{"id":10268,"date":"2022-08-15T08:53:17","date_gmt":"2022-08-15T08:53:17","guid":{"rendered":"http:\/\/localhost\/theme_powerlegal\/?page_id=10268"},"modified":"2026-04-07T11:13:19","modified_gmt":"2026-04-07T11:13:19","slug":"help-faqs","status":"publish","type":"page","link":"https:\/\/shyamamrit.com\/arghya\/help-faqs\/","title":{"rendered":"FAQ"},"content":{"rendered":"\t\t
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\n \n TRADE MARKS <\/span>\n <\/h2>\n\n <\/div>\n<\/div>\n\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\r\n What is a trademark and what can be registered? <\/span>\r\n <\/div>\r\n
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A trademark is your brand identity, which can include your business name, logo, tagline, or even a distinctive product name.<\/p>

Registering a trademark gives you exclusive rights over that identity and prevents others from using something confusingly similar in the same line of business.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n

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\r\n How do I check if my trademark is available? <\/span>\r\n <\/div>\r\n
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A basic search can be conducted on the government database. Still, availability is not always straightforward and requires a thorough clearance search, including common law searches on popular web platforms such as Google.Our firm\u2019s detailed clearance search includes phonetic similarities and industry overlap to assess the actual risk of objection or opposition before filing.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n

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\r\n How long does trademark registration take in India? <\/span>\r\n <\/div>\r\n
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In most cases, it takes 12\u201318 months<\/b><\/strong>\u00a0for the registration certificate to be issued by the Trade Marks Registry, provided there are no objections or oppositions.<\/p>

However, you can start using the \u2122 symbol immediately after filing, and your mark may be accepted and advertised within 8\u201312 months<\/b><\/strong>, provided no objection is raised by the Trade Marks Registry.<\/p>

Please note that the applicant also has the option to expedite the registration process<\/b><\/strong>\u00a0by filing a request for expedited examination with the Trade Marks Registry.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n

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\r\n What is the difference between \u2122 and \u00ae?<\/span>\r\n <\/div>\r\n
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The \u2122 symbol can be used once you have decided to use the mark as a brand, and there is no need to wait for a formal registration.<\/p>

The \u00ae symbol can only be used after your trademark is officially registered. Using \u00ae without registration may attract penalties.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n

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\r\n What happens if my trademark faces an objection or opposition?<\/span>\r\n <\/div>\r\n
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An objection is raised by the examiner during review of the application, while an opposition is filed by a third party after acceptance and advertisement of the trade mark in the Trade Marks Journal.Both situations are manageable with a proper legal response. We assist clients in drafting and filing detailed replies and represent them through the process.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n

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\r\n Can I file a trademark application myself?<\/span>\r\n <\/div>\r\n
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Yes, the process is accessible to the Applicant\/brand owners as well. However, many applications face objections due to incorrect classification, similarity issues, or procedural gaps.<\/p>

Professional assistance significantly reduces these risks and improves the chances of smooth registration.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t <\/div>\r\n <\/div>\r\n \t\t\t<\/div>\n\t\t<\/section>\n\t\t

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\n \n COPYRIGHTS <\/span>\n <\/h2>\n\n <\/div>\n<\/div>\n\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\r\n What kinds of works can be protected under copyright?<\/span>\r\n <\/div>\r\n
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Copyright protects original creative works such as literary content, artistic works, designs, music, software, and website content.It does not protect ideas, but the expression of those ideas in a tangible form.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n

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\r\n Is copyright automatic in India?<\/span>\r\n <\/div>\r\n
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Yes, copyright protection exists from the moment a work is created.<\/p>

However, registration serves as strong legal evidence of ownership and is highly recommended in case of disputes.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n

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\r\n Why should I register my copyright if protection is automatic?<\/span>\r\n <\/div>\r\n
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While protection exists automatically, enforcement becomes significantly easier with a registration certificate.It strengthens your position in infringement actions and helps establish ownership without ambiguity.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t <\/div>\r\n <\/div>\r\n \t\t\t<\/div>\n\t\t<\/section>\n\t\t

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\n \n PATENTS <\/span>\n <\/h2>\n\n <\/div>\n<\/div>\n\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\r\n What can be patented in India?\n\n<\/span>\r\n <\/div>\r\n
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A patent can be granted for inventions that are new, involve an inventive step, and are capable of industrial application<\/strong>.<\/p>

This can include products, processes, and certain technical innovations<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n

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\r\n Can software be patented in India?\n\n<\/span>\r\n <\/div>\r\n
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Software with technical effects <\/strong>or technical contribution<\/strong> may be patentable.<\/p>

In accordance with the Computer-Related Invention Guidelines (CRI) 2016, revised in 2017, mere algorithms or business methods are not patentable.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n

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\r\n What is the difference between a provisional and complete specification?\n\n<\/span>\r\n <\/div>\r\n
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A provisional specification is an initial filing that secures an early priority date for your invention.<\/p>

A complete specification contains the full technical details and claims, and must be filed within 12 months of the provisional application.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n

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\r\n How long does a patent take to be granted?<\/span>\r\n <\/div>\r\n
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Patent prosecution in India typically takes 2\u20134 years<\/strong>, depending on examination timelines and responses.<\/p>

Expedited examination options may be available in certain cases.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n <\/div>\r\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t <\/div>\r\n <\/div>\r\n \t\t\t<\/div>\n\t\t<\/section>\n\t\t

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\n \n WORKING WITH US <\/span>\n <\/h2>\n\n <\/div>\n<\/div>\n\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\r\n How do I start working with Samaddar & Co.?\n<\/span>\r\n <\/div>\r\n
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You can reach out to us through our contact form or schedule an initial consultation.We will understand your requirement, assess the scope of work, and guide you on the next steps in a structured manner.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n

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\r\n What information do you need from me to begin?<\/span>\r\n <\/div>\r\n
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This depends on the service. Typically, we require basic details such as your brand name, logo, nature of business, or details of your work\/invention.We guide you through exactly what is required at each stage.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n

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\r\n How are your professional fees structured?<\/span>\r\n <\/div>\r\n
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Our fees are structured based on the nature and complexity of the work involved. We provide clear, upfront estimates, distinguishing between government fees and professional fees, so there is complete transparency.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n

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\r\n Do you offer consultations?<\/span>\r\n <\/div>\r\n
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Yes, we offer consultations to understand your requirements and provide initial guidance.<\/p>

This helps you make an informed decision before proceeding further.<\/p> <\/div>\r\n <\/div>\r\n <\/div>\r\n

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\r\n How will I receive updates on my matter?<\/span>\r\n <\/div>\r\n
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