I have a website like abctravel.in and someone in the USA also has the same domain like abctravel.com and has company "ABC Travel.INC in the USA" he didn't register it in India neither company nor trademark. We both are in the same business with an online presence but in a different country. My question is can I register Trademark "ABC Travel" in India and continue using my website and name in India or other company still make copyright case on me. What should I do if I want to use the same website and name?Read More

Posted at 12:13 PM, 18 Jun 19 | No Answers Yet

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 12:22 PM, 14 Jun 19

With respect to your query, the legal opinion is as under: (1) Non Disclosure Agreement is a contract through which parties to contract agree not to disclose information covered by the agreement, typically used to protect any type of confidential and proprietary information or trade secrets. The provision of Contract Act applies to NDA. (2) Trade secrets are protected without registration, that is, trade secrets are protected without any procedural formalities, Consequently, a trade secret can be protected for an unlimited period of time. (3) There are, however, some conditions for the information to be considered a trade secret. these conditions vary from country to country, some general standards exist which are referred to in Art. 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement):- (a) The information must be secret (i.e. it is not generally known among, or readily accessible to, circles that normally deal with the kind of information in question). (b) It must have commercial value because it is a secret. (c) It must have been subject to reasonable steps by the rightful holder of the information to keep it secret (e.g., through confidentiality agreements).Read More

Posted at 12:22 PM, 14 Jun 19 | 1 Answer

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To register a company you need to first have a permanent registered address. There are four steps in registration process as follows, 1. Acquiring Digital Signature Certificate(DSC) 2. Acquiring Director Identification Number(DIN) 3. Filing an eForm or New user registration 4. Incorporate the company You also need to mention whether its a public limited or private limited. You can consult an expert corporate law lawyer in India, who will tell you how to register your company in details. READ: Procedure for Trademark Registration After registering your company you can apply for trademark registration. For the same you need to follow certain steps: 1. Your first step should be to selecting the trademark. In this step, you will have to choose a mark that suits your company and make sure to keep in mind that the mark is not offensive in any way. 2. Now, once you have selected the mark of your choice, you would need to do a trademark search where it is seen as to whether the trademark is acceptable or not. 3. Now, you can file the application for trademark online and submit your mark. The mark will then go through Vienna codification where the mark will be categorized under one of 45 classes. 4. At this point, you will be allowed to use the “Tm” symbol with your trademark. 5. After the Vienna codification process, the application will be forwarded to trademark registration office where the application will be checked for errors. If there are no errors, the trademark goes into the journal for a set period of 120 days. 6. If there are no objections from any third party within these 120 days, you would be given the registration or trademark and you can use ”R” symbol with your mark. To do trademark registration of your company, you can consult an experience IPR lawyer in India, who will help you in getting the trademark registration of your company. READ:  Importance of Trademark RegistrationRead More

Posted at 12:50 PM, 15 Apr 19 | 1 Answer

Need consulting for our LLP firm, we are in an online marketing business so we already have necessary documents and registration, we are looking for consultation for our new product in a smart-watch category which is in prototype development right now 1. License required for a smartwatch 2. Trademark registration 3. Patent registration 4. INDIA and US legal aspects in terms of certificates and law related to the new smartwatch category. 5. Electronic product related Certificates and required documents if we need to import this product from any country. 6. If we raise fund from crowdfunding and brings that money to India from the US in our firm then what would be the impacts on tax and related financial side.Read More

Posted at 11:30 AM, 22 Mar 19 | No Answers Yet

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To get copyright registration for an artistic work relating to a public figure, a No Objection Certificate is required. You can hire an IPR lawyer in India to get an NOC from the PMO as the procedure can be a little tricky.  Under the Copyright Act, 1957, the following work can be copyrighted. Imaginative work including a canvas, a figure, a drawing (counting an outline, guide, graph or plan), an etching, a photo, a work of engineering or masterful craftsmanship, emotional work Scholarly work (counting PC programs, tables, arrangements and PC databases) Musical work (counting music and additionally graphical documentation) Sound recording Cinematograph film A Copyright registration application is filed along with copies of the work, after which a diary number is issued to the applicant. The Copyright registration application is kept open for the public to raise any objections for a period of 30 days. If no objection is received against the application, the Copyright Registrar registers the work. If any objections are raised, a reply can be sent to the Registrar. The Registrar can grant the Copyright or reject the application on the basis of reply to Copyright objection.Read More

