Tags
almost 9 years ago

Exemptions For Private Limited Companies

Based on the feedback and concerns raised by the related persons and experts, the Act is further amended several times relaxing few provisions therein, aiming for a business-friendly India.
almost 9 years ago

Start Ups And Loss Of Trademark Rights – How You Can Stay Safe

The situation for Pinterest may turn out to be graver than it currently is, with Premium Interest Ltd. gearing up to register the trademark PINTEREST in Australia, New Zealand, Brasil, Turkey, Malaysia, South Korea, India and Japan.
almost 9 years ago

Loss Of Trademark Rights

Section 47 of the Trade Marks Act, 1999 provides for removal of a registered trademark in two scenarios, if it is proved that: The trademark was not registered with a bona fide interest and was not put into use three months prior to the date of application If there has been continuous non-use of the mark for a period of 5 years Exceptions couched under clause 3 of section 47, are allowed on the following grounds: if the non-use of the trade mark can be proven due to due special circumstances in the trade, which includes restriction on the use of the trade mark in India imposed by any law or regulation but does not include any intention to abandon the trade mark in relation to the goods or services to which application for removal relates.
almost 9 years ago

Insolvency And Bankruptcy Code 2016

Preamble Earlier before the introduction of the bill, the lenders were unconfident with various overlapping laws in India with relation to the recovery or restructuring of the defaulted assets.
almost 9 years ago

Lifting Of The Corporate Veil

The recent India has observed the Corporate Veil lifting by the Debt Recovery Tribunal when a consortium of bankers has urged for piercing the protection for Vijay Mallya assets in Kingfisher Finvest’s Insolvency.
almost 9 years ago

Understanding The Startup India Action Plan

To become eligible for the Government scheme announced following are the eligibility criteria: An entity incorporated or registered in India (for ex.
almost 9 years ago

How To Establish Use Of Mark For An Intent To Use Application?

This is however permitted, only when the user date is prior to the date of filing of trademark application in India.
almost 9 years ago

What Is Affirmative Defence In Trademark Infringement?

The difference in the way the fair use doctrine is employed in the US is markedly different than the way it is used in India.
almost 9 years ago

Applying Trademark Online

Two types of applications can be filed: IAOI- International applications originating from India Domestic Application After filling the online application and uploading all the relevant documents, a temporary Application number is generated, once you make the online payment using the IPO Payment Gateway hosted by IPOs designated bank.
almost 9 years ago

Applying Trademark Through An Attorney

In order to become a Trademark Attorney/ Trademark Agent, the person needs to (Qualifications to become a Trademark Attorney): Pass a qualifying examination which is conducted by the Trademarks Registry or Be an Advocate within the meaning of the Advocates Act, 1961 or Be a member of the Institute of Company Secretaries of India.