Frequently Asked Questions
Monetizing your ideas requires due diligence and an in-depth information so your global brand doesn’t falter.
Hence, we at Nicomedia IP Legal Associates LLP believe every client must receive clarity before seeking professional services .
Design Rights
A registered design is the appearance of the whole or a part of a product . This may constitute , shape , drawing , web design, logos, icons, lines, colours, texture and/or materials of the product itself and/or its ornamentation.
Almost every industrial or artisanal design is eligible for design protection.
International filing of Design Rights is administered under the , Hague Agreement . Presently, there are 79 member states providing them a single window mechanism for registering a design in several countries .
Want to register a design internationally ? Schedule your first free appointment with us.
Patents
To have a patentable invention your invention must meet a list of criteria’s for example:
- the subject matter of the invention.
- Practical utility of your invention
- Novelty of your idea
- the invention shall not be trivial or obvious and more.
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You can acquire a patent in 3-5 years from the date your application is filed and it is granted for 20 years.
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Absolutely! You can not only file your patent in multiple countries but it can also be done in multiple languages . Basis your requirement , we recommend filing an international application under the Patent Cooperation Treaty (PCT), administered by the World Intellectual Property Organization (WIPO).
Patents are the shields of an inventions. However, these shields cannot protect your ideas, thus ideas cannot be patented. Therefore , in order to shield your patent our team’s main task is to create the patent claims providing a protection as widely as possible while considering the prior art searches.
Patent cost framework consists of two parts: the official fees and the professional service fees.
For the process we recommend PCT (Patent Cooperation Treaty) Method for filing your application directly with the International Bureau (IB) of World Intellectual Property Organization (WIPO) , in English . This method gives your invention market access to 155 contracting countries
For local/country specific official fee to patent cost would vary where you may choose your region of choice .
Get a preliminary quote for our patent services .
No, unless you have already submitted your patent application a year before. A pre-requisite to this condition is that you publish your patent application before the subsequent filing . Hence many IP offices worldwide; offer a grace period that varies according to jurisdiction. For example, in Europe the grace period for abusive disclosures or disclosures at exhibitions is 6 months and in India, UK and US it is 12 months .
Want To Report An Infringement ? Get in touch today
Trademarks
Yes, if you are a legal entity incorporated with your country’s national corporate affairs or trade institution. To acquire a trademark for home -based business or as an entrepreneur it is mandatory for your business to be a legal entity.
Need assistance in business incorporation . Book your first free appointment , today.
The International Classification of Goods and Services (NICE Classification) is an international classification that groups goods and services into thematic classes for the purposes of the registration of trade marks.
Registering your trademark is a complex procedure that involves your application moving through various stages. Hence, basis your country and desired territory of operations; a trademark application can take between 6-12 months.
Looking to trademark your brand. Get a preliminary quote.
Yes, as a legally trademarked entity if your creative label or your brand are not in use then your trademark is revoked or is considered abandoned ; hence open for sale . Criteria’s of revocation in such a situation varies from county to country.
Worldwide government’s have strict rules on trademark squatting . Hence, it is mandatory to operate your business in order to qualify for an active trademark.
Is your brand eligible for a trademark? Get a trademark search now
An online search is surface information . In legal practices there are hosts of conflicting rights which do not exist in the public domain and do not eliminate the possibility that there exists conflicting rights. These information might obstruct the registration of your trademark.
You can go ahead and file for your trademark without search reaching upto the registration stage. However, registration stage does not guarantee acceptance . In situations of opposition your application will be withdrawn from the process and your brand will incur additional legal costs for mediation with the opposition.
Copyrights
As a copyright owner you have the exclusive right on trade or commercial rentals for your artworks. However, you cannot claim ownership on distribution once you have made a sale.
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If you want to commercially use a piece of creative work , you are legally required to seek permission from the copyright holder; acknowledging is not enough. Be mindful , who the owner of copyright is , sometimes original creators are not the copyright holders but their agencies , record labels or producers, are .
Someone is misusing your creative work , get in touch with our legal team .
Yes, if your country in a signatory with the Berne Convention. While copyright laws are territorial , signatories to the Berne Convention recognise transnational copy rights of works from other signatory countries . Presently, there are 181 members ; some of which are , Australia , India, Germany, Singapore , UK and USA etc.
If no objection arises during your application examination process it can take between 3- 6 months to acquire a copyright.
Want to apply for a copyright . Book your first free consultation appointment with us .
IP Due Diligence & IP Valuation
IP due diligence is performed in the following contexts:
- Merger and acquisition or joint ventures: To provide a basis for risk and value assessment of relevant IP assets .
- Financial transactions: To determine the impact of IP assets on IP related financial transactions such as stock purchasing, security interests, initial public offerings, etc.
- IP assignments and IP licensing: To provide verification services about the existing IP portfolio, to internal business stakeholders.
- Launching of a new product or service: To evaluate any possible infringement risks or freedom-to-operate issues .
- Bankruptcy and Layoffs: To secure the IP rights in case of bankruptcy, employee layoffs, etc.
Yes, we serve our clients with wide range of services around corporate law and go-to market strategies , that help your business in a new geographical market.
Additionally, we work with our international partnered law firms to assist your business with specialized services with respect to the law of the land.
You can find out more about our services HERE
Yes, we offer due diligence services for corporates that seek business expansion, new category / innovation development, or other possible requirements. Some of our , offerings include business consultations, legal research & analysis , Freedom-To-Operate facilitations for businesses, IP audit /forecasting and many more.
General
If you believe someone is infringing your registered IP rights, you should immediately get a IP Law expert on board . A legal expert will advice you on the grounds and requirements that fulfill legal mandates to guard your rights as well as assist you in collecting evidence.
Want to report an IP infringement . Book an appointment today
We offer a fixed price structure on case-to-case basis that works well for many of our clients , including artists with more modest resources.
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At Nicomedia IP Legal Associates, we understand that investing in intellectual properties are arduous task for many upcoming businesses . However, we think of it as stepping stones to giving a longevity to your business purpose. While a universe of new brands , artists and SMEs exist in the market , only those few thrive who invest in building long-term asset structures and producing solutions for their institution’s credibility.
Hence, we do not believe in merely offering run of the mill legal IP solutions but also work with you as close aides . Those who help you protect your legal rights and guides you on ways to monetise your ideas and growth strategies.
Besides, we can also assist you :
Identifying all of your IP assets to defend you with unfair claims against you or your business.
Develop due diligence models for your corporate IP assets structurers ;worldwide
Protect your designs, brand domain , creative works, inventions and confidential IP assets information.
Develop monetising models for your IP assets through growth strategies such as licensing etc.
Help you in IP rights transfers and acquisitions.
Investigate and resolve IP infringements.
Represent you in legal proceedings.
Contact Numbers:
India: +918901889439
Germany : +491705218918
Email :