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    January 25, 2022

    WHEN WILL A TRADEMARK GETS REFUSED?

    WHEN WILL A TRADEMARK GETS REFUSED? Trademark Applications filed before the Registrar of Trademarks, go through certain mandatory stages before Registration. After submission of the Application, the Registry will scrutinize the applications. After scrutiny, the registry shall refuse the mark if the same is not in accordance with the conditions specified in the Trademark Act,1999 and Trademark Rules,2017. Absolute Grounds for Refusal: Section 9 of the Trademarks Act deals with absolute grounds for refusal of a Trademark. A trademark application can be refused on the absolute grounds as provided under Section 9. Before going to the procedure of the same, one must understand the essence of Section 9 of the Trademarks Act. Section 9 in a Nutshell Any Application filed for registration of Trademark is liable to be refused if the mark Is Devoid of any distinctive character, not capable of distinguishing the goods or services of one person from those of another person. Contains marks or indications which may serve in trade to designate the kind, quality, quantity, or other characteristics of goods or services. Exclusively contains of marks which have become customary in the practices of the trade. Can deceive or confuse the public. Is likely to hurt the religious sentiments of any class or section of Indian citizen. Contains any kind of scandalous or obscene Is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950. Contains the shape of goods which results from the nature of the goods Contains The shape of goods which is necessary to obtain a technical result. Contains The shape of goods which adds substantial value to the goods. However, it is also clarified that the trademark application shall not be refused registration, on the ground of the nature of goods or services in relation to which the trademark is used or proposed to be used. Opportunity of Being Heard: The Applicant will be given an opportunity to furnish necessary information to prove that the Trademark is not liable to be dismissed under Section 9 of the Act. Only after hearing the Applicant, the Registry shall pass an Order of Refusal if any. The Trademark Act has clearly stated the grounds of refusal for registration and every person who intend to apply for a Trademark Registration need to understand the same before applying of registration of Trademark.

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    January 24, 2022

    ALL YOU NEED TO KNOW ABOUT TRADEMARK REGISTARTION PROCESS

      Many people who seek to register their trademarks, assume that trademarks can be registered in a span of few days. But one should know the difference between applying for a registration of a trademark and the actual registration of a trademark. Trademark registration involves few stages as shown in the image and the entire process may take between 7 months to 2 years depending on the mark subjected to registration. A proper search conducted before the registry and a simple research before filing the application may help a person to avoid objection/opposition stages. Following are the various stages of a trademark registration:   1. Conducting search in the Registry: Though this is not part of the trademark registration process, it is advisable to do a detailed search before applying for a trademark registration. Conducting search in the registry enables a person to identify similar marks that are already registered or awaiting registration. This is always advisable to avoid objections and oppositions. 2. Preparation of documents : Trademark Application can be filed by any individual / legal entity (owner of the trademark) or through an Attorney or a Trademark agent. One need to submit the Trademark Application in Form – TM A. In case of submission through Attorney or Agent, one need to give power of attorney to the authorized Attorney or agent as the case may be 3. Filing of Application : Trademark Application can be filed either online or offline mode. 4. Objections : After filing of Application, the Registry may raise objections if any in relation to the Application. Once the examination report is received, one should reply for the same in writing within a period of 30 days. If the registry is not satisfied with the reply, A show-cause hearing will be posted for the same. 5. Journal publication After the registry accepts the mark after the objection stage, the mark will be published in the trademark journal and kept open for a period of 6 months. 6. Opposition People holding similar trademarks can file their opposition if any to the mark in the period of 6 months stated above, in prescribed form along with the payment of prescribed fee. If an opposition is received, the Applicant should file suitable reply and contest the same. 7. Completion The certificate of registration of trademark will be issued after the successful completion of all the above process. The said certificate is valid for a period of 10 year and can be renewed upon filing of prescribed form and payment of prescribed fee. Before approaching a professional for a trademark, one should be aware of the entire process of registration of trademark and ensure necessary follow up to meet the timelines in each stages.

