A name that is to be trademarked can be a slogan, name of the company or its products. The trademark name plays a major role as it represents a perfect identity to the product or a company. The trademark name can also be termed as trade name. The most important aspect of the trade name is that it should be distinct from the other names. It should not be alike or sound the same as the other trade name, if so the trade name will not be registered.

The proposed trademark shall undergo an official trademark search. The official trademark search can be done in the Indian intellectual property rights website. Registration is essential to search the trademark. It can be done either by on-line or directly in person at the intellectual property Office. Rs 400/- is the fees for the single class search. Once the payment is done, the applicant can receive a user name and a password through which a detailed trademark search can be made. The search time is 15 minutes then it will be logged off automatically. The search report gives detailed available trademark name of given class.

Applicant can go through the search report, then he can decide to register his/her trademark or not. Form TM 1 shall be filed and in case of convention country form TM 2 shall be filed along with a prescribed fee of Rs 2,500/-. Triplet application shall be applied along with the five copies of additional representation. The registration should include the details such as the name, address, nationality, state and country of the proprietor of the trade name. Officials will not consider the incomplete registration.

The trademark has to go through the process such as issued for examination, opposition or grant. This can be viewed by visiting the above mentioned website, where the status of the trademark can be viewed by entering the application number of the trademark that was registered. The status of the trademark application shall be sent through letter by the patent office.

The symbol for the registered name trademark is “R” for those who are the proprietor the trademark and “TM” can be used just to mention that he/she is a proprietor of the trademark.

The trademark attorney will register the name trademark and will follow procedures like registering a trademark, notify in case of opposition, prepare trademark responses and other legal information related to trademark or service mark.

Registered trademark can make the business of the proprietor as a secured one. The common person can rely upon the products that are registered as trademark. Even if there are other marks infringing that of yours, the registration of trademark will prevent from any fraudulent cases and thus prevent loss to your company and to your business.

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A trademark agent is defined as a person who is eligible to practice in matters involving drafting the applications, opposition, legal advice etc on trademark law.

The basic qualification to become trademark agent in India is the passing of Trademark Agent Examination conducted by the Controller General of Patents designs and Trademark which take place once in a year.

The person is eligible to apply for the trademark agent examination under the Trademark Act 1999, if he has completed 21 years and should be a graduate in any university in India or any other equal qualification or should hold a degree in law.

Form TMA-1 given in schedule II of the trademark rules 2002 is for the application for trademark agent examination. The prescribed fee for the application is Rs 1,000 which should be made in triplet and is submitted in the trademark office. The eligible candidates will be called for a written exam and for viva. The examination will be for 150 marks for written exam and 50 marks for viva. The exam will deal with the Trademark Laws and Practice from the Trademark Act and Rules. A person must be well versed in the trademark act and rules to clear the trademark agent examination.

After passing successfully in the trademark agent exam he/she will become a trademark agent or an attorney in India. The registration of a company, institution, organization’s logo, trademark application, legal advice, infringement case etc can be carried on with the assistance of a trademark agent. The trademark agent in India has the right to deal with clients regarding any cases related to their products. The clients can trust their trademark agents for any cases related to their trademark.

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The different kinds of creative work which are registered under the copyright Intellectual Property. They are musical works, artistic works, literary works, multimedia products such as CD – ROMS, video games, plays, choreography, architectural designs etc.

The copyright protects the appearance of the idea/concept and not the ideas itself. The tale of a love story may be similar but the way of writing the story in precise words is the one which makes the novel creative from others. It may include pictures, words, colors used in and the way of style in writing story.

Literary work means any story or action is communicated by means of picture or illustration in a form suitable of a book or in a paper or in a journals. Computer program comes under literary work. Computer program means a set of instructions expressed in words, codes, schemes or any other readable form. Dramatic work includes the script of the dialogue, choreography, music, lyrics, sound recording used in the drama including performance moral rights.

Musical work defines the work which consists of song and it should not include vocabulary. The song words can be registered as a literary work under intellectual property copyright where the words of the song are cosseted. These rights will be owned by the writer. In case of written music, the words will be protected as a literary work. The rights will be owned by the musician of the music. Musician means the person who composes the music. Sheet music is registered as a separate copyright where it contains the physical outline details of the song.

