Module 5 [22RMI18] Research Methodology and IPR

Module -5
Intellectual Property Rights
Topics Covered

Intellectual Property (IP) Acts: Introduction to IP: Introduction to Intellectual Property (IP),
different types of IPs and its importance in the present scenario, Patent Acts: Indian patent
acts 1970.Design Act: Industrial Design act 2000. Copy right acts: Copyright Act 1957. Trade
Mark Act, 1999.

INTRODUCTION TO INTELLECTUAL PROPERTY (IP)

• Intellectual property law protects the results of human creative endeavor.

• Intellectual property is generally thought to comprise four separate fields of law:

trademarks, copyrights, patents, and trade secrets.

• A trademark is a word, name, symbol, or device used to identify and distinguish one’s
goods or services and to indicate their source.

• Copyright protects original works of authorship, including literary, musical, dramatic,

artistic, and other works. Just as trademarks are protected from the moment of their
first public use, copyright exists from the moment of creation of a work in fixed form;
registration of a copyright with the Copyright Office, while affording certain benefits, is
not required.

• A patent is a grant from the government that permits its owner to exclude others from
making, selling, using, or importing an invention.

• A trade secret consists of any valuable commercial information that, if known by a

competitor, would provide some benefit or advantage to the competitor.

• There are three distinct types of property that individuals and companies can own:
— real property refers to land or real estate;
— personal property refers to specific items and things that can be identified, such as
jewelry, cars, and artwork;
— intellectual property refers to the fruits or product of human creativity, including
literature, advertising slogans, songs, or new inventions.
Thus, property that is the result of thought, namely, intellectual activity, is called
intellectual property (IP). In some foreign countries, intellectual property (especially
patents and trademarks) is referred to as industrial property. Intellectual property can
be bought, sold, and licensed. Similarly, it can be protected against theft or infringement
by others.

• Intellectual property is a field of law that aims at protecting the knowledge created
through human effort in order to stimulate and promote further creativity.
• Authors who write books and musicians who compose songs would be unlikely to
engage in further creative effort unless they could realize profit from their endeavors.

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DIFFERENT TYPES OF IPS AND ITS IMPORTANCE IN THE PRESENT SCENARIO

TYPES OF INTELLECTUAL PROPERTY

The term intellectual property is usually thought of as comprising four separate, but often
overlapping, legal fields: trademarks, copyrights, patents, and trade secrets.

Trademarks and Service Marks:

• A trademark or service mark is a word, name, symbol, or device used to indicate the
source, quality, and ownership of a product or service.
• A trademark is used in the marketing of a product (such as REEBOK® for shoes), while
a service mark typically identifies a service.
• In addition to words, trademarks can also consist of slogans(I’m lovin’ it’ for Mc
Donald’s), designs (such as the familiar “swoosh” that identifies Nike products), or
sounds (such as the distinctive giggle of the Pillsbury Doughboy).
• Trademarks provide guarantees of quality and consistency of the product or service they
identify.
• A trademark registration is valid for 10 years and may be renewed for additional 10-year
periods thereafter as long as the mark is in use in interstate commerce.

Copyrights
Copyright is a form of protection governed exclusively by federal law granted to the
authors of original works of authorship, including literary, dramatic, musical, artistic,
and certain other works. Thus, books, songs, plays, jewelry, movies, sculptures,
paintings, and choreographic works are all protectable. Computer software is also
protectable by copyright.

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• Copyright protection is available for more than merely serious works of fiction or art.
Marketing materials, advertising copy, and cartoons are also protectable.

• Copyright is available for original works; no judgment is made about their literary or
artistic quality.

• Nevertheless, certain works are not protectable by copyright, such as titles, names, short
phrases, or lists of ingredients. Similarly, ideas, methods, and processes are not
protectable by copyright, although the expression of those ideas is.

• The owner of a copyright has the right to reproduce the work, prepare derivative works
based on the original work (such as a sequel to the original), distribute copies of the work,
and to perform and display the work.

• Generally, copyrighted works are automatically protected from the moment of their
creation for a term generally enduring for the author’s life plus an additional 70 years
after the author’s death. After that time, the work will fall into the public domain and may
be reproduced, distributed, or performed by anyone.

Patents
• A patent is a grant from the government that permits its owner to prevent others from
making, using, importing, or selling an invention.

