According to trademark laws, a trademark application is required to be filed in one or more TM classes. Therefore, before filing a trademark application, it is necessary to identify the classes in which you wish to seek protection for your trademark. This article will try to enlighten you about various trademark classes, and how to select the classes relevant to your trademark?  Usually, the thumb rule is to file a trademark application in the relevant classes of current goods/services as well as in classes where there is intended to be used.

What is the need of having TM classes?

The Trademark Rules 2002 divide the goods and services into 45 classes. The purpose is to facilitate registration of trademark for only that class of goods or services for which the registration is required. A single application with prescribed fee serves the purpose for filing under as many classes of goods and services as one chooses to. For every class added in the application, an additional fee needs to be attached. However, it is suggested to file multiple applications, with each application covering a particular class.

Are the TM rights restricted to the classes in which the TM is registered?

In accordance with the object behind classification by the trademark rules, protection of trademarks rights are certainly restricted to only that class or classes in which application (s) has/have been made. However, an application filed for one or more classes can later be amended to add any other class/classes. Even if the registrar finds that the application prescribing goods or services fall in categories in addition to those which have been applied for, he may under rule 25 (19) of the Trademark Rules, 2002—

  • Restrict the specification of goods or services to the class or classes specifically applied for, and/or
  • Require the applicant to amend the application to add additional class or classes on payment of appropriate class fee and divisional fee.

Listing of all TM classes

The various TM classes under the fourth schedule to Trade Mark Rules, 2002 are reproduced as below. The list will make the selection of classes easier.

For Goods

Class Name Class Description
Class 1 Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry
Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists
Class 3 Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices
Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks
Class 5 Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides
Class 6 Common metals and their alloys; metal building materials;transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores 
Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs
Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors
Class 9 Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus
Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials
Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes
Class 12 Vehicles; apparatus for locomotion by land, air or water
Class 13 Firearms; ammunition and projectiles; explosives; fire works
Class 14 Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments
Class 15 Musical instruments
Class 16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks
Class 17 Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
Class 18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery
Class 19 Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal
Class 20 Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics
Class 21 Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
Class 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials
Class 23 Yarns and threads, for textile use
Class 24 Textiles and textile goods, not included in other classes; bed and table covers
Class 25 Clothing, footwear, headgear
Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
 
Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)
Class 28 Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Class 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats
Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice
Class 31 Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt
Class 32 Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Class 33 Alcoholic beverages(except beers)
Class 34 Tobacco, smokers’ articles, matches

 For Services

Class Name Class Description
Class 35 Advertising, business management, business administration, office functions
Class 36 Insurance, financial affairs; monetary affairs; real estate affairs
Class 37 Building construction; repair; installation services
Class 38 Telecommunications
Class 39 Transport; packaging and storage of goods; travel arrangement
Class 40 Treatment of materials
Class 41 Education; providing of training; entertainment; sporting and cultural activities
Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software
Class 43 Services for providing food and drink; temporary accommodation
Class 44 Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services
Class 45 Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals

For more details on how to register your trademark, please feel free to contact us at info@inohelp.com.

With the advent of branding and the increase in value being attached to it, the issue of protection of consumers from unauthorized violation of brands is gaining importance. Most often than not, a brand is represented by a mark, called its trademark. The trademark associates a source or quality or character of a good or service with itself. Accordingly, protecting a trademark from unauthorized use is highly warranted.

Trademarks are protected in India by the Trademarks Act, 1999 (TM Act). The TM Act defines a trademark as a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof, which is used to distinguish goods and services provided in the course of trade by a person from the goods and services provided by other person and should be capable of being graphically represented. The TM Act calls for registration of trademarks so as to make any likelihood of causing deception in a mark impermissible in law.

A trademark once registered under the act gives the trademark proprietor some very important legal rights. Firstly, the registration of trademark provides the proprietor of the trademark, exclusive rights to use the TM in relation to the goods or services. Secondly, the registration of the trademark is a prima facie proof of validity of the registered trademark. In any legal proceeding, this is highly important. Thirdly, the registration of trademark allows the proprietor of the mark to license his/her rights in the trademark to a third party. This acts as a constant source of royalty for trademark proprietors. All the franchise chains that you find around are a result of licensing of trademarks.

