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HELLO FRIENDS, today we shall delve into the process of executing a money decree awarded by a civil court. It is hard reality that even after obtaining a favorable order from the court of law, the interested parties need to wait for the real receipt of the money i.e. to say for the execution of the decree. Stages / steps for the realization of actual money are as under: Immediately after passing of the decree, the person in whose favor the order is passed i.e. the plaintiff has to apply for the certified copy of the decree / order  / judgment. Thereafter the said person is required to wait for the realization of the decree. Normally, the period of payment of money is mentioned in the order. Even otherwise, the plaintiff needs to wait for a period of atleast 90 days before filing the petition for execution in case the other party fails to pay the said amount. The said time of 90 days is basically the time period within which the other party against whom the order is passed can appro...

Hello friends, today we will discuss the current procedure adopted for attending a virtual / online hearing with respect to the trademark under objection. We have already covered different stages through which a mark goes after the same is filed, hence it is not repeated in this blog. Once a trademark is filed, it goes through examination and in case it is objected by way of an examination report, the applicant can file a detailed reply. After this stage, in case the registry is satisfied with the reply, the mark is accepted otherwise the same is listed for show cause hearing, which can be checked through the  online status of the mark by typing trademark status on google and then entering the application number on the site.  The steps involved in the online hearing are as under: - When the status of the trademark shows READY FOR SHOW CAUSE HEARING, the applicant or his attorney can check the date of hearing from the trademark site  by going on the TLA HEARING BOARD t...

Once a trademark gets registered, it gives an exclusive right to the owner to use the said mark with exclusion to all others. It means that registeration of a mark grants an exclusive right to the owner of registered mark. Such right is vested in accordance with Sec 28 of the Trademark Act, which in simple language says: 1. A registered owner has the right to use the mark in exclusion to all others. 2. Where two persons has got registered same or very identical marks, then they both shall have the right to use the said mark in exclusion to all others except among themselves. In other words, it means that if two or more persons got registered same mark for goods/services in same class, then they all can restrict everyone else from using it, but they cannot restrict each other. The above scenario can be explained with the help of the following example:  Suppose 'A' is the registered owner of the mark ABC  in class X, and 'B' is the registered owner of the mark   ABC in...

Hello friends, today we shall discuss the basic steps involved in registration of trademark. Broadly speaking, in order to protect the name of your business entity, one needs to get their name registered. In other words, get the trademark registered. Trademark generally be classified as a WORD mark or a logo i.e., referred as DEVICE mark. Although there are other types of trademark types like shape, sound, color etc. But the most common are Wordmark and Logo. The online fees fixed in case of individual/sole proprietorship/small enterprise is 4500/- rupees and in case of a company / partnership and others is 9000/- rupees. The trademark can be registered through online mode by paying the requisite fee and filing the form TM-A available on the official website accompanied by power of attorney in case the said mark is filed through an agent/attorney. Once the application is filed, an application no. is generated which is used for future correspondence. Following are the sta...

In recent times disputes between consumer that is buyer and real estate companies has been on the rise more so when the overall market went to a standstill during the time of COVID The buyers face two problems in this situation, on one hand the project in which they have invested delayed on account of default on the part of builders and on the other the banks from which the buyers have taken loan continue demanding the monthly instalments. As a result, the consumers did not have any other way but to approach appropriate consumer redressal forum Since a large number of buyers were aggrieved during the covid times, they all generally decide to file the case in representative capacity that is a class suit. I n such a situation when the buyers decide to file a complaint against the builder jointly the total sum of money for which all the buyers are aggrieved is added to determine the value of complaint for the purpose of jurisdiction. Also as recently held by Delhi High Court in su...