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What is Trademark Opposition: Lawyers Advice

Trademarks are unique names, symbols, phrases or graphic designs that differentiates the business, product or service, of one company or person from that of others. It represents the identity of the company, and for the same reason, are registered under an application made under Section 18 of the Trademarks Act, 1999. However, a refusal known as ‘Opposition’ may be raised in the process of trademark registration. Rules 42 to 51 of the Trade Marks Rules, 2017 provide for the provisions concerning Opposition to Registration. If a trademark examiner reviews and approves the registration of a trademark, the mark will be...

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How to Prepare your Investment Term Sheet: Lawyers Advice

The term sheet is a initial document in any transaction which is a nonbinding agreement that serves as a template for basic terms and conditions and other relevant information. The terms sheet should mention that all the obligations discussed will be contingent upon the deal reaching its finalisation. It is an informal document which helps in having a broad understanding about the process and the expectations of the parties before entering into a formal deal. The term sheet is a standard agreement which is undertaken at a preliminary stage of the discussion between the investors and the founders during negotiation...

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Pre-Requisites of a Joint Venture (JV) Agreement: Lawyers Advice

The strategic alliance or the business arrangement between a group of people or business entities to form such an undertaking either for a stipulated period or beyond that to fulfil some business goals or project for a lawful purpose can be termed as a joint venture in a simplified manner. The parties involved in such kind of arrangements can be termed as co-venturers. Usually, the main aim to form such an alliance is to pool and merge the resources like capital, manpower, expertise and so on to achieve the business objectives and to capture the market to have a powerful...

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Essential Pre-Requisites of a Founders Agreement: Lawyers Advice

As per the Indian government website of start-up India, India ranks 3rd as the largest start-up community in the world with about 50,000 start-ups in India in 2018 itself. With such a staggering number for a start-up and the interest of people to work independently, it becomes imperative for them to not only work on the ideas to set up the foundation of any business but also to protect themselves from any legal troubles in future. Hence, amongst the first thing to consider before stepping into the nitty-gritty of a business is to have a solid legal backing in the...

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Essential Pre-Requisites of a Shareholders Agreement: Lawyers Advice

A Shareholders Agreement (SHA) which is also called a Stockholders Agreement is basically an agreement which safeguards the interests of the shareholders of a company as it is a contract between the shareholders and the management of a company outlining various important elements which protect the existing shareholders, the minority shareholders’ and also the future shareholders’ which could be in form of seed financing investors or angel investors. It includes terms like shareholders’ rights, responsibilities, liabilities, and obligations, etc. It also specifies about the pre-emptive rights which allow the existing shareholders to participate during the time when new shares are...

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Five Inevitable Legal Compliances for Platforms giving Share Trading Advice & Tips

Legal Compliances for Platforms It has been time and again established that there have been certain websites and individuals which allegedly offer unregistered investment advisory services but in reality, they run the operation without obtaining a proper SEBI registration as an Investment Advisor. All the online portals who have been providing with the share trading tips and advice should take into consideration certain compliances on their behalf to ensure the smooth functioning and to avoid any legal complications in the future. Securities and Exchange Board of India (SEBI) RegulationsUnder section 3(1), Chapter II of SEBI (Investment Advisers) Regulations 2013 it has...

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Top Five Legal Challenges faced by Platforms giving Share Trading Advice & Tips

The Share Trading business has always been booming with a lot of opportunities for investors in the financial market. Many people are keen to invest in these markets and as a result, there has been the emergence of various Platforms both online as well as offline for providing suitable investment advice and tips to their clients. The modus operandi of all these portals are almost the same. These websites claim 99% accuracy, provide options based on the subscription, and send the tips through text messages on mobile phones, etc. However, these platforms have to undergo various legal challenges as majority of...

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Legal Remedies Available against Objection Raised under Section 11 of the Trademark Act of 1999: Lawyers Advice

Trademarks are unique names, symbols, phrases or graphic designs that differentiates the business, product or service, of one company or person from that of others. It represents the identity of the company, and for the same reason, are registered under an application made under Section 18 of the Trademarks Act, 1999. In India, after an individual applies for the registration of a Trademark, the Trademark office verifies the application to addition to the verification of the Device mark or logo under the Vienna codification. This is followed by the stage of Examination and Objection of the Trademark Application. An Examination...

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Legal Remedies Available against Objection Raised under Section 9 of the Trademark Act of 1999: Lawyers Advice

Trademarks are unique names, symbols, phrases or graphic designs that differentiates the business, product or service, of one company or person from that of others. It represents the identity of the company, and for the same reason, are registered under an application made under Section 18 of the Trademarks Act, 1999. However, when the subsequent status of the trademark registration application is shown as “objected” in an examination report, it refers to the fact that the examiner of trademarks has raised an objection against the application. One of the objections raised against a trademark application could be under Section 9...

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Stages of a Criminal Trial: Lawyers Advice

Crime is interpreted differently by different laws and eminent scholars. In sociology, crime is an act that violates an established law and is punishable by the authority through formal sanctions. According to the legal perspective, crime is a type of behaviour defined by an act or statute as deserving of punishment. If any company commits a crime, such a company cannot escape from the legal trial and applicable liabilities unless it is proven that there is no guilt on behalf of the company. The Courts in India are entitled to conduct the trial proceedings in a criminal case. There are...

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