Trademark Opposition New Rule and Old Rule comparison

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Trademark Opposition New Rule and Old Rule comparison

Trademark Rules 2017 has new changes when compared to earlier Trademark Rules 2002. Particularly, with regard to the opposition, opposition counter, and affidavit evidence.

The following table clarifies the replaceable Rule numbers under the new rule 2017.

Trademark Act/Rules Act 1999 Old Rule 2002 New rule 2017
Notice of Opposition 47 42
Requirements of Notice of Opposition 48 43
Counterstatement 49 44
Evidence in Support of Opposition 50 45
Evidence in Support of Application 51 46
Evidence in Reply by Opponent 52 47
Further Evidence 53 48
Exhibits 54 45, 46, 47
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Things to remember when you make consumer complaint

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Things to remember when you make consumer complaint.:-

Consumer Complaint can be filed on the following grounds.

1) Deficiency of Service.
2) A defect in the product supplied.
3) Unfair Trade Practices.

Normally, an affected person may think that approaching to a consumer court thinking that he can resolve his issue, and he would be getting an immediate remedy. However, I would advise you to give yourself a second thought before you decide to file a complaint. Because you should exhaust prior remedial mechanisms.  Ex. Banking ombudsman should be exhausted to move to RBI ombudsman and then to a Consumer …

Downtrend of Tamil Nadu

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Since, the episode of J.Jayalalitha’s surprised demise, followed by Jallikattu protests, Coup like moment of AIADMK, change of OPS to EPS as Chief minister, imprisonment of Sasikala, R.K Nagar election violations, corruption, and all other administrative problems like ineffective liquor control, water problems, drought, farmer issues, plot registration problems and overall deficiencies in the administration. Tamilnadu’s political affair is demonstrating the downtrend of the Developed status of the State to undeveloped state. A long ago, Bihar used to be like what Tamilnadu is today.

The circumstances look like, citizens of Tamilnadu may have to expect some unexpected happenings in the …

The Patent, Trademark Facilitators and the meaning of Startup

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The Patent and Trademark Facilitators and the meaning of Startup: 

How do the facilitators benefit the Startups and self?

There are two documents which should help to understand the purpose of Trademark, Patent, & Design Patent Facilitators, and How their services would help the Startups.

First Document issued by the  MINISTRY OF COMMERCE AND INDUSTRY, Department of Industrial Policy and Promotion vide notification dated 17th February 2016,  G.S.R. 180(E).- ‘Startup India’, which is an initiative for creating a conducive environment for startups in India. In this aspect,  various Ministries of the Government of India have initiated a number of activities …

Raja vs SPB Copyright rights in a wrong context!

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Recent copyright issue escalated by the world-famous music composer illayaraja has created a mass awareness about the intellectual property law. I mean, more than the authors and the legal fraternity, the common public got an awareness about copyright, especially about cinema songs.

However, whether royalty claims by illayarja subsists with the copyright protection, to him as a composer, or SPB infringing the copyrights knowingly or unknowingly.

There are 2 aspects in this issue of copyrights and royalty on cinema songs.

  1. Who is the original Author?
  2. What does the copyright law say?

1) Original Author: Songs from Indian cinema are not …

Infringement of unregistered copyright.

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Action on unregistered Copyright Infringement.  An interesting article from  Adam

source: http://www.legalmatch.com/law-library/article/unregistered-copyrights.html
Once a work is “fixed” in a “tangible medium of expression,” it is automatically protected by copyright. Registration is not necessary to receive copyright protection. An unregistered copyright entitles you to reproduce, sell, and perform the copyrighted work. Beyond this, your rights are limited if your copyright is not registered, especially if you have distributed your work through a copyleft agreement.

Bringing Suit for Unregistered Copyrights
You cannot bring a suit for copyright infringement without first registering your copyright. It is possible to sue for an injunction, which …

Whatsapp and Facebook is not good for emotional societies – I am banning it

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I do agree the facebook and whatsapp have dominated the hands and minds of billions, of course helped their founders to earn billions. As a user, I appreciate the technology used and interface and liberty to practice own journalism and so on…

It helps to get back to old friends and colleagues, at the same time it gives lot of hand ache, finger ache, eye ache, and time ache. After 8 years of facebook use, I have arrived at a stage, my thoughts and mind somehow became dominated by the status thoughts and thoughts for status.

Though, it might seem …

Whether online selling directories help you, when you are affected by a fraud, or if you have been cheated?

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A stereotypic reply you might get from the famous online selling and buying websites and mobile based apps.  Example, olx, quikr or any other website etc.

The first problem you might have is that you might not even have an access to the customer support team, and their office address, suppose even if you are able to make a contact the support,  after long waiting over the phone, the reply you might get would be unsatisfactory..

We understand that your grievances and queries are in relation to the functionality of example… www.abx.in (Website). Please understand that www.abx.in  is …

The Tamilnadu Societies Registration Act, Membership, Duties and Responsibilities

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Some Glimpses of Societies Registration. Tamilnadu Societies Registration Act 1975.

Panch Sheel Policy, every society shall adopt the five policies every year.

  1. Annual Member List
  2. Declaration of functioning
  3. Receipts and expenditure account
  4. Balance Sheet
  5. Auditors report.

Crucial items and due dates for presentation /filing /issues  / convening.

  1. Memorandum, Bye-Laws – Sec 4(1) Within 3 months from formation
  2. Registered Office or Change of Address Rule 15 Within 3 months from registration or within 3 months from change of address
  3. First Member List On registration within 1 month of registration
  4. Change of Members/Committee – Within 3 months of date of change
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Consumer Court Fees in Tamilnadu

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According to the Chennai District’s Consumer Disputes Redressal Forum, The following court fees as Postal Order or DD applies.

Indian Postal Order or DD in favour of “The President, DCDRF, Chennai(South/North), Chennai -3. Please note, there are two DCDRF in Chennai, one for the South Chennai and another for North Chennai.

sl.no       Amount of Dispute              Fees

________________________________

1          Rs.1 to 1,00,000                             Rs.100

2.        Rs.1,00,001 to Rs 5,00,000         Rs.200

3.        Rs.5,00,001 to Rs 100,00,000    Rs.400

4.        Rs.10,00,001 to Rs. 20,00,000   Rs.500

________________________________

 

Devarajan G

Advocate – Madras High Court.
+9884487191

 

Where complaints can be registered?

District Consumer Protection Council

…