Why terms and conditions, privacy policy are important for your website or online business in India?

Ever since the Information Technology Act 2000, some stringent stipulations have been imposed on online business entities relating to collecting and handling personal and financial information of customers. A business-specific terms and conditions should be one of the first prerequisite legal requirements and documents that you have in place when you are starting an online business. Consulting a specialist lawyer in Contracts and Cyber Laws and discussing what your business does, the key processes within your business and your typical customers are important things you should do first. Here are some reasons why you should consider? 1. Well written terms and conditions, privacy policy and other web agreements tell your customers how you do business and any do's and dont's...

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How to avoid trademark objections in India?

Trademark Objections Trademark objections are increasingly becoming common these days because of various reasons; one main important reason being lack of awareness among applicants and counsels who file applications.  Objections are raised by trademark examiners in the following circumstances: Trademarks that are not distinctive in character and not capable of distinguishing the goods or services of one person from those of another person, and consists of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services and consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices...

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What is next after trademark application? How to use trademark symbols in India?

After much contemplation, you now have successfully filed your trademark application and next what?  Okay, it is time to show-off or cause notice to the public regarding the usage of that trademark.  Let us see how and why we should do so. Why and how to use trade mark symbols? The symbols ®, TM and SM provide notice to the world that you are claiming trademark rights in any mark using these symbols. You may use the TM on marks identifying goods, and the SM on marks identifying services as soon as you have filed the application and allotted with an unique TM application number. You need not have a registration to use the TM or SM symbols. However, the...

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Almost 30K TM applications pending before Trademark Registry, India

As many as 30,221 applications are pending for issuance of trademark registration certificates due to shortage of manpower, Parliament was informed Monday. "Pendency in issuance of registration certificates for applications found fit for registration as on 30th April is 30,221. The main cause of the backlog in issuance of registration certificates is insufficient manpower due to vacant posts," Minister of State for Commerce and Industry, D Purandeswari said in a written reply to the Lok Sabha. She said that at present, 56 of the sanctioned 130 posts relating to Trade Mark Registry are lying vacant. The minister informed that the Office of the Controller General of Patents Designs and Trademarks has 11 offices in five cities. Of these, four are...

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Due Diligence – Is your online business or e-commerce website compliant with Information Technology Act?

Controlling Cyber Crimes Prevention of white collar crimes, especially socioeconomic offences and crimes related to computers, has been paid due attention over the years by the Indian Government.  After the recent amendment to the Information Technology Act, 2000, more provisions have been included to prescribe guidelines and punishment related to cyber crimes, from hacking to pornography. Cyber crime has become a profession and the demographic of your typical cyber criminal is changing rapidly, from bedroom-bound geek to the type of organized gangster more traditionally associated with drug-trafficking, extortion and money laundering. It has become possible for people with comparatively low technical skills to steal thousands of pounds a day without leaving their homes. In fact, to make more money than...

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World Book and Copyright Day, April 23rd

April 23rd of every year has been celebrated World Book and Copyright Day for over 17 years now by UNESCO.  The member states of UNESCO all over the world celebrate the power of books to bring the world together. Books play a vital role in dissemination of information even at this digital age where webpages, tablet PC and mobile phone are widely used. From UNESCO, "23 April is a symbolic date for world literature for on this date in 1616, Cervantes, Shakespeare and Inca Garcilaso de la Vega all died. It is also the date of birth or death of other prominent authors such as Maurice Druon, Haldor K.Laxness, Vladimir Nabokov, Josep Pla and Manuel Mejía Vallejo. It was a...

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