How to get mutual consent divorce in India?

A mutual consent divorce in India is a process where both parties agree to end their marriage without the need for a prolonged legal battle. Under Indian law, a mutual consent divorce can be obtained in as little as six months, provided that certain conditions are met. To obtain a mutual consent divorce in India, the following steps must be taken: Both parties must file a joint petition for divorce in a family court. The petition must state that the parties have been living separately for a period of at least one year and that they have mutually agreed to dissolve the marriage. Both parties must appear before the court and confirm that they have mutually agreed to the divorce....

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The Concept of Trademark Dilution in India

Trademark dilution is a legal concept that refers to the weakening or lessening of the distinctiveness of a trademark. In India, the concept of trademark dilution is covered under the Trademarks Act, 1999 and the Indian courts have recognized the importance of protecting famous trademarks from dilution. Trademark dilution can occur in a number of ways. One way is through the unauthorized use of a similar mark on different goods or services. For example, if a company that sells shoes uses a similar mark to a famous clothing brand, it can dilute the distinctiveness of the clothing brand's mark. Another way dilution can occur is through tarnishment, which happens when a mark is associated with negative connotations, such as through...

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Madras HC denies DMK’s plea to distributing essentials without prior permission from TN Govt.

Madras High Court

Amid the Corona situation, the Tamil Nadu State Government has warned NGOs, private organisations and individuals against the distribution of essentials to the needy. At first sight, the TN Govt's stance may seem displaced given the duress and distress people are undergoing amid the lockdown, but the reasoning behind the restriction imposed is to keep the pandemic situation in control. Noteworthy is the instance in Coimbatore where a man who returned from Delhi having traveled in the flight amongst other COVID-positive passengers who ignorantly engaged in social work despite being clearly advised to maintain a 14-day quarantine, exposing his contacts to COVID-19 virus. Both Central and State Govts. are facing extraordinary hurdles in balancing between controlling the pandemic and managing...

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Weaker Trademark! Are you stuck with a descriptive name?

A trademark that is descriptive of its goods and/or services cannot be trademarked as per Section 9 of the Trademarks Act, 1999. In the old trademark act, i.e., Trade and Merchandise Marks Act, 1958, which is fully replaced by the current 1999 Act, had allowed descriptive marks in Part B of the register. In Section 9 of the 1958 Act, a mark will be registered in Part A of the register if only the mark is distinctive and Part B allows for descriptive marks but is capable of distinguishing the goods from others. It is common for people to coin names that are geographically significant as well as merely descriptive for, what is misconceived, easier recognition and recollection. However, it certainly...

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How to do a Do-It-Yourself (DIY) trademark pre-clearance search in India

India does not have a first-to-file system unlike China and a prior user of a trademark is in an advantageous position and gets rights over a trademark. Therefore, it is imperative that due diligence measures are taken before choosing a trademark.  A trademark clearance search entails ascertaining trademark-ability, similarity and/or conflicts with pending or registered marks that are phonically, visually or conceptually similar to a proposed mark. A well-done trademark clearance search is critically important and constitutes 65% of the whole trademark registration process. Since the trademark process takes about 6 to 12 months until it is finally registered, an applicant after obtaining clearance from a trademark search can proceed to use the brand name, logo or slogan in the...

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