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FAQs
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Do you think UPSC is always beyond the lakhs of aspirants and 1000s of coaching institutes in term of paper setting?
Thank you for A2A.Yes and No both . UPSC PRELIMS is beyond 1000 coaching institutes who do not understand the demand and nature of exam and lakhs of aspirants who blindly depend on them.But UPSC PRELIMS is most predictable and safe exam if you understand it . I myself has proved by clearing all 6 prelims back to back with huge margins( 145- GS1).Let me explain YOU (Ladies and Gentlemen)This is the breakup of subjects this yearHere only 20 were pure current affairs. Other 12 were contemporary topics and were 1 year old so can’t be categorized as current affairs directly. Thus the bulk of questions came from Static and FundamentalsSantosh Sir Prediction before exam :Now read what I had predicted before exam.I had categorically suggested that this year they will focus on Fundamentals and static. Reading and following websites and mugging up stupid compilations will be a waste of time.I had asked to read newspapers , the Hindu .Most of questions are picked from The Hindu like the species one ,etcMy subject distribution was also close.Which section in the prelims 2019 is expected to give more questions according to the trend?I request you go through all my posts and see how relevant they were for PRELIMS 2019.I had strictly warned not to read bulky govt scheme compilation , it was suicidal . I had suggested only few . And I was bang on - only one scheme came which i had suggested Atal innocation mission.1. In India,'extended producer responsibility' was introduced as an important feature in which of the following?(a) The Bio-medical Waste (Management and Handling) Rules, 1998(b) The Recycled plastic (Manufacturing and Usage) Rules, 1999(c) The e-Waste (Management and Handling) Rules, 2011(d) The Food Safety and Standard Regulations, 2011My Topic List 3.5 Important topics from environment “ Extended Producer Responsibility”2.Under Ramsar Convention, it is mandatory on the part of the Government of India to protect and conserve all the wetlands in the territory of India.3. The Wetlands (Conservation and Management) Rules, 2010 were framed by the Government of India based on the recommendations of Ramsar Convention.3. The Wetlands (Conservation and Management) Rules, 2010 also encompass the drainage area or catchment regions of the wetlands as determined by the authority.Which of the statements given above is / are correct?(a) 1 and 2 only(b) 2 and 3 only(c) 3 only(d) 1, 2 and 3My Topic List Important topics from environment : Ramsar Wetland3.As per law, the Compensatory Afforestation Fund Management and Planning Authority exists at both National and State levels.2. People's participation is mandatory in the compensatory afforestation programmes carried out under the Compensatory Afforestation Fund Act, 2016.Which of the statements given above is / are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2CAMPA Compensatory afforestationMy Topic List Important topics from environment: CAMPA4. In the context of which one of the following are the terms 'pyrolysis and plasma gasification' mentioned?(a) Extraction of rare earth elements(b) Natural gas extraction technologies(c) Hydrogen fuel-based automobiles(d) Waste-to-energy technologiesMy Topic List : Waste to energy5. In India, the use of carbofuran, methyl parathion, phorate and triazophos is viewed with apprehension. These chemicals are used as(a) pesticides in agriculture(b) preservatives in processed foods(c) fruit-ripening agents(d) moisturising agents in cosmeticsMy Topic List 3.5 Important topics from environment:: Stockhom-Persistant Organic Pollutatnt5. Why is there a great concern about the 'microbeads' that are released into environment?(a) They are considered harmful to marine ecosystems.(b) They are considered to cause skin cancer in children.(c) They are small enough to be absorbed by crop plants in irrigated fields.(d) They are often found to be used as food adulterants.My Topic List 3.5 Important topics from environment: Dead Zones in Ocean6. Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:1. PVTGs reside in 18 States and one Union Territory.2. A stagnant or declining population is one of the criteria for determining PVTG status.3. There are 95 PVTGs officially notified in the country so far.4. Irular and Konda Reddi tribes are included in the list of PVTGs.Which of the statements given above are correct?