However, most importantly, the registration of trademark provides the proprietor with rights to prevent unauthorized use of his/her registered trademark. The prevention may be in form of injunctions (temporary or permanent stays) ordered by a court of law, or in form of damages. This remedy is not available to unregistered trademarks as section 27 of the TM Act states that no infringement action is maintainable under the TM Act against an unregistered trade mark.

In a recent case, Mahashian Di Hatti Ltd (MDH) Vs Mr. Raj Niwas, Proprietor Of MHS, the Delhi High Court restrained MHS from manufacturing and marketing any spices or condiments using the logo MHS owing to its similarity to MDH. The court held that such use is in violation of the tradeamark held by MDH. Interestingly, MDH was also awarded punitive damages amounting to Rs. 1 lakh against MHS. In another landmark judgment, Hero Honda Motors Ltd. Vs Mr. Laxmikant Patel And Anr., the Delhi High Court allowed Hero Honda to take infringing goods of the deceiver and destroy those goods. A huge penalty of Rs. 5 lakh was also charged for the infringement of trademark protected in favour of HERO HONDA. There are myriad examples in trademark jurisprudence in which the trademark proprietors have successfully and easily got stays or received punitive damages from courts of laws in case of violation of their trademark rights. Trademark disputes are treated differently by the courts from common civil disputes, and the enforcement is relatively easy.

Process of TM registration

1.     Who grants trademark registration and under which Act?

A trademark is granted by the Registrar of Trademarks, an appointee under the TM Act. For getting a trademark granted, an application is made in a prescribed manner. The application is addressed to the Registrar, and is filed with the office of the Trademark Registry. The Trademark Registry has its head office at Mumbai and also functions through 4 more offices in Delhi, Kolkata, Chennai and Ahmadabad.  Each office has a specific jurisdiction, and the following table describes their details:For registration an application is required to be made to the Registrar. For filing new applications there are prescribed forms depending on the nature of the application such as Form TM-1, TM-2, TM-3, TM-8, and TM-51 etc.

2.     What happens after submitting a trademark application?

An application can be filed for as many numbers of goods and services as mentioned in schedule IV of the Trademark Rules. These are called classes and the trademark register with the registrar notes under which class/classes a trademark has been registered.

After submission of an application the various stages it goes through are as follows —

1. Acceptance

2. Advertisement

3. Opposition, if any

4. Correction and amendment, if opposed

5. Registration

3.  How Long Does it Take for the trademark to get registered?

From start to finish, the time taken for registration of a trademark is normally 12-18 months.  Whereas if an application is rejected at any stage within registration viz acceptance and opposition, an appeal to the Intellectual Property Appellate Board which is constituted at Chennai. Further from decisions of the appeal revision is possible in the High Court/Supreme Court.

4.  How to protect your trademark internationally?

Protection of trademarks internationally is done with the aid of the Madrid Protocol. A protection can be availed in all those countries to whose citizens India also provides protection. The Protocol is managed by the World Intellectual Property Organization (WIPO) and offers a trademark proprietor the possibility of having a mark protected in up to 77 countries and the European Community (EC) by filing one application, in one language (English, French or Spanish), with one set of fees, in one currency (Swiss Francs). The proprietors wishing to use the Madrid system must apply for trademark protection in a relevant national or regional trademark office before seeking international protection.  Thereafter, the international registration can be maintained and renewed through a single procedure at WIPO.

5.  Cost for Protection?

The government fees for filing a trademark application in one class of goods or services is INR 3,500/-. For each extra class added in the application an additional fee of INR 3,500/- per class is to be paid to the government. Thus if an application is filed for 10 classes of goods/services the government fee will be INR 3,500 X 10 = INR 35,000/-.

Professionals charge for the entire process or with breakup i.e. for different stages. The typical charges are around INR 4,000-7,500/- till the filing stage, or minimum INR 20,000/- for the entire process of registration, which means from filing stage to the registration of trademark.

Issues in trademark protection

While applying for trademark registration, one should be aware of some issues which are essential to be complied with for registration. Knowledge about such issues may help you in understanding whether your trademark is protectable under the TM Act. This will in turn help you in deciding whether to go ahead with the registration process.

