of making, using, selling, or offering to sell a patented invention, or importing a product covered by a claim of a patent without the permission of the patent owner. Further, actively encouraging others to infringe patents, or supplying or importing components of a patented invention, and related acts can also give rise to liability in certain cases.
How does a patent infringement lawsuit begin?
A patent lawsuit begins with the filing of a complaint alleging patent infringement by the patent holder” The patent owner may first send a “demand” letter that states that you are potentially infringing the claims of a patent and request that you pay for a license to use the patented invention, or it may go straight to court.
How can I tell whether or not I’m infringing?
To determine whether or not you are infringing a patent, you or your attorney would need to compare a patent’s claims and the accused product, system, or process. To infringe a patent, the accused must perform each and every element of one or more of its claims, or actively encourage, sell or offer to sell a component that leads to another infringement.
My trademark expired six months ago. What can I do?
You can apply for a restoration between 6 months to a year from the date of expiry, but a fine along with the renewal fees needs to be submitted to the registry while applying for restoration
I wish to renew a trademark and also extend it to another class. Will it be treated as a new application?
Yes any application to a new class will be considered as a new application; be it at the time of TM application, renewal or extending a registered Trademark into another class.
Over a year has passed since the expiry of my trademark. What can I do?

 

You need to send us your trademark details and we will get a form signed from you to renew your Trademark, but the government fine is higher i.e. around 10,000/- and it should not have been taken off the registry for this procedure to be done.
My trademark has been taken off the registry. What can I do?
You can breathe safe as no one else will be granted the Trademark but you will have to file a new application to get the TM back.
Benefit of getting the TM application filed under the supervision of MYCrave in such circumstances?

 

Our Team will keep a constant check, so if any further procedure is required like TM renewal, we will inform you before the date expires so that you can enjoy your name without paying any additional TM registry’s fine.
Will we get objection in all the applications applied?
No, it is not necessary if the word or logo is unique and does not cause any confusion or matches to any brand or does not hurt any religious feelings there is rarely any chance for any kind of objection
Do you guarantee clearance in case of trademark objection?
This decision depends on the government’s judgment but an appropriate response will increase the possibility of getting a complete clearance.
I filed a trademark via MYCrave, now the government has raised an objection. Will I have to pay again?
No, we do not collect any additional fees but the lawyers we will appoint will charge around 4000-5000(INR).