Page 55 - DMGT310_ENTREPRENEURSHIP_AND_SMALL_BUSINESS_MANAGEMENT

Entrepreneurship and Small Business Management

Notes
Figure 4.2: Trademarks of various companies

Source: http://connorlaw.com/Raleigh_Business_Law/wpcontent/uploads/2012/08/20120829-
Trademark-Picture1.jpg
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Caution Principle place of business is important to determine the appropriate office for
filing the trademark application. The appropriate offices for trademark filings are headed
in Delhi, Mumbai, Kolkata and Chennai. If you don’t have a principle place of business in
India you can provide the address of your service provider (trademark agent/attorney).

Copyright and Trademark Law
Copyright and Trademark forms an intrinsic part of Intellectual property rights. Copyright
gives long lasting rights pertaining to literary, artistic and musical creations whereas trademarks
are protected against imitation as long at least as they continue to be employed in trade. According
to Indian legislation governing Intellectual property rights all artistic, literary, musical, dramatic
works are comes within the purview of copyright but if it has to be used in context with goods
than a certificate concerning the same has to be obtained from the Registrar of Trademarks. Thus
though they are governed by different laws they are two sides of same coin.

4.1.3 Trade Secrets

Trade secret is a formula, process, device, or other business information that is kept confidential
to maintain an advantage over competitors. It is an information-including a formula, pattern,
compilation, program, device, method, technique, or process that-

1. Derives independent economic value, actual or potential, from not being generally known
or readily ascertainable by others who can obtain economic value from its disclosure or
use, and
2. Is the subject of reasonable efforts, under the circumstances, to maintain its secrecy.
“Trade Secret is an effective tool to protect Intellectual Property Rights of an entrepreneur.”

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