Generally, there are two kinds of grounds for refusal suggested by the trademark Act – The Absolute Grounds (section 9) and The Relative Grounds (section 11). Based on an understanding of these grounds, the following marks may not be able to get registration under the Trade Marks Act:

  1. * A Mark which is devoid of any distinctive character ( which is incapable of distinguishing  the goods or services of  one person from that of  another),
  2. * A Mark which is likely to deceive or cause confusion,
  3. * A Mark which is contrary to any law for the time being in force,
  4. * A Mark which is phonetically similar to any existing registered  mark,
  5. * A Mark which is deceptively similar to any existing registered mark,
  6. * A Mark which is identical to any existing registered mark,
  7. * A Mark which  contains scandalous or obscene  matter,
  8. * A Mark which is likely to hurt the religious sentiments of a particular class  of the society,
  9. * A Mark which is disentitled to protection in court, and
  10. * A Mark whose use is prohibited under the Emblems and names (Prevention of Improper Use) Act, 1950.
For more details on how to register your trademark, please feel free to contact us at info@inohelp.com.

Designs are used in various distinct productions and across various business or commerce, such as handicrafts, jewelry, garments, medical devices, and engineering appliances. Works of art, such as paintings and sculptures, also have designs in the sense that the artists have decided how they will look like and have used paint and brushes or a hammer and chisel to express their artistic intent. Therefore, designs include intellectual creativity and can be considered as a type of intellectual property.

A design when applied to an article may make a product attractive and appealing, thereby adding to the commercial value of the article and increasing its marketability. Since designs may be exploited commercially, therefore, there is always a threat of imitation and copying. Accordingly, a protection of designs by law is required.

Designs in India are protected under the Design Act, 2000. Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by industrial process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of the Act is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bona fide reward by others applying it to their goods. Further, the purpose of the act is to provide remedies in case such a violation takes place.

One has to register the design under the Act to claim remedy against imitation and un-authorized copying of the designs. However, it should be noted that a design is registered under the Design Act, 2000 only when it fulfils certain criteria defined under the Act. For example, the design has to be new or original to be registered under the Act.

A successful registration of design may act as an indispensible legal and strategic business tool. Firstly, it provides exclusive rights to prevent others from copying the design on articles, for which protection has been registered. This may give a strategic monopoly to you for the article. Secondly, design registrations for your articles may act as a very good marketing tool for differentiating your articles from the articles existing in market. Lastly, the design registration provides you the right to approach any court seeking injunction or damages against any violation of your copyright on designs.

Process of Design Registration –

1.      Who grants design registration and under which Act?

The Controller General of Patents, Designs and Trade Marks grants registration of a design under the Designs Act, 2000. Any person can make an application to him who claims to be the proprietor of any new or original design.

2.      What an applicant needs to do for submitting for design application?

An application in a format as per Form-1 under sections 5 or 44 of the Designs Act, 2000 is submitted at the Patent Office. The application is accompanied by 5 copies of the design that is required to be registered. Along with the application, a prescribed fee has to be paid to the patent office for the registration process.

3.      What happens after submitting a design application?

The controller before registration of the design refers the application for examination by an examiner, who examines your application and prepares an examination report, which he sends to the controller. The controller may allow or refuse to register any design presented to him for registration based on the examination report. The grounds of refusal could be:

  • Design is not new or original
  • It has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date
  • It is not significantly distinguishable from known designs or combination of known designs
  • Comprises or contains scandalous or obscene matter shall not be registered

In case a design is refused based on the examination report a legal advice is necessary. A refusal may be challenged by responding to the grounds of objections in the examination reports. In case, the controller is still not satisfied, an appeal under section 5 sub-section 4 may be made to the High Court.

4.      Can a registered design be cancelled?

A registered design may also be cancelled under section 19 of the Act if proper application is made by a person interested before the Controller that—

  • The design has been previously registered in India, or
  • The design has been published in India or in any other country prior to the date of registration, or
  • The design is not a new or original design or that the design is not registerable under this Act, or
  • The design is not a design according to the definition of design under the act.

5.      What is the duration of registration of a design? Can it be extended?

The duration of registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date.