• There are three types of patents:

― utility patents, which are the most common patents and which cover useful inventions and
discoveries (such as the typewriter, the automobile, and genetically altered mice);
― design patents, which cover new, original, and ornamental designs for articles (such as
furniture); and
― plant patents, which cover new and distinct asexually reproduced plant varieties (such as
hybrid flowers or trees).

• Patent protection is available only for useful, novel, and nonobvious inventions.
Generally, patent law prohibits the patenting of an invention that is merely an
insignificant addition to or minor alteration of something already known. Moreover, some
items cannot be protected by patent, such as pure scientific principles.

• Patent protection exists for 20 years from the date of filing of an application for utility
patents (assuming that certain fees are paid to maintain the patent in force) and plant
patents and 14 years from the date of grant for design patents. After this period of time,
the invention falls into the public domain and may be used by any person without
permission.

Example:
Patent Name: "Navigation system using satellites and passive ranging techniques".

GPS satellites were invented by the Navy, and they are operated today by the Air Force.
Roger L. Easton was the mastermind behind the Global Positioning System, developing
technologies in the 1950s for the Naval Research Laboratory (NRL) to track U.S. satellites
in orbit.

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Patent protection exists for 20 years from the date of filing of an application for utility patents
(assuming that certain fees are paid to maintain the patent in force) and plant patents and 14
years from the date of grant for design patents. After this period of time, the invention falls into
the public domain and may be used by any person without permission.

Trade Secrets

• A trade secret consists of any valuable business information that, if known by a

competitor, would afford the competitor some benefit or advantage.

• There is no limit to the type of information that can be protected as trade secrets; recipes,
marketing plans, financial projections, and methods of conducting business can all
constitute trade secrets.

• Even something as simple and nontechnical as a list of customers can qualify as a trade
secret as long as it affords its owner a competitive advantage and is not common
knowledge.

• If trade secrets were not protectable, companies would have no incentive to invest time,
money, and effort in research and development that ultimately benefits the public.

• Trade secrets are generally protectable under various state statutes and cases and by
contractual agreements between parties.

For example, employers often require employees to sign confidentiality agreements in

which employees agree not to disclose proprietary information owned by the employer.
Thus, disclosure of the information should be limited to those with a “need to know” it so
as to perform their duties; confidential information should be kept in secure or restricted
areas; and employees with access to proprietary information should sign nondisclosure
agreements.

The Increasing Importance Of Intellectual Property Rights

• Although people have always realized the importance of protecting intellectual property
rights, the rapidly developing pace of technology has led to increased awareness of the
importance of intellectual property assets.

• Some individuals and companies offer only knowledge. Thus, computer consultants,
advertising agencies, Internet companies, and software implementers sell only
brainpower. Similarly, some forms of intellectual property, such as domain names and
moving images shown on a company’s Web page, did not even exist until relatively
recently.

• Internet domain names such as “www.ibm.com” are valuable assets that must be
protected against infringement.

• Nearly $126 billion of U.S. exports now depend on some form of intellectual property
protection, including pharmaceuticals, motor vehicles, and aircraft and associated
equipment.

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• Moreover, the rapidity with which information can be communicated through the Internet
has led to increasing challenges in the field of intellectual property. Books, movies, and
songs can now be copied, infringed, and sold illegally with the touch of a keystroke.

• The Office of the United States Trade Representative has estimated that U.S. industries
lose between $200 billion and $250 billion annually from piracy, counterfeiting of goods,
and other intellectual property infringements.

PATENT ACTS: INDIAN PATENT ACTS 1970

Background
• The history of Patent law in India starts from 1911 when the Indian Patents and Designs
Act, 1911 was enacted. The present Patents Act, 1970 came into force in the year 1972,
amending and consolidating the existing law relating to Patents in India.

• The Patents Act, 1970 was again amended by the Patents (Amendment) Act, 2005,
wherein product patent was extended to all fields of technology including food, drugs,
chemicals and micro-organisms. After the amendment, the provisions relating to
Exclusive Marketing Rights (EMRs) have been cancelled, and a provision for enabling
grant of compulsory license has been introduced. The provisions relating to pre-grant
and post-grant opposition have been also introduced.

Procedure for Grant of a Patent in India

• After filing the application for the grant of patent, a request for examination is required
to be made for examiner of the application in the Indian Patent Office within 48 months
from the date of priority of the application or from the date of filing of the application.

