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One question I am often asked regarding trademarks whenever I discuss IP law with a group of young budding students, entrepreneurs or startup companies is “How to register a trademark in India?”. There are several articles and blogs that explains how to register a trademark in India in one way or the other but I hope that this post will be comprehensive enough to answer most of them.A trademark is anyword (PEPSI, COCO COLA, PEPSODENT),name (RAYMOND VEIL, CHRISTIAN LOUBOUTIN),surname (TATA, BATA, BAJAJ),signature (LOUIS PHILIPPE),letters (BMW, IBM, HDFC),numeral (555, 501),symbol (MERCEDES BENZ THREE POINTED STAR, ADDIDAS PYRAMID),device (AMUL GIRL, PILLSBURY BOY),color scheme (PIZZA HUT, DOMINOS),packaging (CADBURY’S),shape of goods (COCO COLA BOTTLE)or any combination thereof that identifies and distinguishes the source of the goods of one party from those of others.When the mark is used in respect of services then the mark is also commonly referred to as Service Mark. Ex: DHL, HILTON, INFOSYS are service marks. However, since the distinction between goods and services are not always clear, the term trademark is often used to include service marks as well.What is classification of goods and services or classes?When you file an application for registration of a trademark you need to mention the list of goods/services for which you intend to use your trademark. India follows an international system of classification called the “Nice Classification” according to which the goods and services are categorized into 45 classes, with goods covered in classes 1 to 35 and services covered under classes 36 to 45.If the trademark is AMUL the goods for which it is used are “cheeses” and the class will be “29″. Likewise if the trademark is EXPEDIA the services for which it is used are “Online reservations and information regarding travel etc” and the class will be 39.If you do not know which class or classes your goods or services fall in, please use the Classification search tool euroclass or the list of goods/services as published by the Indian trademark office.Search the records of the Indian Trademark Office – Online!Prevention is better than cure. Before you file an application for or consider using your trademark, search the records of the Indian trademark office to check if someone has already chosen the same or a similar trademark. You will have to search the exact class of goods and services for which you will be using your trademark. If you see any similar trademarks already on the records of the trademark office, it should raise a red flag! You will now have to carefully analyze each and every trademark and take a call on going forward with the same mark or possibly changing your trademark so that you don’t infringe another’s trademark rights.Search using Google.One of the best things that happened in this century– Punch in your trademark at Google and viola! Magic! Merely because a trademark is not filed for registration with the trademark office, does not mean it is available for you to take. In a common law country like India, usage of a trademark gets importance over filing an application/obtaining registration for a trademark. Search using Google and see if anyone is using the trademark you want to adopt. If you see a similar mark do a bit of research to see how much they have used their mark, period of usage, goods or services for which is it used, has the mark gained any reputation etc. More importantly, compare the marks yourself and decide whether your trademark will infringe the rights of the other person. Your few minutes of research will save you from the risk of choosing deceptively similar marks, resulting in lengthy oppositions and infringement action costing time and money. a. File an application with the trademark office.Congratulations! You have cleared the first two hurdles. Give yourself a pat on the back for discovering that you are going to have exclusive rights on your trademark, and proceed with filing a trademark application. You can either file a paper application with the Indian Trademark Office (TMO) or file an application online at http://ipindia.nic.in. You will require a digital signature and an Axis/SBI bank account for filing the application online. The official fee is INR.3500 (approx USD 70) per mark/class.If you are a foreign entity who wants to protect your trademark in India, consider claiming priority.India is a member to the Paris Convention and signatory to the TRIPS agreement. Hence an application can be filed in India claiming priority from the application filed in a foreign country, provided the foreign application was filed not earlier than 6 months from the date of filing the application in India.Required information:a. Name of the person/organization that will own the rights to the trademark (applicant);b. Address of the applicant;c. Nature of business of the applicant; (Ex:Manufacturers, Merchants, Traders, Service Providers)d. Trademark;e. Class;f. Specification of goods or services;g. Date of first use of your mark in India;h.When priority is claimed:(i) Priority date;(ii) Priority application number;Priority Country.Required documents:a. Application form in duplicate;b. Representation sheet in duplicate;c. When priority is claimed:(i) Certified copy of the priority application.d. Official fee by way of cheque/demand draft or cash.Trademark Offices and their Jurisdiction:There are five trademark offices in India and in which office your application is to be filed depends on your registered office address. If you do not have an address in India then the trademark office is decided on the basis of the address of your legal counsel.The jurisdiction of each trademark office is as follows:Mumbai – State of Maharashtra, Madhya Pradesh and GoaNew Delhi – State of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Union Territory of Delhi and ChandigarhKolkatta – State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim , Tripura and Union Territory of Nagaland, Andamar & Nicobar Island.Ahmedabad – State of Gujarat and Rajasthan and Union Territory of Damman, Diu, Dadra and Nagar HaveliChennai – State of Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and Union Territory of Pondicherry and Lakshadweep Island.Once the application is filed the trademark office issues a