Monthly Archives: March 2016

Patent Database from worldwide countries.

1.P ATENTS-COPE – (WIPO) : http://www.wipo.int/patentscope/en/

2. PatFT – United States Patent and Trademark Office (USPTO) : http://www.uspto. gov/patent

3. Espacenet – European : https://www.epo. org

4. JplatPat – Japan : https://www.j-platpat.inpit.go.jp/web/all/top/BTmTopEnglishPage

5. SIPO – China: http://english.sipo. gov.cn/  http://www.pss-system.gov.cn/sipopublicsearch/ensearch/searchEnHomeIndexAC.do

6. INP AIRS – India : http://ipindiaservices.gov.in/patentsearch/search/index.aspx

7. DEPATIS – Germany : https://depatisnet.dpma.de/DepatisNet/

8. AusPAT – Australia : http://pericles.ipaustralia.gov.au/ols/auspat/

9. CPD – Canadian Patent Database : http://www.ic.gc.ca/opic-cipo/cpd/eng/introduction.html

10.Czech Republic: http://www.upv.cz/en/client-services/online-databases/patent-and-utility-model-databases.html

11.EAPATIS – Eurasian Patent Organization (EAPO) : http://www.eapatis.com/ensearch/

12. Finland : http://patent.prh.fi/patinfo/default2.asp

13. Ireland : http://www.patentsoffice.ie/en/patents_searching.aspx

14. IPONZ – New Zealand : http://www.iponz.govt.nz/cms

15,KIPRIS – Korean Intellectual Property Rights Information Service : http://eng.kipris.or.kr/enghome/main.jsp

16.IPOS – Singapore : https://www.ip2.sg/RPS/WP/CM/SearchSimpleP.aspx?SearchCategory=PT

17.Industrial Property Office of Slovak Republic  : http://data.indprop.gov.sk/Patenty/index.php

18.Slovenia Intellectual Property Office (SIPO): http://www2.uil-sipo.si/dse.htm

19.Swissreg – Switzerland :  https://www.swissreg.ch/srclient/faces/jsp/start.jsp

20.IPSum – United Kingdom : https://www.ipo.gov.uk/p-ipsum.htm

21.IP .com: http://ip.com/

22.MAREC – Information Retrieval Facility: http://www.ir-facility.org/prototypes/marec

23.Patents.com: http://www.patents.c om/

24.Google Patents: http://www.google.com/advanced_patent _search

25.Free Patents Online: http://www.freepatentsonline.com

26.Thomson Reuters : http://thomsonreuters .com/en/products-services/intellectual-property/patent-research-and-analysis.html

27.Questel – Orbit.com: http://www.qpat.com/#WelcomePage

28.MineSoft -PatBase : http://www.patbase.com

29. ProQuest DialogTM: http://www.proquest.com/products-services/ProQuest-Dialog-Patents-Collection.html

30.Science and Technical Network (STN): https://www.stn.org/stn/ & http://www.cas.org

31.Equerion : http://www.lexisnexis.com/en-us/products/total-patent.page

32.PatSeer : http://patseer.com/

33.Molecular Connections Patent Information Retrieval System – MCPaIRS: http://www.mcpairs.com/app/

Source:

  1. Patent Database: Their Importance in Prior Art Documentation and Patent Search,  Vikram Singh, Kajal Chakraborty, and Lavina Vincent, (NISCAIR-CSIR, India, 2016)

News story: Intellectual Property training courses

Updated: Enforcement training courses added.

Courses available include: Introduction to enforcement of intellectual property (IP) Rights, IP enforcement Masterclass and criminal IP law and private prosecutions

These courses provide a practical understanding of the latest developments in IP law. Whether you are new to IP or looking to refresh your knowledge, these courses will be ideal for you. They are open to both public and private sector representatives. This courses are particularly suitable to law enforcers such as Trading Standards and private prosecutors.

See
Intellectual Property in Practice
(PDF, 110KB, 2 pages)

for relevant information on all the course dates currently available and how to book.

Numbers are limited so please book early to avoid disappointment.

Source: UK IPO News

USPTO’s National Summer Teacher Institute – Bringing Innovation to the Classroom

Guest blog by Russ Slifer, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office (USPTO)

Teachers across the country have until April 18 to apply for the U.S. Patent and Trademark Office’s (USPTO) 3rd annual National Summer Teacher Institute—an exceptional opportunity  for teachers to garner additional skills in innovation, “making,” and intellectual property, to incorporate into their classrooms.

The institute will be offered in collaboration with Michigan State University (MSU) in East Lansing from July 17-22, 2016. Fifty elementary, middle school, and high school science, technology, engineering, or mathematics (STEM) teachers will be selected to participate, and they will explore experiential training tools, practices, and project-based learning models to help foster skills and motivation for innovation.

Speakers and hands-on workshop instructors will include experts from the USPTO, faculty from MSU, noted scientists and engineers from the Science of Innovation curriculum, and representatives from other federal government agencies and non-profit organizations.

Invention projects provide a practical experience for participants to understand concepts of intellectual property in the context of STEM. Teachers will have access to maker spaces on the campus of MSU during the institute and are encouraged to take ideas and lessons learned back to their own classrooms. The program is designed to help teachers enhance student learning and outcomes, while meeting the rigors of common core and next generation science and engineering standards.

