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My Lawyers Advice > Articles posted by admin

Trademark in India-Basics

Background In today’s time, a brand is synomous with a trademark as a recalling or recognizable sign, like the cursive “M” logo instantly is associated with the Mcdonalds franchisee or the olden “V on W” logo for Volkswagen. The need for exclusive association requires a legal framework with penalties and provisions for enforcing exclusivity and associations. A well-known Trademark in relation to any goods or services means a mark that has become synonymous to the substantial segment of the public, which uses such goods or receives such services such that the use of such a mark in relation to other goods...

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Maintenance under the Section 24 of the Hindu Marriage Act of 1955

The Section 24 of Hindu Marriage Act 1955 deals with Maintenance pendente lite and expenses of proceedings. The section provides for the payment of the alimony from the other spouse in condition that the other has no significant or independent means to support themselves. The section also stipulates the payment of such sum on an monthly basis from elapsement of sixty (60) days from the date of service of the notice on the spouse. The section espouses the need for the spouse to maintain a dignified life even after dismissal of the institution of the marriage and same has been...

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Insolvency and Bankruptcy Code, 2016-Basics

After a public consultation process and recommendations from a joint committee of Parliament, both houses of Parliament have now passed the Insolvency and Bankruptcy Code, 2016. Under the existing legal framework, the primary onus to initiate a resolution process lies with the debtor, and creditor may pursue separate actions for recovery, security enforcement and debt restructuring. The highlights of the code are summarized below: 1. Corporate Debtors: Two-Stage Process To initiate an insolvency process for corporate debtors, the default should be at least INR 100,000 (USD 1495) (which limit may be increased up to INR 10,000,000 (USD 149,500) by the Government). The Code...

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