This initial period of registration may be extended by further period of 5 years on an application made in Form No.3 to the Controller before the expiry of the said initial period of Copyright. The proprietor of a design may make application for such extension as soon as the design is registered.

6.      International protection of designs—

India is one of the countries party to the Paris Convention so the provisions for the right of priority are applicable. On the basis of a regular first application filed in one of the contracting state, the applicant may within the six months apply for protection in other contracting states; latter application will be regarded as if it had been filed on the same day as the first application. There is no registration authority that gives you a worldwide protection of your design.

7.      Cost for obtaining Design protection—

Minimum Government fee

A sum of INR 1000/- is the prescribed fee along for making an application for registration of one single design.

Professional fess

Typical professionals may charge anywhere between INR 8,000/- to INR 25,000/- for registration of one single design.

Issues in Design Registration

There are few potential roadblocks for registration of designs. Firstly, your design may fail registration if the application of design is not made in a prescribed manner, in compliance with the procedures prescribed in the Design Act, 2000. This highlights the importance of having a specialist professional who knows how design registration works on your side.

Secondly, your design may fail registration because of the objections raised by the controller in the examination report. The controller may refuse registration on one or more of the grounds as described in section 3.3. The first and foremost thing that can be done to avoid this roadblock that is to ensure that the design is new or original before filing the design application. This can be done by conducting a thorough search in design databases. An expert in design matter usually conducts the search in PAID DATABASES, and other freely available databases.  Accordingly, a thoroughly conducted search can go a long way in understanding the register-ability of your design, and saving the future official and professional costs.

Usually, objections of the controller may be traversed by vehemently arguing against such refusal in the Response to the examination reports, especially challenging the applicability of the sections of the Act in your case. This further highlights the importance of having good professional help at your disposal. A good professional may easily counter such objections based on his prior experiences and knowledge about the Design Act and procedures established under the Act.

Thirdly, the design may face hurdles from third party oppositions. Since design registration provides monopoly to the use of design, third parties always want to raise objections on the granted design registration. Accordingly, they may make petitions for revoking your design registration with the controller. A design once registered is usually difficult to be revoked. However, you may face such hurdles during the course of your design registration. Again, considering the complexity of the matter, a professional assistance to solve such problem may serve many purposes. Usually, a well prepared design application goes a long way in negating future problems with respect to cancellation.


 The technology startup scene in India is vibrant and bright. Indian technology entrepreneurs are coming up with amazing ideas, and are converting those ideas into great opportunities. With the country being affected by myriad problems, it is believed by many that solutions to most of our problems will come from efforts of our young and intelligent entrepreneurs.

Various stake holders of our country including our governments have also realized this. That’s why one is noticing a tremendous increase in public money for the purpose of fostering entrepreneurship. Governmental schemes are willing to fund, either by way of grants or soft loans, entrepreneurs who have the ideas to benefit the society at large.

Unfortunately, the dissemination of information regarding the schemes still requires efforts. The information about the schemes percolates to only handful of the needy. The governmental efforts into information schematization and dissemination require improvements. For example, very few governmental websites exists covering topics related to entrepreneurs and entrepreneurship. Use of social media, such as FB, Twitter, Linkedin, and blogs, for dissemination of correct information is poor. However, the recent success of policing initiatives on social media shows that the use of this amazing medium can effectively solve problems of information dissemination. The governmental agencies need to shrug their indolence and embrace the medium for a bigger social cause.

Without diverting from the issue, the objective of this article is to acquaint our entrepreneurs with various funding schemes of the government. We have painstakingly compiled a list of governmental schemes for entrepreneur funding and support. The compilation is presented in the Table below, with the information classified into categories: Scheme Name, Government Agency running the Scheme, for what purpose the scheme has been started, and funding details.

S.No.

Scheme Name

Govt. Agency

For What?