(a) 1, 2 and 3(b) 2, 3 and 4(c) 1, 2 and 4(d) 1, 3 and 4My Topic List Important Environment Topics :PVTGs in A&N( Tribes)7. Which of the following are the reasons for the occurrence of multi-drug resistance in microbial pathogens in India?1. Genetic predisposition of some people2. Taking incorrect doses of antibiotics to cure diseases3. Using antibiotics in livestock farming4. Multiple chronic diseases in some peopleSelect the correct answer using the code given below.(a) 1 and 2(b) 2 and 3 only(e) 1, 3 and 4(d) 2, 3 and 4My Topic List Important Anti Microbial Resistance and Policy8. With reference to Mian Tansen, which one of the following statements is not correct?(a) Tansen was the title given to him by Emperor Akbar.(b) Tansen composed Dhrupads on Hindu gods and goddesses.(c) Tansen composed songs on his patrons.(d) Tansen invented many Ragas.9. Consider the following statements:1. Saint Nimbarka was a contem-porary of Akbar.2. Saint Kabir was greatly influenced by Shaikh Ahmad Sirhindi.Which of the statements given above is/are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2My Topic lis :Kabir and Akbar10. Consider the following statements:1. Most of India's external debt is owed by governmental entities.2. All of India's external debt is denominated in US dollars.Which of the statements given above is / are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2Debt11. Which one of the following is not the most likely measure the Government/RBI takes to stop the slide of Indian rupee?(a) Curbing imports of non-essential goods-and promoting exports(b) Encouraging Indian borrowers to issue rupee denominated Masala Bonds(c) Easing conditions relating to external commercial borrowing(d) Following an expansionary monetary policyRBI steps to check currency devaluation12. In the context of India, which of the following factors is/are contributor/ contributors to reducing the risk of a currency crisis?1. The foreign currency earnings of India's IT sector2. Increasing the government expenditure3. Remittances from Indians abroadSelect the correct answer using the code given below.(a) 1 only(b) 1 and 3 only(c) 2 only(d) 1, 2 and 3Answer: bCurrency Crisis13. Which of the following is issued by registered foreign portfolio investors to overseas investors who want to be part of the Indian stock market without registering themselves directly?(a) Certificate of Deposit(b) Commercial Paper(c) Promissory Note(d) Participatory NoteP notes14.1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.Which of the statements given above is / are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2My Topic List : Amendments15. Building 'Kalyaana Mandapas' was a notable feature in the temple construction in the kingdom of(a) Chalukya(b) Chandela(c) Rashtrakuta(d) VijayanagaraVijayanagar empire (Themes part II) (chap 6)16. Atal Innovation Mission is set up under the(a) Department of Science and Technology(b) Ministry of Employment(c) NITI Aayog(d) Ministry of Skill Development and EntrepreneurshipMt Topic List : AIM17.1.The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.44th AmendmentWhich of the statements given above is/are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2Amendments and HC18. Purchasing Power Parity (PPP) exchange rates are calculated by comparing the prices of the same basket of goods and services in different countries.2. In terms of PPP dollars, India is the sixth largest economy in the world.Which of the statements given above is / are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2GDP -PPP19. With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?(a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.(c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.(d) State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.Advisory Jurisdiction20.1. As per recent amendment to the Indian Forest Act, 1927, forest dwellers have the right to fell the bamboos grown on forest areas.2. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.3. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.Which of the statements given above is / are correct?(a) 1 and 2 only(b) 2 and 3 only(c) 3 only(d) 1, 2 and 3FRA 200621. In the context of polity, which one of the following would you accept as the most appropriate definition of liberty?