filing receipt and one copy of the representation sheet stamped with the application number and the filing date as proof of filing the application. You can thereafter see the status of your trademark application online using the application number.b. Examination of your trademark application.In approximately seven to nine months the trademark office will send you the examination report either citing the objections consisting of absolute or relative grounds or both, or, in the absence of any objections allowing the application to be published in the upcoming trademarks journal for a third party to raise objections to the registration. The time to respond to the examination report is 30 days from the receipt of the same and this deadline cannot be extended. So it is important that you file a response with the trademark office within the deadline of 30 days.The objections under absolute grounds are that– your trademark is not distinctive; i.e.: your trademark is not capable of distinguishing the goods and or services of one person from those of others.– your trademark is descriptive or devoid of any distinctive character; i.e.: your trademark directly refers to the goods or services for which the protection is sought. Ex: Trademark FAIRBEAUTY filed for cosmetics under class 03 cannot be registered.– your trademark is a generic term or is customary to trade; Ex: APPLE for fruits, SOFTWARE for software services cannot be registered.The objections under absolute grounds can be over come by stating that your trademark has acquired distinctiveness by extensive usage over a period of time and that the public in general, identifies your product or service by your trademark and that the public identifies only you in relation to your trademark and no one else. Documentary evidence is required to be filed in support of your claim along with your response.The objections under relative grounds are: the existence of similar trademarks on the records of the trademark office.The objections under relative grounds can be over come by stating that your trademark is different from the other cited marks in the examination report.In what ways your trademark is different from the others needs to be explained in detail. Submission of documentary evidence of extensive usage of your trademark will also help you to strengthen your case.c. Hearing before the examiner.In about six months from filing your response to the examination report, the trademark office will either allow the application to be published in the upcoming trademarks journal for a third party to raise objections to the registration or fix a hearing by sending you a hearing notice with a date and time to meet the examiner and explain why your trademark should be allowed to proceed towards registration. This opportunity should be exploited to explain to the examiner, the evidences filed at the time of responding to the examination report in detail and to submit additional evidence. Subsequently the examiner will pass an order either allowing or refusing registration of your application. If it is a refusal, you can appeal against the order of the examiner before the Intellectual Property Appellate Board (IPAB) with 15 days of such refusal.d. Publication of the application in the trademarks journal.Within two to three weeks from the date of the examiner’s order to publish the trademark, the trademark application is published in the trademarks journal. You can download the trademark journal and check if your mark has been advertised. After the expiry of four months from the date of publication of the trademarks journal in which your mark was published, check the status of your trademark application online and if there are no objections to your trademark by way of oppositions filed by any other person, write a follow up letter to the trademark office requesting registration of your trademark and issuance of your trademark registration certificate.In the event of any person raising an objection to your trademark application by way of an opposition, the trademark office will notify you of the objection along with the copy of the notice of opposition as filed by the other party. Opposition proceedings are complicated and we suggest that you consult your legal counsel.e. Registration of your trademark and issuance of the registration certificate.If no objections are received by way of oppositions to your trademark application within this four month period, the trademark office will grant registration to your trademark and issue the registration certificate. Once you receive the registration certificate peruse the contents of the certificate to ensure that there is no discrepancy in the data and in case of any, bring it to the attention of the examiner and have it rectified.f. Renewal of your trademark registration.Every trademark registration is valid for a period of ten years from the date of filing the application. An application for renewal of a trademark registration can be made six months prior to the expiry of the registration. The renewal fee is INR 5000 (approx USD 100) per mark/class. A trademark can be renewed every ten years and thereby protected indefinitely.With an economy of a billion people, you should consider applying for a trademark registration at the nascent stage of your business to avoid time consuming and expensive litigation to protect your rights.Raja Selvam - rselvam@selvamandselvam.in

So I'm the founder and CEO of ApproveMe and the WP E-Signature WordPress plugin [ https://www.approveme.me/wp-digital-e-signature ] which focuses 100% on legally binding documents and UETA & ESIGN compliance in the WordPress space. Being an eSignature geek myself, I have the same concerns you do about the vulnerability (and enforceability) of eSignature based documents. I can only tell you how we handle this... All WP eSignature signed documents and signatures are kept hidden and encrypted on the server at all times, using a GUID encryption sequence. If a hacker ever attempts to unencrypt a document and change so much as a period to a comma the document will automatically throw a 404 Document not found message and alert all parties associated with the document that their document has been tampered with. If this were to happen you could prove in court that the document was tampered with and not the original document that you eSigned.

