Madrid Trademark Law firm in India | How to file Trademark Brands Internationally | Intellectual property rights for Startups in India| Different types of Intellectual Property Rights from Startup Business Innovation Intellectual Property Rights (IP Rights) are like any other property rights and Startups should know the difference between patents, trademark brands and industrial design registration. Every startup business has some kind of Intellectual Property (IP) Rights, which it needs to understand and protect the same from being copied by competitor businesses. Many pointer needs to be taken care of while adopting a trademark for your startup brand. Three relevant types of intellectual property that startups should understand are: Patents for Invention /Idea / Innovation Trademarks for Brand Protection Copyrights

1. Understanding
of
Different Intellectual
Property Rights (IPRs)
from Startup
Business Point
By: Adv. Prity Khastgir & Aditi Rungta
Tech Corp Legal LLP
“Where Technology, Business and Law
Intersect”
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2. Intellectual Property Rights (IPR)
For Startups
● Intellectual Property Rights (IP Rights) are
like any other property rights.
● Intellectual Property Rights (IP Rights) are
jurisdiction specific and territorial in
nature.
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Trademark Filed in India and USA will have
protection only in India and USA. No protection
will be granted in China and Singapore.

3. Intellectual Property Rights (IPRs)
For Startups
● Every startup business has some kind of IP
Rights, which the startup business entity
should understand for e.g. brand protection
by way of filing trademarks.
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Protect your Intellectual Property Rights (IPRs)
for creating value proposition for your
customers and stop third party infringement.