(a) Protection against the tyranny of political rulers(b) Absence of restraint(c) Opportunity to do whatever one likes(d) Opportunity to develop oneself fullyLiberty22. Consider the following statements:1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.Which of the statements given above is/are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 244th amendment23. The- motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.2. The Constitution of India defines and gives details of what Constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India.3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.Which of the statements given above is/are correct?(a) 1 and 2(b) 3 only(c) 3 and 4 only(d) 1, 3 and 4Judges removal24. Asiatic Lion Conservation Project ( endangered, canine distemper virus, Gir, Pania sanctuary)25. What is common to the places known as Aliyar, Isapur and Kangsabati?(a) Recently discovered uranium deposits(b) Tropical rain forests(c) Underground cave systems(d) Water reservoirsAnswer: DIndian Major Dams- New dams26. Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?(a) Third Schedule(b) Fifth Schedule(c) Ninth Schedule(d) Twelfth Schedule27. The Ninth Schedule was introduced in the Constitution of India during the prime ministership of(a) Jawaharlal Nehru(b) Lal Bahadur Shastri(c) Indira Gandhi(d) Morarji DesaiSchedules28. In the context of which of the following do some scientists suggest the use of cirrus cloud thinning technique and the injection of sulphate aerosol into stratosphere?(a) Creating the artificial rains in some regions(b) Reducing the frequency and intensity of tropical cyclones(c) Reducing the adverse effects of solar wind on the Earth(d) Reducing the global warmingClimate engineering –carbon capture, Bio char, stratospheric aerosol injection29. Consider the following:1. Deification of the Buddha2. Treading the path of Bodhisattvas3. Image worship and ritualsWhich of the above is/are the feature/ features of Mahayana Buddhism?(a) 1 only(b) 1 and 2 only(c) 2 and 3 only(d) 1, 2 and 3My Topic list :Buddhism features30.The Environment Protection Act, 1986 empowers the Government of India to1. state the requirement of public participation in the process of environmental protection, and the procedure and manner in which it is sought2. lay down The standards for emission or discharge of environmental pollutants from various sourcesWhich of the statements given above is/ are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2My topic List :EPA31.1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit'.2. The above-mentioned Act was amended five times.3. The term 'Office of Profit' is well-defined in the Constitution of India.Which of the statements given above is/are correct?(a) 1 and 2 only(b) 3 only(c) 2 and 3 only(d) 1, 2 and 3My Topic List Polity : Office of profitoffice of Profit32.1.According to the Indian Patents Act, a biological process to create a seed can be patented in India.2. In India, there is no Intellectual Property Appellate Board.3. Plant varieties are not eligible to be patented in India.Which of the statements given above is/are correct?(a) 1 and 3 only(b) 2 and 3 only(c) 3 only(d) 1, 2 and 3My Topic List :Indian Patent and Farmer right33.In the context of wearable technology, which of the following tasks is/are accomplished by wearable devices?1. Location identification of a person2. Sleep monitoring of a person3. Assisting the hearing impaired personSelect the correct answer using the code given below.(a) 1 only(b) 2 and 3 only(c) 3 only(d) 1, 2 and 3My topic List :Cyber Physical System34.Recently, scientists observed the merger of giant 'blackholes' billions of light-years away from the Earth. What is the significance of this observation?(a) 'Higgs boson particles' were detected.(b) 'Gravitational waves' were detected.(e) Possibility of inter-galactic space travel through 'wormhole' was confirmed.(d) It enabled the scientists to understand 'singularity'.My topic List :Gravitational waves35.Consider the following pairs:Movement/OrganizationLeader1. All India Anti-Untouchability LeagueMahatma Gandhi2. All India Kisan SabhaSwami Sahajanand Saraswati3. Self-Respect MovementE. V. Ramaswami NaickerWhich of the pairs given above is/are correctly matched?(a) 1 only(b) 1 and 2 only(c) 2 and 3 only(d) 1, 2 and 3My topic List :Self-respect movement37. Consider the following pairs:SeaBordering country1. Adriatic SeaAlbania2. Black SeaCroatia3. Gaspian SeaKazakhstan4. Mediterranean SeaMorocco5. Red SeaSyriaWhich of the pair given above are correctly matched?