Fund Details

Contact

1

Micro Technopreneurship Support for TePP

DSIR, MoST

Modeling/ Simulation

Rs. 75,000/- subject to 90% of approved project cost

Click Here

2

TePP Project Fund for TePP

DSIR, MoST

Prototyping/ Development

Maximum support under this category is Rs 15,00,000/- subject to 90% of approved project cost

Click Here

3

Seamless Scale-up Support for TePP

DSIR, MoST

Adding Product Features/ Value Addition on the product

Maximum support under this category is Rs. 45,00,000/- subject to a maximum 50% of approved project cost. Manpower costs supported will not exceed 20% of the total grant amount. Travel costs supported will not exceed 5% of the total grant amount

Click Here

4

 Supplementary TePP Fund for TePP

DSIR, MoST

Innovation to Market/ Patenting

Maximum support under this category is Rs 7,50,000/- subject to maximum 90% of approved project cost

Click Here

5

Seed Support Scheme

TDB, DST, MoST

Incubation

Grant upto Rs. 1 crore each over a period of upto three years

Mr. HK Mittal’s Office: Click Here

6

Funding Scheme

TDB, DST, MoST

Innovation to Commercialization

Soft Loan: Upto 50% of project cost  to be incurred at 5% simple interest. Repayment in six monthly nine installments

Mr. Y.S. Yadav: Click Here

7

TIMEIS

NSTEDB and FICCI

Entire Technology Development Cycle

Soft support, Consulting support etc

Ms. Swapna Das, Program Coordinator
Tel : 011-23721503, Fax : 011-23721504
Email : swapna.das@ficci.com

8

Technology Development & Demonstration Programme (TDDP)

DSIR, MoST

Innovation to Prototyping to Up scaling. Patenting. Consultancy Cost.

Generally limited to 50% of the eligible project cost

Head TPDU , Deptt. of Scientific and Industrial Research,
Technology Bhavan, New Mehrauli Road, New Delhi-110016
E-mail- rra@nic.in, nrfc@nic.in

9

SUPPORT FOR ENTREPRENEURIAL AND MANAGERIAL DEVELOPMENT OF SMEs THROUGH INCUBATORS

MoMSME under NMCP

Early stage funding for nurturing innovative business ideas (new indigenious technology, processes, products, procedure etc.) which could be commercialized in a year

Financial assistance between Rs. 4 lakh to Rs. 8 lakh per idea/unit.

Please click here for more details

10

MARKETING ASSISTANCE SCHEME

MoMSME in association with NSIC

Grant to take part in exhibitions for Marketing

Up to Rs 5 Lakh  support for attending domestic and International exhibitions

NSIC Toll Free No. 1800111955

11

FINANCIAL ASSISTANCE ON BAR CODE

MoMSME in association under NMCP

Reimbursement of Financial Costs incurred on implementation of BAR CODES on products

Financial assistance for reimbursement of 75% of one-time registration fee and 75% of annual recurring fee for first three years

Abhay Bakre
Tel: 01123061091 (Ext:2421)
Fax: 01123061430
Email: abhaybakre@dcmsme.gov.in

12

Building Awareness on Intellectual Property Rights

MoMSME in association under NMCP

Reimbursements on patent grants

Domestic Patent – 25,000/- grant
International Patent – 2.0 L grant
GI registration: 1 L grant

Dharmendra Prakash
(Tel): 011-23062119 (Ext: 2427)
(Fax) 011-23062241
dprakash@dcmsme.gov.in

13

Design Clinics Scheme for design expertise to Micro Small and Medium Enterprises (MSMEs) manufacturing sector

MoMSME in association under NMCP

Consultancy support to design problems

The Scheme reimburses 75% of the actual expenses to the Association subject to a ceiling of Rs.3 lacs

Coordinator
West Zone Centre
National Institute of Design
Paldi,
Ahmedabad 380 007
Phone: +91 79 26623692
Extn  1069
Fax: +91 79 26621167

14

International Travel Support Scheme

DST

Financial assistance for international travel for presenting a research paper or chairing a session or delivering a keynote address in an international scientific event (conference/seminar/symposium/workshop etc.)

 Full economy class air-fare by shortest route, airport-tax and visa fees are provided under the scheme.

Shri Praveen Kumar S
Scientist C
Department of Science & Technology
Technology Bhawan
New Mehrauli Road
New Delhi-110 016.
Tel: 011-26590353 / 26590221
Email :praveen at nic dot in
Email: pfa-dst at nic dot in

15

Drugs & Pharmaceutical Research

DST

Loan for drug research with a research institution

Loan amount upto 70% of the project cost.