I was Shaken. Felt VOIDAnswer is going to be very long - I have not expressed my feeling to anyone after that day so here is lengthy answer (yeah - another Introvert !). This happened in PUNE.It was a good day with blue cloudless sky and warming temperature, I woke up early since I was in first shift so started earlier to office.signNowed office, had some work that I owned and went with colleagues for breakfast, when came back noticed HR and manger were discussing something in meeting room, I continued my work, until interrupted by manger to come along with him, so I did.In Meeting RoomM: How are you Mr. XXX?me: I am well and good , feeling quite good today.M: hmm, so Mr. XXX, how many years you have been working for XYZ and how was your experience so far ?me : (what the hell he is asking me this, wondering why he is asking this question to me) completed 2.5 years so far (I joined as fresher there ) and told regular rotten things like feels good , good work culture,bla bla bla.M: okay, let me come to the point - there is feedback for you from team mates that you are not doing well and keeps sleeping at nights when you are in night shift , your attitude towards work is not good. Is that true ?me : (I was shocked for few mins and I took me while to get out of it )I am sure there must be some misunderstanding, this is not true (In my mind, I smelled something fishy )M: Well, Mr. XXX, I have feedback in written for you and that must be true and I don’t think it might be some misunderstanding. Let me call HR to join here ( I came to know this later that this was pre-planned and both HR and manger were already hand in hand)While waiting for HRme : (sweated, my throat went dry ) -felt anxious, my heart was beating fastlyM: waited calmly with mild smile on his faceHR joins meetingHR: how are you Mr. XXX,M: hmm, he is quite frightenedHR: hey XXX, relax, do you want to drink some water ? (while opening a bottle )me: did not utter a single word (I was sweating )HR : Forcefully handed over water bottleme: did drink some waterHR : I have a news for you, we here are XYZ no longer require your services and you are relieved from today and you may leave after this meeting.me : what ? what ? (heartbeat on high, could not believe on my ears )HR: Relax, calm down, you will get your 2 months salary and relieving letter along with form 16 and pay slips, you may leave nowme : Almost broke into tears literally, my eyes were RED.HR and M : they were just watching me what I am going through.me: Sir, Madam, there is some misunderstanding here, I kept telling this is not true in different ways.HR & M : both silent - no words spoken.me : again - I kept telling and trying to explain.HR : Please leave your id at me and get your stuff and leave - otherwise I have to call securityme : (coming out of shock , I was explaining like a beggar to someone rich )I am from lower middle classed family, my father is retired from school as clerk and mother is housewife , I have responsibility of younger brother for his education and I have to support my family. (M was very well aware about my background )HR : (in somewhat harsher and loud voice) : Please get out.me : I literally grabbed HR and manager feet to show me some mercyHR : XXX, please leave ASAP.meanwhile, M calls security to escort me to the gate , few mins passed, a security personnel comes in and requests me to come along with him.me : while standing and giving merciful look to both - still hoping they will revert their decision and came out of meeting room and headed towards washroomI asked security personnel to wait outside washroom and let me wash me eyes that were much REDDER and shred me tears.I came out of washroom and asked security personnel to wait at main door and requested not to come by desk very politely, he agreed, went to my cubicle , did not show any sign for what happened, took my stuff as if I am searching for something from my drawer ,just so as not to take doubt among team mates , took my stuff and gave a smile back to team mates who were not having any idea that I am leaving PERMANENTLYI walked very SLOWLY with security guy and came out of building.signNowed room (there was no one at room- room mate was at job, we were just two guys )- I CRIED AND CRIED AND CRIED FOR HOURS - and for the first time in life I experienced GREAT VOIDI was constantly thinking of my family (I was unmarried then ) and their dreams, their hopes - all gone just like that !!(I always used to send 90% my salary to home for support and brother’s education so I was not having any big bucks in banks )On the same day - I got some many calls from my colleagues - news was spread finally , did not answered single one.They all came to meet me and I told what M told me about them and they said no one has given any feedback.I did not broke news to my home - I broke it when I went to home after 1.5 months.I broke it to my room mate after 2 days.Meanwhile - I decided to change my spends towards my lifestyle since I was only having 3k in my salary account and I have to live with that for at least 2.5 months since I could not ask for money at home.I used to eat just a SINGLE WADA PAO for a day and cup of tea - you heard it - just a single wada pao for a day and a cup of tea and I have to prepare for interviews as well with this empty stomach -Whenever I got interview call - I spent money for transport and skipped eating Wada Pao and shamelessly used to ask at interview locations if they are proving free meals for candidatesI lost almost 15–20 kgs in 1.5 monthsThis continued for 8 months and finally I got a decent job !!(I faced so many cross questions like why did you leave your job in middle while holding no offer - since it was mentioned by HR on releasing certificate that I am, XXX, wants to move on )P.S.Later I come to know that HR had hired someone from college pass out from M referral who was relative of M.There were no issues among team mates - my team was really decent team - just t0 be clear.My Room mate helped me a LOT during this periodForgive my poor English and grammatical errorsI moved on and LIFE HAS TAUGHT ME A GOOD LESSON THAT I WILL NEVER FORGET.

