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Trademark Registration Process in India

Trademark Registration Process in India Securing a trademark is vital for businesses aiming to protect their brand identity. In India, the trademark registration process is governed by the Trade Marks Act, 1999, and administered by the Controller General of Patents, Designs, and Trade Marks. Here's a step-by-step guide to understanding and navigating this process. 1. Trademark Search Before filing an application, conducting a comprehensive trademark search is crucial. This step ensures that your proposed mark is unique and not already registered or pending registration, thereby minimizing the risk of objections or legal disputes. 2. Filing the Application Once the search confirms the uniqueness of your mark, the next step is to file the trademark application using Form TM-A. The application should include: Applicant's name and address Representation of the trademark Specification of goods or services (as per the NICE classification) Power of Attorney (Form TM-48)...

PROTECTING IP RIGHTS WITH JOHN DOE ORDERS: CASE STUDIES AND LEGAL INSIGHTS

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  INTRODUCTION In today's globalized and highly digitized world, protecting intellectual property (I.P.) has become increasingly complex. With the proliferation of the internet, online platforms, e-commerce, and O.T.T. platforms, I.P. owners face unprecedented challenges in enforcing their rights against infringers who often operate under the cover of anonymity. Whether counterfeit goods sold on online marketplaces, pirated films distributed through illegal websites, or trademark violations by unknown entities, I.P. holders frequently encounter situations where the infringer's identity is unknown or difficult to ascertain. The traditional legal approach of suing a named defendant becomes ineffective in such scenarios, creating a need for a more flexible solution. This is where the concept of John Doe orders (also known as Ashok Kumar orders in India) comes into play. These orders are issued by courts to prevent unknown defendants from committing further infringements of i...

Mutual Agreement Procedure and Mandatory Arbitration (BEPS Action) and India’s stand

MAP is a mechanism laid down in tax treaties to ensure that taxation is in accordance with the tax treaty. This can also be invoked when a tax payer suffers or is likely to suffer an adverse action during transfer pricing audit to avoid economic double taxation. In the event that his case falls under the domain of Article 24 (1), then a similar instance of the candidate can be displayed to the skilful state expert of which he is a national. The case ought to be exhibited inside the three years of such notice. The citizen for the situation can summon the MAP where he considers that the activity of it is possible that one or both the gatherings will make erroneous burden of assessment. It is not required that the mischief has as of now been brought on. In the event that the individual can secures any irregularity in the duty structure, which he is subjected to, he can summon the same under the MAP procedures. As said under the article 2...

Navigating the Role of Regulations in Telemedicine: Bridging the Gap between Innovation, Quality of Care and Patient Protection

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  INTRODUCTION Telemedicine is defined as "the use of technology (computers, video, phone, messaging) by a healthcare professional to provide diagnosis and treatment to patients in a remote location." [1] It has been shown that telemedicine is quite useful, specifically in underserved populations, where there is a lack or insufficiency of clinical treatment in, for example, remote locations. Indeed, telemedicine and telehealth services, tried and tested to be reliable and cost-effective, are today very widely available in both the developed and developing world. [2] Although the term "telemedicine" was self-promotional, it came into being in India in the year 1999, and the country's government started realizing its potential in 2000. In the year 2001, ISRO introduced the country's first SATCOM-based telemedicine network. [3] It connected Apollo Hospital in Chennai to Apollo Rural Hospital in the hamlet of Aragonda in Andhra Pradesh. The Department of ...