Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.
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A Patent is an Intellectual Property Right granted by the Government of India to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout India when the patent is granted.
There are three types of Patents. UTILITY PATENTS may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. Here is the process for obtaining a Utility Patent. DESIGN PATENTS may be granted to anyone who invents a new, original, and ornamental Design for an Article of manufacture. PLANT PATENTSmay be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.