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Top Tips for Solving the Problem of Opposition to a Trademark: Lawyers Advice

Trademark Opposition is a process initiated by a third party after the application has been acknowledged by the Trademark Registry. This means that the institution of a trademark opposition begins after a trademark application has successfully met all the initial requirements and has been advertised in the Trademark journal for the general public. The rationale behind doing this is so that the common people get a chance to put forth an opposition against the registration if in their opinion, the trademark could be misleading or similar to already existing trademarks. It has to be noted that after an opponent files an...

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Top Tips for Solving the Problem of Objection to a Trademark: Lawyers Advice

The purpose of a trademark is to create a distinctiveness for a brand and separate it from other brands and products in the market. Hence defending it is imperative, if one wants to sustain its unique image. However, there are various grounds on which one can be stopped from doing the same. Definition of Objection under Trademark Trademark Objection is an example where the Trademark Examiner raises questions and puts forth objections so that proper registration of a trademark can be ensured. Hence, since it comes from the Examiner, it is a governmental objection and because it seeks to make applicants...

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Defences available to the Accused in a Cheque Bounce Cases: Lawyers Advice

A Cheque Bounce case is a criminal case provided under section 138 of Negotiable Instruments Act of 1881. A cheque is said to have bounced for several reasons for example insufficient balance, accounts closed, signature mismatch etc. Conditions necessary for cheque bounce: • The cheque is dishonored due to insufficiency of funds, signature mismatch, account blocked etc. • A Legal notice is given within 30 days after such dishonor. • A payment of due amount is not made within 15 days time after the legal notice has been issued by the aggrieved. Defence...

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Evidence and Burden of Proof in Cheque Bounce Cases: Lawyers Advice

Dishonor of a cheque or cheque bounce occurs when a cheque that is presented in the bank is returned unpaid which can be due to various reasons including insufficient amount in the bank, signature mismatch etc. The aggrieved party can institute a suit against the accused under the Negotiable Instruments Act of 1881. Evidence in a Cheque Bounce Case:Under Section 145 of the Negotiable Instruments Act of 1881: The Complainant has to furnish his evidence, normally by way of affidavit; in lieu of examination in chief. Documents like bounced cheque, dishonour memo, copy of notice etc are attached to support the...

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Filing Procedure for Cheque Bounce Case: Lawyers Advice

The Negotiable Instruments Act of 1881: As per the act, cheque has been defined under section 6 as the bill of exchange which is payable on demand by the applicant. A Cheque bounce is when there is dishonour of payments by the drawer when the cheque is submitted for payment by the drawee. The dishonour can be due to various reasons, some are clear overwriting on the cheque, insufficiency of the amount in the account used for payment, attestations on different documents do not match etc. Institution of a Criminal Suit for a Cheque Bounce CaseUnder Section 138 of Negotiable Instruments Act...

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Foreign Direct Investments (FDI) in E-Commerce & Dropshipping in India-2: Lawyers Advice

Company Registrations, Licenses and Permits which are to be procured:An e-commerce entity can be set up as a private or a public limited company, or a sole proprietorship, or a cooperative, or a limited liability partnership. The required documents vary depending on the type of entity chosen to do business in. But some of the basic important documents required for any e-commerce or drop shipping company are: • Company Incorporation • Director’s Identification Number (DIN) from the official website of Ministry of Corporate Affairs • Permanent Account Number (PAN)...

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Foreign Direct Investments (FDI) in E-Commerce & Dropshipping in India-1: Lawyers Advice

Entering the Indian Market: • Foreign E-commerce or a drop shipping companies can enter the Indian Business Market under Direct and Indirect way: a) Direct way: The direct way for a foreign e-commerce company to enter into the Indian market is through Foreign Direct Investment. 100 per cent FDI is allowed in e-commerce companies operating in single brand retail trading. Along with this it is also necessary for these companies to operate in the market place model only which acts as a facilitator between the buyers and sellers. The FDI policy prohibits...

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Foreign Direct Investments (FDI) in Media & Entertainment in India-2: Lawyers Advice

Company Registrations, Compliances, Licenses & Permits to be procured: • Uplinking License requirement for businesses of uplinking television channels from India. • Downlinking License requirement for businesses of downlinking television channels from India. • License for setting up and operating of Direct-To-Home (DTH) services in India. • Licenses regarding Intellectual Property Rights (IPR) like Copyright, Trademarks, Patents, Trade secrets, etc. must be procured to ensure compliance with the regulations and policies. • Certificate from the Central Board of Film Certification (CBFC) or...

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Foreign Direct Investments (FDI) in Media & Entertainment in India-1: Lawyers Advice

Entering Indian Market: • Foreign investors are permitted to enter the market by investing upto 49% in Terrestrial Broadcasting FM FM(Radio) or the Up-linking of News & Current Affairs TV Channels under the Government route wherein prior permission of the Government is required. • Investors can also enter the market by investing 100% FDI in the Non-News & Current Affairs TV Channels under the automatic route, where permission from the Government is not required. • Investment can be carried out under print media as well where 26%...

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Foreign Direct Investments (FDI) in Telecom & Internet Services in India-2: Lawyers Advice

Company Registrations, Compliances, Licenses & Permits which are to be procured: • The Unified License, requires licensee to declare the Indian and Foreign investment in the licensee company and submit a compliance report regarding compliance with FDI norms and security conditions the Department of Telecommunications (DoT) certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of such company. • License for Basic Telephone Services has been open to the private sector. • License for National Long-Distance Services operating within the territory of India. • License...

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