(a) 1, 2 and 4 only(b) 1, 3 and 4 only(c) 2 and 5 only(d) 1, 2, 3, 4 and 5My Topic List :black Sea and Mediterranean Sea-38. With reference to the Legislative Assembly of a State in India, consider the following statements :1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year .2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.Which of the statements given above is/ are correct?(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 239. With reference to Indian National Movement, consider the following pairs:PersonPosition held1. Sir Tej Bahadur SapruPresident, All India Liberal Federation2. K. C. NeogyMember, The Constituent Assembly3. P. C. JoshiGeneral Secretary, Communist Party of IndiaMy Topic List :Constituent assemblySantosh Sir Elimination Techniques:Can you share your intelligent guessing tricks?40 . With reference to Asian Infrastructure Investment Bank (AIIB), consider the following statements1. AIIB has more than 80 member nations.2. India is the largest shareholder in AIIB.3. AIIB does not have any members from outside Asia.Which of the statements given above is / are correct?(a) 1 only(b) 2 and 3 only(c). 1 and 3 only(d) 1, 2 and 3Answer: aHere statement 2 and statement 3 can be eliminated because they are extreme. You can read what I had advised in my intelligent guessing tricks.41. What was the purpose of Inter-Creditor Agreement signed by Indian banks and financial institutions recently?(a) To lessen the Government of India's perennial burden of fiscal deficit nd current account deficit(b) To support the infrastructure projects of Central and State Governments(c) To act as independent regulator in case of applications for loans of Rs. 50 crore or more(d) To aim at faster resolution of stressed assets of Rs. 50 crore or more which are-under consortium lendingAnswer: dHere option c and d can only be the answer as they are common.42. The Chairmen of public sector banks are selected by the(a) Banks Board Bureau(b) Reserve Bank of India(c) Union Ministry of Finance(d) Management of concerned bankAnswer: cTopic List : Banking bsics43. Consider the following statements:1. Petroleum and Natural Gas Regulatory Board (PNGRB) is the first regulatory body set up by the Government of India.2. One of the tasks of PNGRB is to, ensure competitive markets for gas.3. Appeals against the decisions of PNGRB go before the Appellate Tribunals for Electricity.Which of the statements given above are correct?(a) 1 and 2 only(b) 2 and 3 only(c) 1 and 3 only(d) 1, 2 and 3Answer: bHere also extreme statement like First in option 1 can be eliminated. Thus we get the answer.44. With reference to communication technologies, what is/are the difference / differences between LTE (Long-Term Evolution) and VoLTE (Voice over Long-Term Evolution)?1. LTE 'is commonly marketed as 3G and VoLTE is commonly marketed as advanced 3G.2. LTE is data-only technology and VoLTE is voice-only technology.Select the correct answer using the code given below.(a) 1 only(b) 2 only(c) Both 1 and 2(d) Neither 1 nor 2Answer: dTopic List : 5G 4 G.45. Which one of the following is not a sub-index of the World Bank's 'Ease of Doing Business Index'?(a) Maintenance of law and order(b) Paying taxes(c) Registering property(d) Dealing with construction permitsAnswer: aHere option a is unrelated to the question , thus can be eliminated easily. Other 3 deals with doing business.Some indirect Topics46.The Chairmen of public sector banks are selected by the(a) Banks Board Bureau(b) Reserve Bank of India(c) Union Ministry of Finance(d) Management of concerned bankBanking basics:47.Which of the following is not included in the assets of a commercial bank in India?(a) Advances(b) Deposits(e) Investments(d). Money at call and short noticeMy Topic list :Banking48. With reference to the cultivation of Kharif crops in India in the last five years, consider the following statements:1. Area under rice cultivation is the highest.2. Area under the cultivation of jowar is more than that of oilseeds.3. Area of cotton cultivation is more than that of sugarcane.4. Area under sugarcane cultivation has steadily decreased.Which of the statements given above are correct?