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Mergers: Tool to Survive the Second Wave of Covid19

The term ‘Merger’ is not defined clearly under any enactment. But can be defined as the voluntary amalgamation of two companies on broadly equal terms into one new legal entity. Mergers often lead to an increased value creation for the corporation. It is a way for the corporations to expand their reach, expand into new segments, or gain market share. How does a Merger Work?A merger is a voluntary combining of two companies legally into one legal entity. The companies should have similar sizes, values and customer bases to be a merger and not an acquisition. If both parties expect...

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When an Application for Rectification of Trademark is Filed: Lawyers Advice

Trademarks are unique names, symbols, phrases or designs that can be represented graphically and can differentiate the business, product or service, of one company or person from that of others. The registration of a trademark of a product or service is significant for preventing any misuse of the same, thereby protecting the goodwill and reputation of the business. Rectification is a legal process through which any error or omission made in the details of the recorded trademark in the trademark registry, is corrected. The Trademarks Act, 1999 provides for rectification of registered trademarks in cases where the mark is wrongly...

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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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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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Laws on Rectification of a Trademark: Lawyers Advice

Intellectual Property means the rights given to the corporate over the creations of their mind. The creator of a product or an idea by having these rights has a right to use it for a certain period. There are various sub-areas in Intellectual Property Rights. Trademark is one among them. Trademark is a right used by a company to distinguish their product from the other competitors. It consists of designs, symbol and expressions. A company can frame a suit for infringement of trademark if any of its competitors are using that specific trademark for its purpose. To get a trademark...

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Top Five Legal Challenges Faced by Online Hotel Aggregators in India: Lawyers Advice

Over the years, the ease of accessibility to the internet has allowed various industries to make their businesses available to an increasingly larger pool of people. The online Hotel Aggregator industry is one such industry and has grown leaps and bounds in the last decade. Major players in the industry saw this opportunity and launched in India as well. However, this large growth in the industry has also brought to light various issues focusing on the on-going practices and trends in the industry. Some of the major legal challenges that are being faced by the online hotel aggregator industry are...

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Top Five Legal Challenges Faced by Online Fruits & Vegetable Vendors in India: Lawyers Advice

While a majority of the country’s population may purchase fruits and vegetables from the markets such as the street market or grocery stores, a large part of the Indian population has started purchasing fruits and vegetables from online vendors due to easy access to the internet and its convenience. This new format of selling fruits and vegetables has allowed the consumer to receive products of certified superior quality as well as pre-cut if they desire. Additionally, consumers receive the products are their convenience rather than having physically go to the market, thereby allowing them to save a lot of time....

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Importance of Conducting Due Diligence before Investing in a Startup: Lawyers Advice

In the world of startup investing and the private investments, the role of due diligence has become very significant. If any investor wants to involve in a successful investing, then he is required to comprehensively evaluate the sustainability of the investments. This can be done by proper research and study of the particular startup they are planning to make investment in. In startup investing, the investors has to suffer the problem of the less available information about the startup in the market. If the proper information is not available, then it would be difficult for the investors to carry on...

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