Sound recording defines the person who records the sound when and where it was created. The proprietor of the sound recording is the recording company. The entertainer should assign its privileges to the recording company. They play the important role of the copyright sound recording ownership. Authorization from entertainer is essential when recording is made of their entertainer. They are the inventor of sound recording and they have ethical privileges. Performance means performer’s privileges made by survive performers. Performer includes a musician, actor, singer, dancer, entertainer, a person delivering a lecture or any other person who makes a performance.

Work of architecture means structural designs of any buildings which has a design. Artistic work means a drawing or a photograph, sculpture, a painting, buildings which posse’s creative quality. In case of shoot, the copyright will be owned by the shooter who takes the shoot.

Cinematography film means a copy of the film produced by any medium. Producer means any person who takes the steps to produce the work. Film includes TV programs, cinema and animation where the rights will rely on the screenplay, the visual images and the sound track. Communication to the public means any work available to the public directly or by means of display or through satellite or cable. Broadcast means communication to the public by means of wireless diffusion.

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Normally, if you want to have professional designers custom build your site, you must be prepared to dish out at least a few hundred dollars. All this can change if you know where to find the best deals, the best designs for the lowest price. Here’s a rough guide:

First, you must understand that it is a rip off to get companies to design websites for you. Have you ever seen those advertisements in newspaper classified ad sections that offer a 5-page website at $500? These companies are established companies with physical locations, therefore they have to increase the amount they charge to pay off some overheads: office rent, designer’s wages, advertising costs and so on.

Therefore, it would be wise to find freelance designers who work from home. These people are often working from home so they do not have a high operation cost like that of a company. On the other hand, they will be able to design images with quality similar to those of designers from big companies, so it’s a “no-brainer” choice.

However, choose freelancers with care. The best way to do this would be to go to elance.com. There, you can post the abstract of your project and get thousands of freelancers to bid on your project, so you will surely get the best deal. On top of that, you will be able to choose the designers based on their experience, past transactions and ratings, so your value for money is secured.

Another route you can take is to design your website yourself. Think about it, if you only need 5 simple pages to present some simple information, why waste hundreds of dollars for it? Just spend a little time to sit down and do it yourself. You’ll be able to design your own sites even if you do not know a single line of HTML code with the help of WYSIWYG (what you see is what you get) programs such as Microsoft Frontpage, Macromedia Dreamweaver and so on.

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Flash-based sites have been a craze since the past few years, and as Macromedia compiles more and more great features into Flash, we can only predict there will be more and more flash sites around the Internet. However, Flash based sites have been disputed to be bloated and unnecessary. Where exactly do we draw the line? Here’s a simple breakdown.

The good:

Interactivity

Flash’s Actionscript opens up a vast field of possibilities. Programmers and designers have used Flash to create interactve features ranging from very lively feedback forms to attractive Flash-based games. This whole new level of interactivity will always leave visitors coming back for more.

A standardized site

With Flash, you do not have to worry about cross-browser compatibility. No more woes over how a certain css code displays differently in Internet Explorer, Firefox and Opera. When you position your site elements in Flash, they will always appear as they are as long as the user has Flash Player installed.

Better expression through animation

In Flash, one can make use of its animating features to convey a message in a much more efficient and effective way. Flash is a lightweight option for animation because it is vector based (and hence smaller file sizes) as opposed to real “movie files” that are raster based and hence much larger in size.

The bad and the ugly:

The Flash player

People have to download the Flash player in advance before they can view Flash movies, so by using Flash your visitor range will decrease considerably because not everyone will be willing to download the Flash player just to view your site. You’ll also have to put in additional work in redirecting the user to the Flash download page if he or she doesn’t have the player installed.

Site optimization

If your content was presented in Flash, most search engines wouldn’t be able to index your content. Hence, you will not be able to rank well in search engines and there will be less traffic heading to your site.

Loading time

Users have to wait longer than usual to load Flash content compared to regular text and images, and some visitors might just lose their patience and click the Back button. The longer your Flash takes to load, the more you risk losing visitors.

The best way to go is to use Flash only when you absolutely need the interactivity and motion that comes with it. Otherwise, use a mixture of Flash and HTML or use pure text if your site is purely to present simple textual and graphical information.

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