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Startup Lawyers

 > Legal Advice  > Startup Lawyers

PASSING-OFF & ACTION UNDER THE TRADEMARK LAWS

Passing off is a type of tort, and its substantive part is established upon the common law principle. The general principle of passing-off states that no man can have any right to represent his goods as the goods of another person. As expressed over, the Trade Marks Act, 1999 does not define "Passing Off". Section 134 (1) (c) refers to jurisdiction or power of the District courts to try the suit and even issue injunction in the matter relating to Passing off suits. The plaintiff has to establish his case and satisfy the court concerned the irreparable damages caused to them. The trademark provides protection to the registered trademark,...

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APPEAL UNDER THE TRADEMARK LAWS

An application for registration of trademarks is submitted at the Head office or a branch office of the Trade Marks Registry within whose territorial limits the principal place of the business of the applicant is located. The digitization and formality checking of the application is done at the respective offices. The Application is then examined predominantly with respect to whether the relevant mark is capable of distinguishing applicant’s goods or services, regardless of whether it is prohibited for registration under any law for the time being in force, whether the registration of the relevant mark is likely to cause confusion or deception because of prior identical or similar marks...

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TRADEMARK INFRINGEMENT & IT’S CONSEQUENCES

The fundamental reason for a trademark is to help individuals perceive the source of particular goods and services. The source enables individuals to decide the quality. Quality is the thing that customers typically base their buy choices on. This is the reason a trademark is critical in the economy. A trademark reflects the source and quality of the goods or services. This is why it is essential to guarantee that the trademark isn't being infringed upon. A trademark speaks to the brand estimation of the trademark proprietor. Infringement of trademark causes losses in finances and reputation to the proprietor of the infringed mark. It is, therefore, in every case...

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RIGHTS OF THE OWNER OF A REGISTERED TRADEMARKS

It has been a frequently discussed question in India, whether the registration of a trademark gives an absolute right in regard of the trademark to a registered owner, and assuming this is the case, are there any dangers or legal hurdles that can compromise such a right. At the start, the rights of a registered owner under the Trademark Act should be analysed. The Act gives that the registered owner has an exclusive right to the trademark in regard of the goods and services for which the mark has been registered and can get reliefs against the individuals who use a similar mark. Section 28(1) of the Trademark Act...

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TRADEMARK REGISTRATION IN INDIA

Trademark is the unique symbol or word which is used to represent a business, its products or services. The trademark has played a very vital role in the setting up the business in this competitive world. It creates a unique identity in the market which is beneficial for both the creators of such product or services and to the consumers. Trademarks help in cementing the trust of the customer by creating its identity for its product and its quality. But in this competitive era, the proprietors of such trademark feel unsecured for their trademark so that it may not be taken away by any other competitors. This will...

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BENEFITS & IMPORTANCE OF CONDUCTING TRADEMARK SEARCHES

Intellectual Property has become an important means of amounding tangible wealth as both the intellectual properties and intangible assets jointly form the most significant driving force of the world economy. The scope of the intellectual properties increased very rapidly and regular attempts are made by the producers of new creative ideas to seek protection under the umbrella of intellectual rights. Intellectual Property is classified into two categories, vis-à-vis, Industrial Property, which include inventions (patents), trademarks, industrial designs, and geographical indication of sources; and Copyright. Trademark is one of the vital components of every successful business marketing strategy as it helps creators and the service providers to create their unique identity...

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Illegal Transfer of Property & Legal Remedies Available

The professional team of Advocates & Lawyers of ww.mylawyersadvice.com are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. The Querist along with his family migrated and settled in Canada and is now a...

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Executing aNon-Competence Agreement with Employees

The professional team of Advocates & Lawyers of www.mylawyersadvice.com are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. Our Querist is a Tech Start-up, which is into the field of Artificial Intelligence and...

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Scope of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act of 2013

The Government of India enacted Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act in 2013 for protection, prevention, and redressal of women against sexual harassment at workplace.The Act defines sexual harassment in line of Vishakha’sjudgement i.e. Vishakha vs. State of Rajasthan. Sexual harassment includes any unwelcome sexually tinted behaviour, whether directly or by implication, such as advances or physical contact, demand or request for sexual favours, making sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal or non verbal conduct of sexual nature. Other circumstances or behaviour which may amount to sexual harassment are implied...

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REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 (RERA) INVESTMENT BY FOREIGN NATIONALS AND NON-RESIDENT INDIANS

A foreign national is any person who is not a national of the country in which he or she is residing and NRIs are overseas Indians, officially known as Non-Resident Indians or Person of Indian origin, are people of Indian birth, descent, origin who lives outside the Republic of India. An NRI or person of Indian origin (PIO), as defined in FEMA and as stated above, can acquire by way of purchase, any immovable property in India, other than agricultural land/plantation property/farm house. This is under a general permission that has been given by the Government of India. However, no person...

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