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FAQs
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How do you register a trademark, such as company name?
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
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Can an ambulance pick me up from a hospital and take me to a different hospital without a cobra form, if I sign myself out?
There are two laws that broadly apply when considering your question; the Consolidated Omnibus Reconciliation Act of 1985 (COBRA) and the Emergency Medical Treatment and Active Labor Act (EMTALA).There are any number of reasons someone would want to go to a different hospital. I wouldn’t want to speculate on your circumstance.In practice, COBRA applies when someone who is not a patient at a hospital activates EMS from within the hospital or within 200 yards of the main hospital building not to include businesses or residences. Suppose you are a patient and for some reason you want to leave and sign out AMA. If, while you’re in any public space less than 200 yards away, you call 911 for transport to a different destination, you’ll quickly learn that we can’t do that. We will offer to assess you, give appropriate treatments, and transport you to the ER at that hospital.EMTALA, on the other hand, applies to people who are patients at a hospital (e.g. someone who asks for help at the ER or an admitted patient). It mainly prevents hospital from refusing to see patients who can’t pay. To send someone to a different acute care hospital, the law requires a transferring physician who has assessed the patient, a receiving physician at the other hospital who accepts the patient, an identified condition that has been stabilized, a reason for the transfer (which can include patient preference), and vital signs documented within 60 minutes of discharge.In days past, the hospital would provide a four-copy carbon EMTALA form to the transferring ambulance crew documenting the points of compliance. However, we’re inching ever closer to a paperless healthcare system and EMTALA forms were some of the first to go.Disclaimer: I’m no lawyer and I’m certain there are loads of points in these laws that I’ve never learned. My knowledge is in how they apply to emergency and non-emergent ambulance transfers.Thanks for asking. I hope this amswers your question.
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Can I give a form 112 condonation letter myself? Is it the necessary that the principal must sign it?
Your principal auditor has to definitely sign the form.. In fact the requirement of the form is that the principal should also agree for your additional course along with articles.
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Do some people feel that it is pretentious or superficial to compensate for, or explain your disability (given that they do not
I think this should be entirely up to the individual what or how much of their neurology or behaviour they wish to explain. We are not obliged to explain ourselves to anyone but we live in a society that is constantly judging and questioning diversity. This can make it more difficult for the neurodiverse to live freely and feel compelled to explain ourselves.The thing is we can explain ourselves and still be judged afterwards so it defeats the object. I think as long as we are happy in ourselves and know we are doing what feels right for us, it shouldn't matter.If we didn't live in such an inquisitive society and everyone could just act on instinct without over thinking, we'd all be happier. We'd all be more self-focused on fulfilment and not worrying what other people are doing or what they might think of us. But unfortunately, our society isn't like that so we have to obtain knowledge or understanding of our own personality and that of others just to feel less isolated. Having an understanding of your own behaviour can certainly help you to not feel as pressured to conform or feel like you don't know who you even are. But when it comes to explaining to others, unless you have forcibly changed too much of yourself in order to fit in it belong, I don't think it's necessary because those who already love you anyway were never judging you and everyone else don't matter because they never accepted you anyway.
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Does someone who was born with a hearing loss "hear" an inner voice?
I believe I am well qualified to answer this question. I was born Deaf and have been Deaf my whole life. I do not wear hearing aids or cochlear implants (and have no desire to wear either). I speak American sign language (ASL) and it is my primary language. I am a mother of two born-Deaf children, so our being Deaf is genetic for us.I have a 'voice' in my head, but it is not sound-based. I am a visual being, so in my head, I either see ASL signs, or pictures, or sometimes printed words.I process information through my brain, my eyes, my nose, my tongue, and my touch, all in the same way anyone would process their information. I just don't use my ears to collect or process information, as it does not make any sense for me. Sound doesn't have the same importance or emotional meaning for me, as compared to what it means for people who hear.
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How difficult is it to immigrate to Singapore, become a citizen & own a property?
Very easy! I did itGet hired by Singapore company - search for the job: MyCareersFutureIf a Company will decide to hire you, they will process application for Employment pass themselves - you will need just to sign form.If nobody will hire you - register your own company and hire yourself. (That’s what I did 14 years ago)Company registration is here-> Portal HomeBy April 15 of the next year go to - IRAS website and file your taxes (don’t forget to pay them too)After getting your First notice of assessment (tax) go to Immigration & Checkpoints Authority of Singapore and apply for Permanent Resident status (completely online application now)Once you become PR get two more year of working and paying tax and go to Immigration & Checkpoints Authority of Singapore site to apply for citizenshipEvery year about 20000 people actually receive singapore citizenship.I did it myself (started process in 2004 got my passport in 2011 - it took that Long because I also build company, get married in 2006, got kids in 2007 and 2009)And I have lowest chances (1.5%) due to my Caucasian race - Chinese, Malays and Indians have much bigger quota)Just ask me for helpProperty ownership is simple once you have citizenship - just search and buy www.propertyguru.com.sg/singapore
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How do i add an electronic signature to a word document?
When a client enters information (such as a password) into the online form on , the information is encrypted so the client cannot see it. An authorized representative for the client, called a "Doe Representative," must enter the information into the "Signature" field to complete the signature.
How to use electronic signature paint?
Here is how to use electronic signature paint:
1. Get started in this tutorial, and follow all steps.
2. Take your digital signature and print it on a piece of paper, paper that is not too thick. You can use a regular paper for that. We recommend paper with the same color as your skin, as it will ensure that your signature will be easy to see. If your signature does not fit on your paper, it will be very difficult to see on it.
3. Get a paint marker. You would be surprised how much this costs, and for good reasons. We've found cheap paint markers at local craft shops. If you can't make these yourself, then get a good brand like Tacky or Wet N' Wild. You can buy these at local craft stores, or you can buy them online. We buy ours at , where it costs just $ for a ounce bottle.
4. After you've purchased and used a paint marker, take that paint marker to a surface that is not too slick for ink to adhere to, and lightly paint your digital signature onto it. This will not be too messy, and it is a good idea to paint lightly, since the thicker the paint, the more ink that will be needed.
5. Place your signature on the paper that you want your digital signature on, such as a piece of newspaper.
6. Using the tip of the paint marker, apply very light pressure to the paper with a very light stroke. The lighter your stroke, the harder it will be to see. You want it to be very lightly brushed, without the brush leaving any ink on the paper.
7. Remove the paper from the paper hol...
What does the eSign act provide quizlet?
How do I know if a given eSign will work?
Will it work if I have a different e-identity than the one I had with my first eSign?
Which is better?
Is there a time frame or a time-space frame when you should be using eSign ( how long before an eSign should be used)?
Does the eSign require a change in identity?
Can I use my eSign as a proof of my current identity?
What if I don't understand the eSign or the way it works?
Are there any questions that are not answered in this FAQ?
What about a second e-identity?
I want to change my name to one of my choice. Is that possible?
How do I know if a given eSign will work?
Yes and no. It depends on the particular circumstances and the particular eSign.
What does the eSign act provide quizlet?
The eSign act provides two forms of evidence:
the first is the original and signed copy of the eSign
the second is a written statement made by the person who made the eSign.
The written statement must:
be in the person's signature
give the name and address of the person making the statement
identify the person by his or her own name and address – not by a reference to another person ( "I'm Peter" not "Peter's father").
The written statement is valid only for 30 days and, once it has been expired, can be renewed by the person who signed it. If this is a permanent change of name then a new e-identity document can be issued. There are also restrictions on whether a person may apply for an e-identity ( a person under 16...
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