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Has any indian webmaster here ever obtained any copyright, trademark or patent with respect to his website here and if yes what has been the xperiences. I have been trying to obtain info but seems information is available but NOT in Indian context.
I would sincerely urge and request if anyone has ever obtained any copyright, trademark or patent with respect to his website, then please be kind enough to share his experiences.
Atleast even a refernce or guidance in the right direction will also be extremely appreciated.
Hope someone takes initiative...
with regards,
sunando
If you’re from Mumbai, find a lawyer who does medical/pharmacy products trademark, service mark registration. Never approach a civil/high court lawyer. He will charge you a bomb and won't able to do it properly.
Medical/pharmacy lawyers are specialized in this work and if you’re lucky you will get your TM/SM within one year.
HTH
it seems that the process is quite time consuming as u said that u can get it withing a year and that too if lucky...
i am from kolkata so will have to see for any lawyer here.
Is there any online resource to ur knowledge where i can atleast form an initial idea before talking with any lawyer...
and it seems i need to obtain a service mark rather than tardemark...
also what about copyright in india...is the procedure on the same lines as those of tardemark...
and yes any idea about patenting of software made here in india...
seems i have asked too many questions but then u seem to be the right person as is clearly evident from your worth praising blog.
thanks and regards,
sunando
i am from kolkata so will have to see for any lawyer here.
Yes, find a medical/ pharmacy lawyer.
Is there any online resource to ur knowledge where i can atleast form an initial idea before talking with any lawyer...
You can google for "indian trademark act 1999" - the act was passes in 1999 but was fully in effect last year 2004. The definition of service also changed in this act.
All Lawyers will provide you a booklet which contains all the classes and their descriptions. But personally all this is waste of time. In India anyone and every one can book whatever trademark they want, all you need is good expert lawyer in trademarks.
Example: The Avon Cycles Pvt. Ltd has trademark for "Airline" in India. They had a bi-cycle by the name airline around 10 years back. Today they own Airline.in domain.
Find a lawyer and file a trademark/service mark application. It is very inexpensive process. Not much paper work is needed. If your trademark application is accepted, you have won half the battle. You can use TM/SM on your logo. You can make applications wherever trademark/service mark are necessary under the category “Trademark Applied” and give your application no.
and it seems i need to obtain a service mark rather than tardemark...
You can consult the same with your laywer.
also what about copyright in india...is the procedure on the same lines as those of tardemark...
Anything you write on the web and add copyright at the end of it – is copyright protected. You can burn your website on 2-3 CDs and mail it to yourself by registered Indian post (please do not open the mail) as a proof.
Also visit DMCA website: [chillingeffect.org...] for more info on copyrights.
and yes any idea about patenting of software made here in india...
You have to apply in US for a patent. Find someone from educational or central government research institute, they have in dept knowledge about patenting process.
HTH
thanks man again...
regards,
sunando