Dr GJ Samathanam
Adviser & Head (TDT)
Department of Science and Technology
Technology Bhavan
New Delhi-110 016
Telefax : 011- 26862512
phone:011- 26590367
Email: samathan at nic dot in

16

Instrumentation Development Programme

DST

Funding for developing instruments

Up to Rs 35 Lakh sanctioned in recent projects, grant for technologists in academic institutions / soft loans or equity partnership with entrepreneurs

Dr GJ Samathanam
Adviser & Head (TDT)
Department of Science and Technology
Technology Bhavan
New Delhi-110 016
Telefax : 011- 26862512
phone:011- 26590367
Email: samathan at nic dot in

17

DIRECT CREDIT SCHEMES

SIDBI

Funding

SSIs and Service sector units with project cost upto Rs.25 crore

Contact SIDBI

18

COMPOSITE LOAN SCHEME (CLS)

SIDBI

Funding

Assistance for equipment and/or working capital as also for work Sheds

Contact SIDBI

19

SINGLE WINDOW SCHEME (SWS)

SIDBI

Funding

To provide both term loan for fixed assets and loan for working capital through the same agency.

Contact SIDBI

20

Small Business Innovation Research Initiative (SBIRI)
for Public Private Partnership

Department of Biotechnology

Early stage funding/loaning for biotech/pharma entrepreneurs and later loaning support for commercialization

Upto Rs 10 Crore, upto Rs 50 Lakh as grant and rest as soft loan

Dr. (Mrs.) Suchita Ninawe, Scientist ‘F’, Department of Biotechnology,
Ministry of Science & Technology, CGO Complex,
Block – 2, 6-8th floors, Lodi Road, New Delhi-110 003.
Email: sninawe@dbt.nic.in

21

Angel Funding by NRDC

NRDC

Angel Funding

Rs 10 Lakh to Rs 30 Lakh

Click Here

22

The Invention Promotion Programme

NRDC

Funding for technology development, IPR and commercialization

Upto 2 lakh

Click Here

About Us

We are an emerging Intellectual Property (IP) service company that specializes in serving the IP needs of inventors, technology entrepreneurs and business owners by protecting inventions, designs, trademarks, copyrights, trade secrets, and other valuable intellectual property assets. We also work closely in association with foreign IP attorneys, who help us in securing our client’s IP in their respective jurisdictions at an affordable cost. We strongly believe in providing service to all, irrespective of their size. We encourage academics, individual scientists and entrepreneurs who are starting from scratch, to approach us. We understand the constraint and limitations of each client and customize our fee structure accordingly.