• After the first examination report is issued, the applicant is given an opportunity to meet
the objections raised in the report. The applicant has to comply with the requirements
within 6 months from the issuance of the first examination report which may be
extended for further 3 months on the request of the applicant. If the requirements of the
first examination report are not complied with within the prescribed period of 9 months,
then the application is treated to have been abandoned by the applicant.

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• After the removal of objections and compliance of requirements, the patent is granted
and notified in the Patent Office Journal.

Filing of Application for Grant of Patent in India by Foreigners

• India is a signatory to the Paris Convention for the Protection of Industrial Property,
1883, and the Patent Cooperation Treaty (PCT), 1970. As a result, foreign entities have
the option to choose either of these treaties when filing a patent application in India.

• If an application for a patent related to an invention in a Convention Country has already

been filed, the applicant, their legal representative, or assignee can also file a similar
application in India for the grant of a patent. This must be done within 12 months from
the date of the original application made in the Convention Country (i.e., the applicant's
home country). In such cases, the priority date is considered to be the date of the original
application.

What can be patented?

In order to be patentable, an invention must pass four tests:

1. The invention must fall into one of the five “statutory classes: Process, Machines,
Manufactures, compositions of matter, and new uses of any of the above
2. The invention must be “useful”
3. The invention must be “novel”
4. The invention must be “nonobvious”

Salient features
The Indian Patent Act of 1970 has several salient features, including:
• Product and Process Patents: The Act provides for the grant of both product and
process patents, allowing inventors to protect both the final product and the specific
method or process of production.
• Term of Patent: The term of a patent in India is generally 20 years from the date of
filing the patent application.
• Examination: The Act allows for examination of patent applications upon request. This
ensures that the invention meets the criteria of novelty, non-obviousness, and industrial
applicability.
• Pre-Grant and Post-Grant Opposition: The Act includes provisions for both pre-grant
and post-grant opposition, allowing interested parties to challenge the grant or validity
of a patent.
• Fast Track Mechanism: There is a fast track mechanism in place for the expedited
disposal of patent-related appeals, reducing the time taken for resolving disputes.
• Protection of Biodiversity and Traditional Knowledge: The Act includes provisions

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for the protection of biodiversity and traditional knowledge, ensuring that the rights of
indigenous communities and their traditional knowledge are safeguarded.
• Publication of Applications: Patent applications are published after 18 months from
the filing date or priority date, whichever is earlier. There is also an option for early
publication.
• Compulsory Licensing: The Act provides for compulsory licensing in certain
circumstances, such as when a patented invention is not being worked in India or when
it is deemed necessary in the interest of the public.
• Exclusive Marketing Rights: The Act allows for the grant of exclusive marketing rights
to pharmaceutical and agrochemical products for a limited period, which serves as an
incentive for the development of new drugs.

Non Patentable inventions

Inventions falling under Atomic Energy Act, 1962 are not patentable .

Eg: Inventions relating to compounds of Uranium, Beryllium, Thorium, Plutonium, Radium,

Graphite, Lithium are more as notified by Central Govt. from time to time.

Pre-grant Opposition
A representation for pre-grant opposition can be filed by any person of the Patents Act, 1970
within six months from the date of publication of the application, as amended (the "Patents
Act") or before the grant of patent. There is no fee for filing representation for pre-grant
opposition. Representation for pre-grant opposition can be filed even though no request for
examination has been filed. However, the representation will be considered only when a
request for examination is received within the prescribed period.

Post-grant Opposition
Any interested person can file post-grant opposition within twelve months from the date of
publication of the grant of patent in the official journal of the patent office.

Grounds for Opposition

Some of the grounds for filing pre-and post-grant opposition are as under:
a) Patent wrongfully obtained;
b) Prior publication;
c) The invention was publicly known or publicly used in India before the priority date of
that claim;
d) The invention is obvious and does not involve any inventive step;
e) That the subject of any claim is not an invention within the meaning of this Act, or is not
patentable under this Act;
f) Insufficient disclosure of the invention or the method by which it is to be performed;
g) That in the case of a patent granted on convention application, the application for patent
was not made within twelve months from the date of the first application for protection
for the invention made in a convention country or in India;

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h) That the complete specification does not disclose or wrongly mentions the source and
geographical origin of biological material used for the invention; and

(i) That the invention was anticipated having regard to the knowledge, oral or otherwise,
available within any local or indigenous community in India or elsewhere.

