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Expert guidance on Trademark, Patent and Copyright for Indian businesses — straight from our team.

292 articles Page 7 of 15

Infringement in Patents

Patent Infringement means intrusion or encroachment upon the patent rights of patent holder or patentee, where the patent is valid and legally enforceable in a given territory (patent rights are territorial and the patent granted in a specific jurisdiction is valid and enforceable only in that particular jurisdiction). In India Patents Act, 1970 governs the

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Priority Date in Patent Applications

Priority date refers to the earliest filing date in collective patent applications. Where only one patent application is being filed, the priority date would certainly be the filing date of the sole application. If an applicant has filed a more than one related patent application, the priority date would be the filing date of the

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Law relating to Geographical Indications

The registration and protection of Geographical Indications is done in accordance with Geographical Indications of Goods (Registration and Protection) Act, 1999.This Act defines, Geographical Indications as an indication which differentiates goods as natural or manufactured goods as originating/ agricultural, or manufactured in a particular geographical territory, where a given quality, reputation or other characteristic of

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All about Digital Signatures in India and 2020 updates

Digital signature can be easily known as the electronic equivalent to the handwritten signature or stamps and seals. It is indeed a technique that mathematically validates the authenticity of a message, document and so on. It has some special features or benefits such as better inherent security and indeed solves the various issues such as

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Renewal of Patents in India

Once a patent has been granted for an invention in India, the next vital step is to ensure that it is renewed regularly and unceasingly. Section 53 read with Rule 80 of the Indian Patent Act deals with the renewal of patents. This can be done by the payment of Patent Renewal Fees diligently during

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Company Law Fresh Start Scheme- 2020

####Introduction The Ministry of Corporate Affairs (‘MCA’) has introduced Companies Fresh Start Scheme,2020 (‘CFSS Scheme’) under Section 460 read with section…

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Limited Liability Partnership Settlement Scheme 2020

###Introduction Limited Liability Partnership or the LLP has become the most preferred form of business over the last decade owing to the flexibility with offers to the partners apart from the benefit of limited liability. However in the recent times, it was brought to the notice of the government that a large number of LLPs

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Extension of Limitation Period for all Legal Proceedings Acknowledging the Lockdown on the Account of COVID19

Taking into consideration the chronic unstable situation prevailing in the nation, on March 23, 2020, the Apex Court of India took Suo Motu cognizance of the situation and by an order extended the limitation period in respect of filing of suits/appeals/applications and all other documents in all proceedings before any courts/tribunals/authorities in India. As per

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Differences between Trademark Infringement and Passing Off

##Trademark infringement Is an act of unauthorized usage of the mark or logo of the goods or services of a registered owner as one’s own goods and services, likely to cause confusion or some kind of confusion in the minds of the consumers. According to Section 29 of the Trademarks Act, 1999, the following acts

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What is the Dishonour of Cheque?

Since long time, transactions through cheques have been common in trade and most people still relies on payments through cheque. A great hardship is caused to a person if a cheque issued in his favour is bounced due to insufficiency of the funds from the account of the person by whom the cheque is been

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Concept of prior user in Trademark

Many Trademark owners think that once they have applied the Trademark and the mark got registered they are secure, but time and again we at Company360 have been focussing about the filing of right Trademark application along with concrete evidences. Trademark Act in India has many facets and has different rights for registered Trademark user

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What is Commencement of Business

In terms of a layman, ‘business’ generally means regular occupation, trade or profession. There are various rules and legislation that were and are being…

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How to transfer a trademark in India

##What is Trademark Assignment? Trademarks like any asset can be transferred by one titleholder to another in simple words can be transferred from owner to another person. The transfers could be made in the form of temporary arrangements through licensing or permanently through an assignment. The assignment of trademarks is a process by which the

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Why Trademark Litigation is also a Business Strategy?

Any great company or business is known only by and large by its Brand name. A brand name is single and foremost important identity of the product or services that any company provides. A Brand name or Trademark is what sells in market and overtime becomes the USP of any business.Any business may succeed or

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Difference between Trademark objected and Trademark status Formality check fail

Once a Trademark application i.e TM-A is filed, the Trademark application is set open for scrutiny. The Trademark application is judged on two parameter , firstly, whether the basic application content or the basic requirements required for filing a Trademark application are fulfilled or not. This means that application must have proper applicant name, proper

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