It seems Kunnath Pharma, manufacturer of anti impotency drug Musli Power Xtra, has invested quite a lot on advertising the drug. Musli advertisements can be seen everywhere these days: on electronic displays at metro stations, huge billboards, and hoardings in sporting events. In fact, Musli Power was the “official health licensee” at the recently concluded commonwealth games.
Though Musli advertisements might appear to be stereotypical in many ways, one thing about the advertisements is distinct. The advertisements overwhelmingly use patent notices as a means to highlight the credibility of the product. 
The patent laws allow a patent holder (or a patentee) to imprint or stamp or engrave the words: “patent”, “patented”, “patent pending”, “patent applied”, or any other similar word/ words on products for which a patent has been granted or applied for in India. Therefore, companies either engrave or imprint or stamp the patent words on packaging or marketing materials of their products, or take out a public notice in newspapers informing the public regarding the inherent rights in the product.
The objective of patent notices is two fold. Firstly, it informs the public about the rights of the patentee on the product, and acts as a legal warning to imitators. Secondly, it allows the patentee to highlight that the product is novel. The patent laws also prohibit fraudulent use of such notices to protect consumer interest. For example, the patent laws specify a penalty of upto INR 1 Lakh for any fraudulent use of these patent notices with respect to any product. The patent laws also prohibit the use of such notices for any product for which the patent has expired its term or lapsed.
The example of Musli Power in using patent notices in advertising is just a discernible one. More and more companies are seemingly adopting a ‘patent and advertise’ policy. Somany Tiles, a leader in ceramics industry, has been actively marketing its VeilCraft (VC) Shield technology, for which a patent was granted by the  Indian Patent Office (IPO) last year.  Somany’s Commercial, airing frequently on television prime time, highlights the strength of the tiles by associating the “patented” word. Few years back, Eureka Forbes did an extensive campaign regarding its patented RO device.
It seems that Indian companies have finally realized the potential of using patent notices as an effective means for capturing consumer trust in their products. And, why not? Obtaining a patent after all is not an easy proposition. It involves years of research from inventors/product developers to develop something novel, and then facing a stringent  patent examinationprocedure, which may involve facing numerous oppositions from the patent office/competitors regarding novelty and other parameters of the product.
However, the most important change in mentality of the Indian companies seems to be their openness in associating with the “P” word much more comfortably. Gone are the days, when associating patent with a product meant being party to monopolistic philosophies of the west. Gone are the inhibitions of the past, when patents were seen as an exploitative tool in the hands of foreign companies for exorbitantly increasing prices of drugs, making affordability of such drugs a bane for the consumers. The Indian companies are slowly but surely understanding the worth of patents, and using patent notices as a reliable trust building measure in consumers.
The use of patent notices on products is welcome, however, companies should be wary of misleading the public by such notices. This particular patent notice (accessed here), published in Times of India, exemplifies the point I am trying to make. The patent notice is guilty of misleading the public on two counts. Firstly, it states the patent applicant to be entitled to manufacture and sell the listed device based on the patent application. This is patently incorrect, as just on the basis of a patent application no such rights accrue. The rights only accrue on the applicant, once the patent has been granted by the patent authorities. Secondly, patents provide only exclusionary rights to the patent applicant to prevent others from manufacturing or selling a patented product, and do not provide any exclusive rights to the patentee to manufacture or sell the product. It is a well established fundamental of patent law, that even if a patent has been granted, the patentee CAN NOT exclusively manufacture or sell the device until he/she is sure of not violating third party patent rights.
Now the problem is that though the patent laws provide penal liabilities on companies fraudulently using the patent notices, there is a lacuna in patent law regarding misleading patent notices. I am not commenting on whether other remedies exist to account for such misleading notices. In patent laws there seem to be none. Therefore, the regulation of content of patent notices solely rests in the hands of the patentee, and the companies should try to use patent notices constructively rather than using them as a means for misleading the public regarding the nature of rights existing in their products.

Kshitij Malhotra
Inohelp Consulting Solutions Pvt. Ltd.

The change in the mindset of off-patent drug manufacturers, or generic manufacturers, is paying rich dividends. Recent reports suggest that an Venus Remedies Ltd, a Chandigarh based company, has received a patent from the Indian patent office on a Novel Injectable Aceclofenac Formulation. The company has also received a patent from the European Patent Organization (EPO) for its anti-infective product, ”Sulbactomax”. The firm is now negotiating licensing deals with multinational pharma giants for the anti-infection product.
On the other hand, Bangalore based drug maker Avesthagen Ltd has received a ‘process’ patent for an arthritis drug. The arthritis drug is a bioequivalent of Amgen’s blockbuster medicine Enbrel that is used to treat rheumatoid arthritis. The company is planning to launch the drug by June 2012. However, the company says that it has no plans to manufacture drugs, and would outsource it while focusing on developing drugs.

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The most important patent success story comes from Ahmedabad based pharma company, Troikaa Pharmaceuticals Ltd. The company has recently received a patent for ‘Dynapar AQ’, a diclofenac or painkiller injection, from the CIS countries CIS countries include Ukraine, Kazakhastan, Belarus, Uzbekistan, Turkmenistan, Kyrgyzstan, Russia among others. This is after the drug has gotten patent approval in Australia, and is awaiting patent approvals in US and Europe. Reportedly, the company has spent `3 crore on the patent protection endeavor.
All this comes after the latest media report estimates that in 2008-09, Indian companies such as Dr Reddys, Ranbaxy and Cadila Healthcare had filed over 500 applications with the Indian Patent Office. Others such as Natco, Sun Pharma, Wockhardt and Cipla have also sought patent for key drugs.
Inohelp Consulting Solutions Pvt. Ltd.
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