Team Legistify | Legistify

Team Legistify
Answered on 22 Oct 2019

A Limited Liability Partnership (LLP) is a combination of a Partnership Firm and a Private Limited Company in which the owners have limited liability. It was introduced in India under the Limited Liability Partnership Act, 2008. The primary benefit of incorporating a business as a Limited Liability Partnership is that in an LLP, one partner is not responsible or liable for another partner's misconduct or negligence. There are several compliances required by a company when launching its new product, and each compliance is industry-specific. Consult our startup lawyers in India to get all your LLP compliances handled.Read More

Posted on 23 Mar 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 20 Oct 2019

The general rule is that a Trademark is valid only in the country it is registered and a person in another country may get the same trademark. However, the exception to this rule are: The mark is a well-known mark, such as Puma, Lays, etc. The mark has international trademark registration. The company in China has a branch office in India and holds a trademark registration in India as well. Read More

Posted on 23 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 05 Sep 2019

You cannot name "Lakme gold" as your business trademark as it is a well-known Trademark already registered by the Lakme brand. If you proceed with the same it will be considered as an infringement and your application will be surely rejected.Read More

Posted on 04 Sep 2019 | 2 Answers

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jul 2019

With respect to your query, the legal opinion is as under:- (1) Trademark Registration provides the proprietor with the right for exclusive usage of the trademark with respect of the services or goods covered under the mark. (2) Once you have registered the trademark, it prevents others from copying or using it. (3) You may also sell or license your trademark. (4) Trademark provides legal protection for your brand name. (5) It helps build an image in the market place.Read More

Posted on 19 Feb 2017 | 2 Answers

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jul 2019

With respect to your query, the legal opinion is as under:- (1) As per the Trademarks Act, 1999 statute that lays down the laws for Trademarks in India. (2) A trademark can be a registered trademark as well as an unregistered trademark. (3) Registration is not mandatory in India, but it is advisable to do so. However, both have certain benefits and drawbacks. (4) A “registered trademark” confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services. (5) An “unregistered trademark” is one which does not possess legal benefits.Read More

Posted on 19 Feb 2017 | 3 Answers

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jul 2019

With respect to your query, the legal opinion is as under:- It's not permitted in law to use or copy existing trademark for your goods or services mark.Read More

Posted on 16 Mar 2016 | 2 Answers

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 05 Jul 2019

The victims of cybersquatting can deal with it in the following ways:- Arbitration under ICANN’s rules, Trial in a State or Federal court. For a fast track form of resolution, a case could be filed with the registry handled by National Internet Exchange of India (NiXI). In India, the Information Technology Act, 2000 contains no provisions to punish cyber-squatters nor does it provide for any legal compensation but, the registry has taken steps to provide compensation to the victims. Still not clear with the information you can consult our IPR law experts in India they can help in your case.Read More

Posted on 29 Jun 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jun 2019

With respect to your query, the legal opinion is as under:- (1) Please note that a trademark can be registered in country or internationally., Kindly check in the register of the trademark in India or USA or Internationally if the questioned trademark is registered or not. (2) The prior user of a trademark is given preference irrespective of later registration. (3) You can also collect evidence with complete information as to who is the prior user. (4) Based on the result of aforesaid advise, you may proceed with the registration.Read More

Posted on 18 Jun 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 16 Jun 2019

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 on 14 Jun 2019 | 1 Answer

Harini S | Legistify

Harini S
Answered on 03 Jun 2019

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 on 17 Apr 2019 | 1 Answer