4. The Intersection of Intellectual
Property Rights (IPRs) and
Innovation from Startup
Business Viewpoint
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5. Main Objectives of this Startup Business ppt
• Understanding the concept of Intellectual Property by Startups
• Different types of Intellectual Property Rights
• Types of IPRs & every startup has IP Rights
❖ Industrial Property Rights (IPRs)
❖ Copyrights and Related Rights
• Industrial Property Rights
• Difference Trademark and Service Mark
• Geographical Indications
• Industrial design protection and how is it different from patent protection
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6. Main Objectives of this Startup Business ppt
• Patents and Satisfying Patentability criteria by idea/invention/innovation
• Provisional Patent
• Complete Patent Application
• Filing Patent date and Priority Date
• Different Types of Patent Treaties
• World Intellectual Property Organisation (WIPO)
• Patent Cooperation Treaty (PCT international patent applications)
• Paris Convention Treaty
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7. Intellectual Property
The term "intellectual
property" is reserved for
types of property that result
from creations of the
human mind, i.e the
intellect.
Intangible
property
translated into
a tangible form
E.g. Scientific discoveries,
Industrial Designs,
Brand Trademarks, Literary
and artistic works,
Performances and
broadcasts etc.
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8. Intellectual Property Rights From
Startup Viewpoint
Intellectual property rights (IPRs) can be defined
as the rights given to people over creation of
their minds. They usually give the creator an
exclusive right over her/his creations for a certain
period of time. For e.g. as a startup you launch a
business in mobile app and name it
“MOBIQUICK”. “MOBIQUICK” will be your brand.
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9. Types of Intellectual Property Rights (IPRs)
Industrial Property
Rights
Copyrights and Related
Rights
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10. Copyright and Related IP Rights
• Literary, artistic and scientific works e.g. books. Protection of
this property is governed by laws concerning Copyright.
• Performances, broadcasts e.g. concerts. Protection of this
property is governed by laws concerning Copyright's Related
Rights. See below the following ppt is
of TECH CORP LEGAL LLP
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11. Industrial Property Rights (IPRs)
Trademark &
Service mark
Patent Geographical
indications
Industrial
design
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12. Difference b/w Trademark and
Service Mark
• A symbol, logo, word, sound, color or other device used to identify a
business or product.
• Different symbols in use are:
- Registered trademark
- Unregistered trademark used for a product
- Unregistered trademark used for a service
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13. Geographical indications
• A geographical indication (GI) is a sign used on products that
have a specific geographical origin and possess qualities or a
reputation that are due to that origin.
E.g. Darjeeling tea, Swiss cheese,
Champagne etc.
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14. Industrial Design Registration
In a legal sense, an industrial
design constitutes the
ornamental or aesthetic
aspect of an article. The way
it is perceived by the human
eye.
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15. Industrial Design Registration
An industrial design may consist of three
dimensional features, such as the shape of an
article, or two dimensional features, such as
patterns, lines or color.
Industrial design is not similar to patent
protection. No way as an Startup you should
have any confusion between the two IP rights.
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16. Patent Protection for an Idea/
Invention / Innovation
❖A patent is an exclusive right granted for an invention, which is a product
or a process that provides in general, a new way of doing something, or
offers a new technical solution to an existing problem.
❖Patent rights are territorial in nature.
❖Patents provide incentive to individuals by recognizing their creativity and
these incentives encourage innovation.
❖Patent rights last for 20 years from the filing date of the first patent
application before the patent office.
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17. Patentability
Criteria:
•Novelty
•Usefulness
•Non – obviousness
to the skilled person
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18. Provisional
patent
application
Rough
disclosure
of R &D
invention
Patent
“pending
status”
Broad set
of patent
claims
Defines
scope of
invention
12 months
time for
completion
of R&D
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19. Advantages of Provisional Patent
Application
• One year / 12 months to file complete patent protection
• Multiple provisional patent applications can be filed within the 12
month period.
• Protects the patent till the Research (R&D) is complete.
• Quick and inexpensive way to reserve a priority date.
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20. Complete
patent
application
Direct filing
or within 12
months of
provisional
Detailed
description
of invention
Formal
patent
drawings
Detailed
patent
claims
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21. Priority date
The priority date is the effective patent filing date of the
very first patent application for a specific invention.
Within 12 months of that first patent application filing, a
subsequent patent application for the same invention
can be filed claiming this "priority right”.
Filing date The filing date is the date when a patent application is
first filed at a patent office.
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22. World Intellectual Property Organization
The World Intellectual Property Organization (WIPO) is one of
the 17 specialized agencies of the United Nations.
WIPO was created in 1967 "to encourage creative activity, to
promote the protection of intellectual property throughout the
world."
WIPO currently has 188 member states, administers 26
international treaties, and is headquartered
in Geneva, Switzerland.
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23. Patent Cooperation Treaty (PCT Patents)
The PCT is an international treaty with more
than 145 Contracting States. The PCT makes it
possible to seek patent protection for an
invention simultaneously in a large number of
countries by filing a single “international” patent
application instead of filing several separate
national or regional patent applications.
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24. Patent Cooperation Treaty (PCT Patents)
The granting of patents remains under the
control of the national or regional patent offices
in what is called the “national phase”.
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25. Paris Convention Treaty/
Convention Patent Application
The Paris Convention for the Protection of Industrial Property (1883), which
is the oldest Convention administered by WIPO dealing with industrial
property, has provided for ‘the right of priority’.
This right means that, on the basis of a regular first application filed in one
of the Contracting States, the patent / startup applicant may, within a
period of 12 months, apply for protection in any of the other Contracting
States. For e.g. in India patent is filed before the Indian Patent Office (IPO)
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26. Paris Convention Treaty/
Convention Patent Application
The later patent applications will then be regarded as if they had been filed
on the same day as the first patent application in the home country. In
other words, these later patent applications will have priority over
applications which may have been filed during the same period of time by
other persons for the same invention.
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27. Trademark & Brand Law in India
International Registration
of Trademarks under the
Madrid Protocol
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28. India and Madrid Protocol: Advantages
 Madrid system provides one single procedure for the registration
of trademarks in several territories.
 Facilitate Indian and foreign nationals to secure simultaneous
protection of trade marks in other countries.
Simple
Cost-effective
Facilitative
Single Application
One Fee
One Language
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29.  One international trademark application based on a basic
application/registration (For e.g. File 1st application before USPTO
and designate India)
 One language (English, French or Spanish)
 One set of fees in one currency (CHF)
 One registration number and one renewal date
Advantages of the Madrid System for Trademark
Applications
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30.  The trademark registration can be further be extended
geographically (For e.g. enter India after filing in US)
 All subsequent changes to the international
registration may be recorded with the International
Bureau (IB) and have effect through one single
procedure
 Offices do not need to examine for formal
requirements
Advantages of the Madrid Trademark System for Startups
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31. File Trademark Brand Application under Madrid System in
India, USA and other member countries
 Enables the nationals of Member countries of the Protocol to
obtain protection of trade marks within a prescribed period of
18 months.
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32. Procedure for International Trademark Registration under the Madrid
Protocol for Startup Businesses
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33. Dependence on the Basic Trade Mark
•An international registration remains dependent on the mark registered or
applied for in the Office of origin, for a period of five years from the date of its
registration.
•If, and to the extent that, the basic registration ceases to have effect or the
basic application is refused or withdrawn or treated as abandoned within the
five-year period, the international registration will no longer be protected.
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34. International Registration Where India is Designated –
Section 36E
Keep a record
Inform IB within 18
months about
Refusal/Acceptance
Advertisement in
the Official Gazette
Sections 9 to 21, 63
& 74 – Mutatis
Mutandis
No Opposition
within time– notify
IB within 18 months:
Deemed
Acceptance
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35. India as an office of a Designated country
•The particulars of international applications are recorded in TMR data base, by
giving a national number to it as IRDI xxxxxx equating the date of international
registration of IRDI with the date of application for a national application
•The IRDI shall be examined as a national application as per provisions of the Trade
Marks Act & Rules.
•In case of any objection, a provisional refusal shall be communicated to WIPO. The
WIPO communicates the provisional refusal to the applicant of the international
application (the Holder of the international registration)
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36. India as an office of a Designated country
• The Holder of the international registration, may respond to the
provisional refusal and request this office to reconsider it only through
an Indian agent. The post examination process will be similar to that as
in case of national application objected at examination stage.
•In case of no objections, it will be published in the Trade Marks
Journal
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37. Effect and Duration of International Registrations
Sections 36F & 36G
The protection of the
trade mark in India shall
be same as if the trade
mark had been
registered in India :
Duration/ Renewal:
From the date of the international registration
of a trademark where India has been
designated –
From the date of recording in the register of IB
about International registration extending
protection to India -
Renewal after Every 10 Years
Grace Period of Six months for renewal
allowed.
W.S.Kane & Company
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38. Thank you
Any questions?
Email: prity.k@techcorplegal.com
Twitter: @Biopatentlawyer
website: www.techcorplegal.com
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