Posted at 09:44 PM, 09 Feb 19 | 1 Answer

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Trademark is a kind of Intellectual Property of business in form of a name, word, label, logo, slogan, symbol, numeral or device used to differentiate its goods or services from the other goods or services of similar form or use. A Trademark, when registered, becomes the Intellectual Property used for commercial purposes by the company and gives certain Intellectual Property Rights (IPR). These IPRs prevents anyone from using, selling, copying or distributing the registered Trademark without proper permission or license. Any person which can be individual, company, proprietor or legal entity claiming to be the owner of the trademark can apply.  A Trademark registration can be done if it is distinctive and original. Any mark that is identical or similar to an already existing registered Trademark cannot be registered. Any trademark that is deceptive, offensive, generic or containing a protected emblem cannot be registered. The Trademark Act, 1999 lays down the provision for registration of Trademark and the Controller General of Patents Designs and Trademarks deals with trademark registration in India. Once the ® symbol is assigned to the Trademark, it is valid for 10 years, which can be easily renewed for another 10 years. The process to register a Trademark online includes preparing an application for Trademark registration after all the documents are submitted. After this, the application or the Trademark registration form is submitted to the Trademark Registrar for approval. The owner can start using the Trademark immediately after the application is submitted. The application is then processed and open to objections. In case of no objections, the Trademark Registrar publishes an advertisement in the trademarks journal and after 6 months, the Trademark is registered. Documents required for filing a Trademark Application in India: Trademark or logo copy Applicant details like name, address and nationality and for a company: the state of incorporation Goods or services to register Date of first use of the trademark in India, if used by you prior to applying. Power of attorney to be signed by the applicant Advantages of Obtaining Trademark Registration Prima-facie evidence of ownership of the trademark. Important asset for your business or company and contributes to the goodwill generated. Gives you stronger enforceable rights to prevent others from using the trademark in connection with the goods or services for which it is registered. Trademarks can be sold, licensed or assigned. Registration usually covers the whole of India. Protects the innocent public from buying goods of second-rate quality. Read More

Posted at 05:23 PM, 06 Feb 19 | 1 Answer

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Buzzfeed has the right to sue you for infringement of a trademark. You must consult the top IPR Advocates in India to help you with the infringement issue. Trademark Infringement in India is defined under Section 29 of the Trademarks Act, 1999. Infringement refers to the unauthorized use of a trademark by an unauthorized person. The mark may be deceptively similar or identical to a registered trademark. The following are the constituent elements of Trademark Infringement: Unauthorized person refers to any person who is not the owner or has been granted the license to use the trademark. The test for determining infringement is to determine if the mark is deceptively similar or identical to the registered trademark, i.e., how likely is the general public to get confused by the use of the said mark. If the general public is likely to get confused between the marks, it is a clear infringement. Only a registered trademark may be infringed. In case of an unregistered trademark, the concept of passing off shall be applied. To establish that there has been an infringement, the goods or services that are deemed to be infringing must be similar or identical to the goods or services that have the registered trademark. Infringement of Trademark may also be indirect. Indirect infringement holds all such people who induce the direct infringers to commit the infringement liable. You must consult expert IPR Attorneys in India to help you with the infringement issue. Contact us at 011-331-38-123  or visit our website to talk to expert lawyers to resolve your legal issue. Read More

Posted at 11:07 PM, 14 Sep 18 | 1 Answer

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A logo or Trademark can be transferred if your Private company sells or licenses the logo to your LLP. You need to get a licensing or sale agreement drafted by a good lawyer to transfer your logo from your PLC to LLP. Read More

Posted at 11:36 AM, 06 Jun 18 | 1 Answer

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You can file an application for copyright registration before the Registrar of Copyright, Delhi. The govt.fee for filing a copyright application for literary work is Rs. 500 (per work). We specialise in IP services predominantely Indian and International Trademark, Copyright Registration. Read More

Posted at 07:25 PM, 18 Feb 18 | 2 Answers

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For your first query: It is assumed by everyone that if any franchise does something wrong, the franchisor will be vicariously liable for all the acts of the franchise. BUT, it is not the case everytime. If you have a separate clause in your agreement with the franchise or if the franchisee is operating independently, then you cannot be held liable for any of the wrong deed of the franchise or its employees. So, in order to avoid legal suits against you, you can go for any of the options mentioned.   For your second query: You can add a consent clause on your job portal both for the job seekers that the information will be disclosed for the specific purpose of jobs to the employers and also take an assurance from the employers that the information will not be misused by them. You also put a disclaimer on your portal that in any case of misuse of information by the employers, you will not be held responsible. This will protect the main owners of the brand from any legal action against them.  Read More

Posted at 10:29 AM, 25 Jan 18 | 1 Answer