Before filing an application for grant of patent in India, it is important to note "What is
not Patentable in India?" Any invention which is

1. Frivolous
2. obvious
3. contrary to well established natural laws
4. contrary to law
5. Morality
6. injurious to public health
7. a mere discovery of a scientific principle
8. the formulation of an abstract theory
9. a mere discovery of any new property or new use for a known substance or process,
machine or apparatus
10. a substance obtained by a mere admixture resulting only in the aggregation of the
properties of the components thereof or a process for producing such substance
11. a mere arrangement or rearrangement or duplication of known devices
12. a method of agriculture or horticulture and inventions relating to atomic energy, are not
patentable in India.

Compulsory Licensing
• One of the most important aspects of Indian Patents Act, 1970, is compulsory licensing of
the patent subject to the fulfillment of certain conditions.

• At any time after the expiration of three years from the date of the sealing of a patent, any
person interested may make an application to the Controller of Patents for grant of
compulsory license of the patent, subject to the fulfillment of following conditions:

— the reasonable requirements of the public with respect to the patented invention have not been
satisfied;
— that the patented invention is not available to the public at a reasonable price; or
— that the patented invention is not worked in the territory of India.

• It is further important to note that an application for compulsory licensing may be made by
any person notwithstanding that he is already the holder of a license under the patent.

• For the purpose of compulsory licensing, no person can be stopped from alleging that the
reasonable requirements of the public with respect to the patented invention are not
satisfied or that the patented invention is not available to the public at a reasonable price
by reason of any admission made by him, whether in such a license or by reason of his
having accepted such a license.

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• The Controller, if satisfied that the reasonable requirements of the public with respect to
the patented invention have not been satisfied or that the patented invention is not
available to the public at a reasonable price, may order the patentee to grant a licence upon
such terms as he may deem fit.

• However, before the grant of a compulsory license, the Controller of Patents shall take
into account following factors:
1. The nature of invention;
2. The time elapsed, since the sealing of the patent;
3. The measures already taken by the patentee or the licensee to make full use of the invention;
4. The ability of the applicant to work the invention to the public advantage;
5. The capacity of the applicant to undertake the risk in providing capital and working the
invention, if the application for compulsory license is granted;
6. As to the fact whether the applicant has made efforts to obtain a license from the patentee on
reasonable terms and conditions;
7. National emergency or other circumstances of extreme urgency;
8. Public non-commercial use; and
9. Establishment of a ground of anti-competitive practices adopted by the patentee.

DESIGN ACT: INDUSTRIAL DESIGN ACT 2000

Introduction
In our day to day life, we encounter various objects which we can recognize by observing
their design. Products which are artistically designed can grab the attention of the cus tomer
the moment they see it. These designs can take the form of Art, drawings, graphics etc.
These designs may be created by professionals which includes engineered designs or
architectures blueprints for any property, interior designs etc.

Design act 2000 definition

“Design” means features of shape, pattern, configuration, ornament or composition of colors
or lines which is applied in three dimensional or two dimensional or in both the forms using
any of the process whether manual, chemical, mechanical, separate or combined which in
the finished article appeal to or judged wholly by the eye.

Objectives of design act 2000

• The primary objective of the Design Act is to protect the designs.
• The Design Act 0f 2000 is an Act to consolidate and amend the law relating to the
protection of designs.

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• Its main objective is to protect new or original designs from getting copied which causes
loss to the proprietor.
• The important purpose of design registration is to see that the creator, originator or
artisan of any design is not deprived of his reward for creating that design by others
copying it to their goods or products.
• An industrial design helps in drawing a customer’s attention and helps in increasing the
commercial value of an article. Therefore, helps in expanding its market.
• There are many competitors who adopt evil ways to reduce the competition in the rival
groups by exploiting the designs to their advantage. Thus, it is necessary to have laws to
safeguard the interests of the owners of these designs. In order to fulfill this objective, the
Design Act of 2002 came into existence.

What is to be considered to register under this Act?

Looking forward to registering a design under Design Act, 2000, one must ensure following
features in your design which are:
— The work must be capable of selling and made separately.
— It must be original and new to the market. The plagiarized design will not be considered
under this act.
— It should be purely distinguishable from other designs.
— It must not relate to obscenity or any material which is inappropriate.

Who is entitled to seek Registration?