Steve Bennett,  an 8th grade engineering and technology teacher at a middle school outside of Houston, participated in the teacher institute in 2014 and served as a teacher ambassador in 2015. Bennett stated the teacher institute was the best summer experience he has had as an educator. He learned about the patent process, how to teach his students about it, and activities to use in the classroom such as making a microscope from a simple laser pointer.  Along with the tools and techniques to inspire intellectual property and innovation in his curriculum, Bennett said it’s the connections he made at the institute that help continue to drive him professionally. He’s met more than 60 teachers across the country who he continues to collaborate with and share ideas with. He now works with other schools and universities to promote STEM teaching programs, activities, and events. “The teacher institute opened up a whole new world for me,” he said. “The USPTO’s program can be used for any subject, and I recommend it for any teacher.”

Requirements for the USPTO’s National Summer Teacher Institute include three years of teaching experience and a commitment and willingness to take what they learn back to classrooms to help inspire a new generation of innovators. Teachers are chosen from across the country, and will have travel and lodging expenses covered if they live more than 50 miles from the venue.

Source: USPTO

Have you received objection letter during trademark registration, under Section 11 and Section 12 of the Trademark Act 1999, Trademark Rules 2002.

Trademark objection letter dom IP office

similar mark result

In trademark registration it is quite obvious that many individual  applicants may skip the procedure for doing a prior search of the word mark, before making an application with the trademark registry. A trademark search, under the public search link should be conducted by applicant, not only in the single class, but also under other classes than the one class the applicant is interested,  trademark might exist in other relevant classes. It helps to check,  if there are similar marks registered by parties.

Especially, 50 % similarity is highly possible if word mark  are constructed with common names, and generic words. Probably, deceptive or similar marks might exist. Because, most human being thoughts are quite same to a quite extent.

Well, what happens, if an individual applicant does not conduct a prior trademark search and stills files a mark. Then, there is a high probability that the trademark registrar would send an objection notice for the similarity issue. Because, the general tendency in that most marks are based on generic and common words used by individuals. If so, the registrar of trademark would seek a representation from the applicant on the account of Section 11 and Section 12 of the Trademark Act, 1999

For example, the objection would say…

The Trademark Act, 1999 and Trade Mark Rules 2002 and the trade mark applied for is open to objection under the following sections :

1) The Trade marks -which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from these of another person; which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or the characteristics of the goods or service;

2) The trade Mark application is open to objection on relative grounds of refusal under section 11 of the Act because the same/similar trademark(s) is/are already on record of the register of the same or similar goods/services. The detail of similar trademark is enclosed herewith

Same as provided in Sec.12, a trademark shall not be registered if, because of its-identity with an earlier trademark and similarity of goods or services covered by; the trademark; or its similarity to an earlier trademark and the identity or similarity of the goods or services covered by the trademark.

Hence the application is liable to be refused. Accordingly, you are requested to submit your response/submissions, if any, along-with supporting documents and receipt of this examination report or you may apply for a hearing.

Please note that if no reply is received or request for a hearing is applied for within the time of one month, the said application shall be treated to have been abandoned for lack of prosecution under the Trademark Act 1999 and there after the status of application in the computer database shall reflect as abandoned.”

Having received such objection letter from the trademark office, it is advisable that following procedures could be followed to get the applied mark to your rights.

– Do a trademark search with all relevant classes of goods/services and generate a report
– Identify, how many objections, oppositions, abandoned and registered categories are there in the reports
– If you find your mark similarity to any of the section, your strategy of reply should differ. (For example, If there are many objections, it is highly possible that chances of getting your mark would be challenging.)
– Be determined to justify that your trademark conception  is constructed based on your product and market, where your goods/services are sold.
– Within specified time, send a reply to the registrar with the a help of a trademark attorney.
– Await for the reply/action/response.
– Based on the reply, you shall decide to apply for hearing.
– Upon the result of the hearing, the mark might face yes or no reply. If yes, it would proceed for publishing, if no,  you should modify your mark at the earliest.

However, do keep in mind that, even if the register accepts your mark application based on the reply/hearing, you could expect a opposition/litigation from the owners of similar trademark once after it is published for public view.

Hence, always take an expert advise for an amicable process of owning your trademark and successful registration. Of course, do preliminary work, before deciding your mark.

Good luck with your Trademark rights.

Article written for the IP -Blog by Devarajan G – Trade Mark Attorney. PGN WISSEN & CO

Case Scenario :

super example

The attached report is a result of mark “Super”, which resulted 800+ marks filed. Out of which, around 650 marks are either abandoned, refused, objected, opposed. That reflects nearly 70 % mark applications are filed without prior search or a preliminary advice obtained from the Trademark Attorney, which should not be neglected.

Should I Hire an Attorney to Help Me File My Trademark Registration? – https://t.co/t1RCCXPY1D

Trademark

time, normally 5 years in most jurisdictions. In the case of a trademark registration, failure to actively use the mark in the lawful course of trade

United States trademark law

trademark registration rules. The Lanham Act grants the United States Patent and Trademark Office (“USPTO”) administrative authority over trademark registration

Trademark filing in Chennai

Photo courtesy nic.in : Indian Patent Office, Chennai PGN & WISSEN offers services for the trademark registration and legal services with the Trademark registry Chennai. If you are  a new startup or a company already into business for a long period. The first process of starting a business always begins with the …
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