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    November 18, 2021

    FAQ’S ON PARTNERSHIP FIRM REGISTRATION

      What is a Partnership Firm?  A Partnership Firm in India is governed by the provisions of The Indian Partnership Act, 1932. As per Section 4 of the Indian Partnership Act ‘’Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all’’  Who is a Partner? As per the Section 4 of the Indian Partnership Act Persons who have entered into partnership with one another are called individually as ‘’ Partners’’ What is a Partnership Deed? A Partnership Deed is a written legal document signed by the partners at the time of commencement of the partnership.  A partnership deed or a partnership agreement is the essence of the partnership where all terms and conditions pertaining to the partnership are set forth. The partners can make changes in the terms of the Partnership Deed at any time in the future at their mutual consent. What are the minimum and maximum numbers of partners required in a partnership firm? Minimum of two persons can form a partnership. Rule 10 of Companies (Miscellaneous) Rules, 2014 restricts the maximum number of partners to form a partnership to fifty. Is registration of a partnership firm is mandatory in India? In India Registration of a partnership firm is not compulsory but optional. However a partnership firm cannot avail certain legal benefits provided to the firm under the partnership act, 1932, if the firm is not registered. What is the procedure to register a partnership firm in Tamil Nadu? The Tamil Nadu Registration Department, in view of ease of doing business, had issued a circular dated 07.12.2020 and introduced online registration for partnership firms. The procedure, stated above is required to be done online in www.tnreginet.gov.in . Application form, copy of the partnership deed and other documents if any shall be filed through the said portal along with the prescribed fee. After approval, the certificate of registration will be available online and the same can be downloaded. What are the documents required for the registration of a Partnership Firm? Partnership deed, duly executed. Application form in Form I, signed by all partners. Address proof of the partnership firm Proof of identity and address proof of all the partners in the firm Receipt of registration Fee paid online through TNREGINET Portal.

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    November 9, 2021

    FILING OF MAINTENANCE CASES – HERE IS A LATEST DEVELOPMENT

    Law provides various options for claiming maintenance. Old/dependent parents can claim maintenances from their children, wives under certain circumstances can claim maintenance from their husbands and maintenance can also be claimed from the parents for their minor children. There are various provision through which a person can knock the door of the court to seek maintenance. Section 125 of code of criminal procedure provides for provision for the dependent parents, wives and children to claim maintenance. Similarly section 24 and 25 the Hindu marriage Act 1955 provides for interim maintenance, permanent alimony and maintenance. Similar provisions are also available under the special marriage Act. There are various judgments passed by the judiciary that governs the procedures, guidelines and criteria grants of maintenance. On 04.11.2020, the supreme court in the case of  Rajnesh vs Neha  [Slp (crl)no. 9503 of 2018]    as issued guidelines in respect of maintenance, proceedings before Family Court/District Court/Magistrate’s Court, as the case may be, throughout the country as the case may be. The Affidavit of Disclosure of Assets and Liabilities annexed at Enclosures I, II and III of this judgment, as may be applicable, shall be filed by the parties in all maintenance proceedings. The Applicant making the claim for maintenance will be required to file a concise application accompanied with the Affidavit of Disclosure of Assets The Respondent must submit the reply along with the Affidavit of Disclosure within a maximum period of four weeks. The Courts may not grant more than two opportunities for submission of the Affidavit of Disclosure of Assets and Liabilities to the Respondent. Format may be modified by the concerned Court, if the exigencies of a case require the same. It would be left to the judicial discretion of the concerned Court, to issue necessary directions in this regard. If apart from the information contained in the Affidavits of Disclosure, any further information is required, the concerned Court may pass appropriate orders in respect thereof. If there is any dispute with respect to the declaration made in the Affidavit of Disclosure, the aggrieved party may seek permission of the Court to serve interrogatories, and seek production of relevant documents from the opposite party Under Order XI of the Code of Civil Procedure On filing of the Affidavit, the Court may invoke the provisions of Order X of the Code of Civil Procedure or Section 165 of the Evidence Act 1872, if it considers it necessary to do so; The income of one party is often not within the knowledge of the other spouse. The Court may invoke Section 106 of the Evidence Act,1872 if necessary, since the income, assets and liabilities of the spouse are within the personal knowledge of the party concerned. If during the course of proceedings, there is a change in the financial status of any party, or there is a change of any relevant circumstances, or if some new information comes to light, the party may submit an amended/supplementary affidavit, which would be considered by the court at the time of final determination. The pleadings made in the applications for maintenance and replies filed should be responsible […]

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