As per the provisions of Design Act, 2000 any proprietor who is seeking registration of a
design which is original and unpublished previously in any country which does not seems to
be contrary to any law and order of that country can file an application for registration. A
proprietor as per Section 2(j) includes that person who

1. Is the author of that design

2. Acquired design for a valid consideration and
3. Any person to whom the design has been devolved from the original proprietor.

In case there is more than one author than the design must be applied by the joint authors
only.

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Application for registration of designs

The application for registration of designs is given under Section 5 of the Design Act, 2000.

• The controller registers a design under this Act after verifying that the design of any
person, claiming to be the proprietor, is the new or original design not previously
published anywhere and is not against any public policy or morality. Provided that such
a design should be capable of being registered under this Act.

• The applications under the Act shall be filed in the Patent Office in the prescribed
manner along with the prescribed fee for filling the form.

• The design should be registered in a specific class and not in more than one class. In
case of any doubt regarding the class in which the design should be registered, the
Controller will decide the matter.

• The controller may even reject any design and not register it. In such a case, the person
aggrieved may file an appeal before the High Court.

• If any application is not complete within the prescribed time limit owing to the fault of
the applicant, then it shall be abandoned.

• A design when registered shall be registered as of the date of the application for
registration.

Items that cannot be registered as a design under the Act

• Signs, emblems or flags of any country.
• Size of any article, if changed.
• Structures and buildings.
• Integrated circuits’ layout designs.
• Trade variations.
• Any principle or mode of construction of any article such as labels, tokens, cartoons,
cards, etc.
• Books, calendars, certificates, jackets, forms-and other documents, greeting cards,
maps and plan cards, postcards, leaflets, stamps, medals, dressmaking patterns.
• A mechanical contrivance.
• Workshop alterations of components of an assembly.
• Parts of any article which is not manufactured and sold separately.

Duration of the registration of a design

The total time for which a design can be registered is 15 years. Initially, it was 10 years,
which could be extended for another 5 years by paying a fee of Rs. 2000 to the Controller
but it should be done before the expiry of that 10 years period.

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COPY RIGHT ACTS: COPYRIGHT ACT 1957

• Copyright deals with the rights of intellectual creators in their creation. The copyright law
deals with the particular forms of creativity, concerned primarily with mass
communication.

• The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works
and cinematograph films and sound recordings from unauthorized uses. There is no
copyright protection for ideas, procedures, methods of operation or mathematical
concepts as such.

Why Copyright?
• Copyright ensures certain minimum safeguards of the rights of authors over their
creations, thereby protecting and rewarding creativity. Creativity being the keystone of
progress, no civilized society can afford to ignore the basic requirements of encouraging
the same.

Meaning of Copyright
Section 14 of the act defines copyright as:
1. In case of literary, dramatic or musical work:
a) Reproducing the work in any material form which includes storing of it in any medium by
electronic means,
b) Issuing copies of the work to the public which are not already in circulation,
c) Performing the work in public or communicating it to the public,
d) Making any cinematograph film or sound recording in the respect of work,
e) Making any translation or adaptation of the work.

2. In case of a computer program:

a) To do any of the acts specified in respect of a literary, dramatic or musical works,
b) To sell or give on commercial rental or offer for sale or for commercial rental any copy of the
computer program.

3. In the case of artistic works:

a) To reproduce the work in any material from including storing of it in any medium by electronic
or other means, depiction in three dimensions of a two dimensional work and depiction in two
dimensions of a three dimensional work,
b) Communicating the work to the public,
c) Issuing copies of work to the public which are not already in existence,
d) Including work in any cinematograph films,
e) Making adaptation of the work, and to do any of the above acts in relation to an adaptation of
the work.

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4. In the case of cinematograph film:

a) To make a copy of the film, including photograph of any image forming part thereof or storing
of it in any medium by electronic means or otherwise.
b) To sell or give on commercial rental or offer for sale or for such rental, any copy of the film,
c) To communicate the film to the public.

5. In the case of sound recording:

a) To make any other sound recording embodying it “including storing of it in any medium by
electronic or other means,
b) To sell or give on commercial rental or offer for sale or for such rental, any copy of the sound
recording,
c) To communicate the sound recording to the public.

Term of Copyright:

• Literary, dramatic, musical or artistic works enjoy protection for the life time of the author
plus 60 years beyond i.e. 60 years after his death. In case of joint authorship which
implies collaboration of two or more authors in the production of work, the term of
copyright is to be construed as a reference to the author who dies at last.

