IP for newbies

Frequently asked questions

What is a trademark?

Any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to indetify and distinguis the goods of one manufacturer or seller from goods manufactrured or sold by others.

What is a copyright?

It grants an exclusive right to the authors of “original works of authorship,” both published and unpublished to copy and distribute its creative work, usually for a limited time. A copyright protects a tangible form of expression rather than the idea or subject matter itsel 

What is a patent?

The right to exclude others from making, using, offering for sale, selling, or importing the invention

What do I have to do to get copyright?

Nothing, just create an original work. An author gets the copyright on its work the moment it is created

How do I know what classes I need to protect my brand?

You should get your trade mark registered in relation to all goods and services that you offer currently and intend to offer in future.

Is it necessary for me to register my mark?

It is not necessary to register your trade mark, especially because Indian
law grants superior rights to the first user as opposed to first to register. Contact
Dodd & Co. to know more.

If I create a work while being employed, who owns the copyright then?

It will depend on your contract with your employer. Usually, if the work has been created in the course of your employment, then the copyright vests with your employer.

My picture is being used without my permission. Is that allowed?

No third party can use your picture without your consent. Contact Dodd & Co. to know your options

What is the © symbol? Do I need to include it in my work?

Though not mandatory, many right owners include the symbol © as a highly visible way to emphasise that that work is protected by copyright and that all rights are reserved, as opposed to a less restrictive licence.

Do I need to authorization to use a work protected by copyright?

In general you always need authorisation. Depending on the kind of use, we can advise you further on whether you need an authorisation or not.