Force Majeure Clause:Understanding the Importance of this Clause
Legal

Force Majeure Clause:Understanding the Importance of this Clause

Coronavirus was declared as a pandemic in March 2020 by the World Health Organization and since then the global economy has been hit the hardest with governments across the globe implementing stringent policies including lockdown to control the coronavirus outbreak. Due to this the force majeure clause is gaining a lot of attention and in this article, we will be discussing the important aspects of this clause.

Continue Reading about 1 months ago
Fundamental Duties
Legal

Fundamental Duties

The Fundamental Duties are the basic norms to be observed by the citizens towards their State. Fundamental Duties are mentioned under Art.51-A Part IVA of the Indian Constitution. They were added through 42nd Amendment 1976 upon the recommendations of Swaran Singh Committee to pay respect towards the Nation. The Fundamental Rights and Duties are correlative to each other.

Continue Reading about 4 months ago
Check the Trademark Class for your Business
Legal

Check the Trademark Class for your Business

Before applying for TM Registration, the very first thing that a person must do is determine the class or classes under which their products or services fall. There are a total of 45 TM classes that cover various goods and services. Classes 1 to 34 cover goods and classes 35 to 45 cover services.

Continue Reading about 8 months ago
5 Important Compliances for your Startup
Legal

5 Important Compliances for your Startup

For the past few years, India has seen a substantial rise in the development of Startups trying to establish their identity in the financial market of the world.  With many ambitious projects coming up, it becomes necessary that such new emerging businesses, however small or big they may be, conform to the laws, rules and regulations of the land.

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A guide to Corporate Insolvency Procedure
Legal

A guide to Corporate Insolvency Procedure

Insolvency and Bankruptcy Code,2016 (IBC,2016) came in to force on 28th May 2016. The law relating to reorganization and insolvency of corporate body is dealt with by this act.

Continue Reading about 9 months ago
Concept of Corporate Personality
Legal

Concept of Corporate Personality

Corporate personality is the creation of law. And as per the law, a corporation is an artificial person created by the personification of a group of individuals. The theory of corporate personality mainly states that a company has a legal identity different from its member. Both English and Indian laws follow the concept of corporate personality.

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8 things you must be aware of if you are a startup
Legal

8 things you must be aware of if you are a startup

As entrepreneurs, we want to innovate, experiment and do every thing possible in a different way. In this fast-pacing world, survival is the most important element for any new business that is being set up or is already there in the market. But, when it comes to legal structure, I'm sure nobody wants to run their brains and would keep it as simple as possible. 

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September 2019 Current Affairs
Legal

September 2019 Current Affairs

“Global Goalkeeper Award 2019 ” By: Bill and Melinda Gates Foundation Winner: PM Narendra Modi for Swachh Bharat

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Sources of the Indian Constitution
Legal

Sources of the Indian Constitution

Indian Constitution is an essential and fundamental document that forms the basis of the Republic of India. It is the origin of the state, the government, citizenship, rights, liberty & justice. However, it is often criticized for not being original per se, because many of its provisions are borrowed from other countries.

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International Trademark Registration
Legal

International Trademark Registration

The registration of a trademark in the domestic market is rather different from that in the international one as the benefits provided to the proprietor in both the cases differ significantly. The registration process provided for both of them is also different. Encouraging the registration of trademarks internationally was made possible because of the Madrid System. India consented to the system by becoming a signatory to the Madrid protocol and a member of the World International Property Rights Organisation (WIPO) in 2013.  

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Changes in the Motor Vehicles Act
Legal

Changes in the Motor Vehicles Act

The Parliament of India passed the new Motor Vehicle Act in July 2019, and it ensured that it is all over the news once it came into force on the first day of September.  

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All about Series of Marks
Legal

All about Series of Marks

Series marks or Series of trademarks refer to a plurality of marks which have either a common suffix or prefix. It is a relatively new concept, however, there are some provisions for it in the Trademarks Act of 1999. Series marks help form an association amongst the products as they fall within the same family of marks and distinguish them from the other range of products. These series of marks can be registered within one application whereby certain particular characters can be granted additional protection.

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Importance of Certification Mark
Legal

Importance of Certification Mark

Often we come across advertisements of a Prestige cooker stating that the product is 'ISI certified' or a warning issued in public interest asking the buyer to check their jewelry for a 'hallmark.'

Continue Reading about 10 months ago
An Overview of the Consumer Protection Act ,1986
Legal

An Overview of the Consumer Protection Act ,1986

It was with the emergence of the free market economy that the concept of “consumer is king”, widely followed and accepted.  The 20th century was marked by the advent of consumerism where there were frequent trade wars and conflicts between market share holders with a constant need to be better than the rest. This resulted in stiff competition with the traders resorting to unfair trade practises & manipulating the customers and took advantage of the lack of knowledge of the purchasers.

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What is The Motor Vehicles Act, 1988?
Legal

What is The Motor Vehicles Act, 1988?

The Law relating to Torts is based on the principle that every injury should have a remedy. The concept of compensation and providing damages step in at this very instance. “Compensation” is defined in Oxford dictionary as something signified to be given in recompense as opposed to the “damages” which is a value estimate.

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Collective Marks and their Advantages
Legal

Collective Marks and their Advantages

"Collective mark" means a trademark capable of distinguishing the goods or services of members of an organization of persons which are not a partnership within the ambit of the Indian Partnership Act, 1932, which is the owner of the trademarks from those of others, it is so defined in section 2(1)(g) of the Trade Marks Act, 1999. They are used by associations to relate themselves with a level of quality or accuracy. Associations have to ensure compliance of specific quality standards, only then the members can use the mark. The owner of the collective trademark can even be a public entity or a cooperative. The organization should be of a kind that is capable of suing and being sued. The primary purpose of a collective mark is to protect the consumer against misleading practices. Any group of people with a common goal may be considered a collective.

Continue Reading about 10 months ago
 How to Amend a trademark application
Legal

 How to Amend a trademark application

A trademark application, once submitted, can be subjected to specific changes to correct some information that had been provided by the applicant at the time of submission. The correction or an amendment to the application may be necessary for various reasons like incorrect entry or inaccurate filing of the trademark application. The Trade Marks Act 1999 and Rules 2002 authorize rectification of any error in the application made for a trademark. A wrongly registered mark or a mark wrongly remaining on the register may also be rectified under the Trade Marks Act.

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What are different IPR Legislations and their implementation tools?
Legal

What are different IPR Legislations and their implementation tools?

The concept of Intellectual Property Rights can be traced back to the 15th century when Venetian Law in 1474 gave us insight into what the concept of patents was and later, it was the invention of the Guttenberg’s printing press in the same century that introduced us to the world of copyrights. The doors to Intellectual Property Law have remained open, ever since.

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