• In case of copyright of posthumous, anonymous and pseudonymous works,

cinematograph films, sound recordings, works of Government, public undertakings and
international organization, the term of protection is 60 years from the beginning of the
calendar year next following the year in the work has been first published.

• The act has given broadcasting reproduction right to every broadcaster which is valid for
25 years from the beginning of the calendar year next following the year in the broadcast
has been done.

Copyright Board:
• Section 11 of the act provides for the establishment of the Copyright Board and empowers
Central Government to constitute the same consisting of Chairman and 2 other members.

• It has many important functions, such as:

1. Settlement of disputes,
2. Grating of licenses, etc

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TRADE MARK ACT, 1999.

A trademark is a word, phrase, symbol, or design that helps distinguish the source of the
goods of one party/organization from that of others.

1. Introduction

Trademark rights in India are statutorily protected by the Trademark Act, 1999and also
under the common law remedy of passing off. The administration of such protection under
the Act is done by the Controller General of Patents, Designs and Trademarks. The
Trademark Act, 1999 deals with the protection, registration and prevention of fraudulent use
of trademarks. It also deals with the rights of the holder of the trademark, penalties for
infringement, remedies for the damaged as well as modes of transference of the trademark.
Trademark is defined in the Trademark Act, 1999 as, “trademark means a mark capable of
being represented graphically and which is capable of distinguishing the goods or services of
one person from those of others and may include the shape of goods, their packaging and
combination of colours.” Such a mark may include numerous things such as signatures,
names, labels, headings etc.

2. Registration of Trademark

To apply for a trademark a person must adhere to the provisions enlisted under Section 18 of
the Act. The Section requires any persons applying for a trademark to apply in writing in the
manner that is prescribed for the registration. The application has to contain the name of the
mark, goods and services, the class under which goods and services fall, the period of the use
of the mark and the personal details of the applicant such as name and address.

3. Infringement of Trademark

The term infringement means the violation of someone’s rights. Therefore infringement of
trademark means the violation of trademark rights. A trademark is said to be infringed when
there is an unauthorised use of a trademark or a substantially similar mark on goods or
services of a similar nature. In such a case, the court will look at whether such use of the
trademark will cause any confusion to the consumer as to the actual brand they are
purchasing. Therefore, according to the Act a trademark is infringed if:-

1. If the trademark is a copy of a registered trademark with a few additions or alterations.

2. If the infringed mark is printed or used in advertisements.

3. If the infringed mark is used in the course of trade

4. If the mark used is so similar to a registered mark that it is likely to confuse or deceive a
consumer when selecting a category of product.

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In case of infringement of a registered trademark, the person may file a suit for damages. For
filing such a suit the following conditions must be met:
1. The person filing the suit (plaintiff) must be the registered owner of the trademark.

2. The person who is infringing (defendant) must be using a mark that is similar to that of
the plaintiff such that it can easily be confused as one another.

3. Such use by the defendant is not accidental in nature.

4. The use of the mark by the defendant must be in the course or similar goods or services
to that which the trademark is registered to.

4. Classification of Trademarks

Section 7 of the Trademark Act, 1999 requires the classification of trademark according to the
international classification of goods and services. There are a total of 45 classes goods and
services may fall under in such a classification. The international classification system used is
called the Nice Classification (NCL), it was established in 1957 during the Nice Agreement.
According to the NCL, there are 45 classes under which goods and services fall. Classes 1 – 34
are for goods and the classes 35 – 45 are for services.

5. Opposing a Trademark Registration

The members of the public are given the opportunity to oppose the registration of a
Trademark during its registration process. The person filing the opposition of registration
maybe anyone, it could be a customer, competitor or any member of the public. In the
process of registration of a trademark, the mark will be advertised in the Trade Mark
Journal, upon this advertisement anyone can file an opposition to it during a period of three
months. This period of three months may be extended by no more than one month in special
cases. The filing of the opposition has to be done at the Trademark Registrars Office and not
at the Intellectual Property Appellate Board (IPAB). While filing an opposition, one must
include the following:

1. Details of the trademark application against which opposition is being filed.

2. Details of the earlier mark that the registering mark is infringing upon. It could be an
already registered mark or a mark that is still undergoing its registration.

3. Details of the filing party.

4. Grounds upon which such opposition is based on.

ROOPA HM, Asst Professor, Dept of MCA, RNSIT Page 15