I was once offered $300,000 to pay off my mortgage if I deliberately put the company I was running - Matilda’s in Sydney - into liquidation. I refused and that refusal resulted in the company who offered it having to cooperate with us in order to maintain their business. They had been threatening myself and my staff - so that all ended.I was once told by a union organiser in Sydney at the Sydney Olympics building site that my arms would be broken unless I gave into his demands. I angrily refused and then let his little world know very loudly what he had said. He never bothered me again.As a U.K Department of Transport Vehicle Examiner I was also threatened- I was told I would end up at the bottom of the river. I still issued the defect notice for lack of vehicle maintenance.I was offered bribes and sales to falsely sign documents as an Australian Justice of the Peace when I ran my own business, Sydney Boat Sales. I never did and my honesty brought me sales.Being honest is fun exciting and fulfilling. Being honest is a pride and a virtue. You can apply your principles with your honesty and be held in high regard by those who trust you.It enables you to highlight criminal and evil circumstances and want to stop them.I have been honest all my life. I have made my living honestly.Honesty is not only a personal virtue it is a business principle.Soon I will using my honesty in my civil and criminal case against Theresa May and the United Kingdom Government.My honesty and my principles will put into question the legal position of Theresa May as Prime Minister and that of the U.K Government as a legal entity. This may mean that any agreements that Theresa May is party to will later have to be questioned as to their legal validity.Honesty and justice make excellent bedfellows when taking on a Government.My advice is ‘make your way in life honestly’ - it does pay.

“If you were in love with a person and they had you sign documents so they could receive undeserving SSI benefits and refuses to take your name off of the documents, what would you do?I would never sign such a document. My personal integrity is important, and I can’t think of a way that I could stay in love with a person who seriously asked me attest to a falsehood.So the answer is that I would never get to that point. However, were I to somehow find myself in the situation you describe, I would withdraw any lie that I foolishly set beside my name.EDIT: I thought about this some more, and you may have a legal issue if you knowingly swore to a false statement to the SSA. You may wish to consult a lawyer.

Simple DeathNo breathing, pulse not palpable, dilated pupils, not reacting to light – these are the 3 cardinal signs that we check before we declare that everything is over. It used to be that simple. But not anymore.But now, times have changed.‘Complex’ deathToday a patient on pacemaker, the heart continues to beat, on ventilator the breathing continues.In addition, ionotropic drugs make the heart muscle work harder, antibiotics ward off microbes to prevent infections, air-beds delay bed sores, dialysis stand-by if kidneys fail; making dying even more difficult, not just for the patient or their families, but for the doctor as well.So checking for breathing, and pulse for heart beat became pointless for such patients.That’s when we try to see if there is evidence of brain death. Tests like an EEG, caloric tests and dolls eye test tells us if the brain has some leftover function or not. Once brain death is confirmed, then we try to think if there is a chance and background of organ donation and if the family is likely to consider it. Most of us know our regular patient’s family very well. Once brain death is confirmed, the family is apprised and life support is weaned off (if organ donation is not planned).For most people, who die as result of a progressive natural illness, the doctor decides (in consultation with the family) not to put the patient on life-support system; after signing a legal document called DNR (Do not resuscitate).One way of avoiding ‘Complex’ death is to give an advance directive (AD) confirming that you yourself want not to be resuscitated (DNR).In many cases it would save your money and our time.I have given advanced directive for DNR myself, not that I wish to die, but I refuse to live connected to tubes and wires with aliens in green masks waiting for the ECG blip to stop.