Are non-disclosure agreements the only way to go for protecting trade secrets and which legal areas deal with non-disclosure agreements.Read More

Posted at 12:22 PM, 14 Jun 19 | No Answers Yet

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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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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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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

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You can hire employees and can get your business idea copyrighted under your name. In India, the Copyright Office does not offer any comprehensive website registration service and every time on the website will be required to be registered separately and hence would require separate applications. This means that you cannot possess a blanket copyright over the entire website. But, over its various components. Copyright Registration and the grant of certificates are governed by the Copyright Act, 1957, and Copyright Rules 2013. The Copyright Office provides for an online mechanism to get your copyright registered and it has to be accompanied by a certain amount of fee. Read More

Posted at 07:22 AM, 21 Aug 17 | 1 Answer

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Design, Implementation, contents about new innovations, client information, publications etc., The above said are the part of website. So the copyright will be applicable not only for log but for all the information(audio,video,text) you publish. Read More

Posted at 03:17 AM, 05 Mar 17 | 1 Answer

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The Agreement on Trade related Aspects of Intellectual Property Rights of the WTO is commonly known as the TRIPS Agreement or simply TRIPS. TRIPS is one of the main agreements comprising the World Trade Organisation (WTO) Agreement. This Agreement was negotiated as part of the eighth round of multilateral trade negotiations in the period 1986-94 under General Agreement on Tariffs and Trade (GATT) commonly referred to as the Uruguay Round extending from 1986 to 1994. It appears as Annex 1 C of the Marrakesh Agreement which is the name for the main WTO Agreement. The Uruguay Round introduced intellectual property rights into the multilateral trading system for the first time through a set of comprehensive disciplines. The TRIPS Agreement is part of the “single undertaking” resulting from the Uruguay Round negotiations. This implies that the TRIPS Agreement applies to all WTO members, mandatorily. It also means that the provisions of the agreement are subject to WTO dispute settlement mechanism which is contained in the Dispute Settlement Understanding (the “Understanding on Rules and Procedures Governing the Settlement of Disputes”). The TRIPS Agreement is one of the most important agreements of the WTO. Read More

Posted at 01:42 AM, 02 Mar 17 | 1 Answer