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This common term IP is short for Intellectual Property, which refers to property rights arising from works of the mind. Such works are not inherently tangible, like real estate and personal property. IP are fundamentally based on ideas, knowledge and ingenuity. IP may include Trademark, Patent, Design, Copyright, Know-How, Trade Dress and Trade Secret.

Few opportunities have existed for Trademark & Patent Attorneys to offer legal services in Trademark Law & Patent Law. A field of law that often demands attorneys to be equipped with both legal and technical knowledge so as to assist in IP matters which enable clients for satisfaction of their IP protection.

A trademark is a source identifier. It can include word, name, symbol, numeric, signature, device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods.

Trademarks are also important because they serve as symbols of quality assurance and goodwill associated with a particular company’s product or service. The quality assurance function requires the trademark owner to maintain consistent quality standards so that the consumer gets what he or she expects. Correspondingly, trademarks serve as symbols of good will because they help to ensure a producer that it, and not an imitating competitor, will reap the financial, reputation-related rewards associated with a desirable product being marketed and sold under a certain brand name.

Before filing an application for a trademark registration, it is advisable for applicants to first conduct a trademark search to identify potential conflicts that might arise as a result of their adoption and use of a desired mark.

A search is also beneficial because it outlines the likely scope of protection available for the mark. If a search reveals numerous references to similar marks for similar goods or services, for example, then the proposed mark may be considered weak and the scope of protection narrow. In such circumstances a trademark search carried out and opined by skilled Attorney / Advocate helps to determine the potential level of difficulty associated with building brand equity in the mark moving forward.

Registration of Trademark is prima facie evidence before court of laws, in case of if someone imitated the mark with a view to passing off their goods or services as that of yours or infringed lawful rights conferred in your preexisted trademark in the market. That could be solved with the highly skilled Attorney / Advocate who is having adequate knowledge of IP matters. More benefits -

• Nationwide rights to the mark

• The right to bring suit in court of laws

• Prima facie evidence of continued use since the filing date of the application

• Prima facie evidence of the validity of the registered mark and registration, the registrant’s ownership of the mark, and the exclusive right to use the mark in commerce in connection with the specified goods or services

• Statutory remedies, such as damages and criminal penalties in counterfeit cases

• Constructive notice of the registrant’s claim of ownership of the mark

• The right to use the symbol ® next to the mark

• The right to registration abroad based on registration in India.

A Patent is an exclusive right granted to a person who has invented a new and useful article or an improvement of an existing article or a new process of making an article. The exclusive right is to manufacture the new process of making an article invented or manufacture an article according to invented process for a limited period.

Trademark means words or symbols that identify and convey a business to the public.

Patent means rights granted to the patentee to exclude others from “making, using, offering for sale or selling” the invention.

Design means rights conferred exclusive right to the Shape, Configurations, Pattern, Ornamentation or composition of lines or colour applied to any article. But Design does not include any mode or principle of construction or anything which are mechanical device as well as it does not include any Trademark or any Artistic Work.

Copyright means provided protection to authors of “original work of authorship” of Artistic work, Literary work, Dramatic work and Cinematography work and are to be registered by Indian Copyright Office.

If someone based overseas has infringed your IP rights in Canada, it is possible for you to send the infringer a letter of demand, or to sue the infringer in Canada with the help of IP Attorney or Advocate based in India.