(a) 1 and 3 only(b) 2, 3 and 4 only(c) 2 and 4 only(d) 1, 2, 3 and 449. Consider the following statements:A digital signature is1. an electronic record that identifies the signNowing authority issuing it2. used to serve as a proof of identity of an individual to access information or server on Internet.3. an electronic method of signing an electronic document and ensuring that the original content is unchangedWhich of the statements given above is / are correct?(a) 1 only(b) 2 and 3 only(c) 3 only(d) 1, 2 and 3Answer: dMy Topics list - Digital India51. Which of the following statements are correct about the deposits of 'methane hydrate?1. Global warming might trigger the release of methane gas from these deposits.2. Large deposits of 'methane hydrate' are found in Arctic Tundra and under the seafloor.3. Methane in atmosphere oxidizes to carbon dioxide after a decade or two.Select the correct answer using the code given below.(a) 1 and 2 only(b) 2 and 3 only(c) 1 and 3 only(d) 1, 2 and 3My topic List : Climate change and oceans and Deep Ocean Mining.There are many more which I didn’t include because they were indirect.My point here is if you understand the nature and demand of exam , its easy. I have done it not once but six times . You can also do it.But you have to cut the clutter. If you read and follow unnecessary online stuff daily which UPSC will never ask , you are bound to lose as your precious time will get wasted.For free mains guidance :( AsksantoshSir- telegram)How can I join the PGP program for 2020?We are starting mains guidance in a week . I will continue guiding you in this journey . But always remember
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How do I get a single status certificate from India?
ok i wanted to apply for single status certificate and every one was wierd with their answers so here is the detail about how i got mine.STEP 1 - you have to get a notary document from any notary shop nearby and add these points,a) you are a citizen of india with passport number and your parents name and your residence addressb)mention that you are single and free to marry either in india or outside the borders and you can mention your date of birth that is necessary too.step 2 - go to the SDM office of your area and get the SDM stamp on the document, dont get tehsildar or executive magistrate or assistant of sdm sign on it because it wont be used or approved by the MEA(ministry of external affairs). it will take your day or 2 because these sdm mostly never at there office and the assistant or employees of government wanna give you a run around so they will just push you away. NOBODY IN THE GOVT OFFICE EVEN KNOW ABOUT THIS SO BE READY TO DEAL WITH UNEDUCATED AND UNETHICAL PEOPLE OF ERA WHO WILL WASTE YOUR TIME JUST FOR A STAMP. if they ask you how could i believe you that you are single then you need to show them a decleration from your parents that you are free to marry ( it is not necessary according to the law.step 3 - Google apostile services nearby and go to the company who does apostile and give them the sdm stamped notary document. this is the easiest one you will get it in a day. as MEA dont take docs personally so you have to go through a company. they cost around 75 rs to get everything done. dont get in the trap of people who say its for 4k or 7k rs coz it just cost 100rs not more than that. when i was outside india i signNowed out to these companies they said almost 7k-24k to get everything done. as well you can write a letter of authorisation to authorise your brother or family member to do everything for you if you are outside india.
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Is there a LegalZoom for Mexico?
A Quora inquiry is neither legal advice nor attorney work product. I am not your lawyer.While the answer others have given (“No”) is correct, I’d like to argue some of the reasoning.TL;DR:It’s not. As of right now, it’s only available in the U.S., although there have been plans announced to acquire a lawfirm in the UK. See: LegalZoom to make first UK acquisitionA note on other answers to this questionThe claim that “Mexico is not standardized” is at least as false as the claim that the U.S. is. Let me elaborate:For most of the reasons people need LegalZoom, which is fairly standardized documentation like wills, company charters of incorporation, or real estate deeds.Both the United States and Mexico are Federal countries, which means, among many other things, that some laws governing these documents (like tax laws stating how much tax should a corporation pay and how) are Federal, but most laws setting forth how the company is set up are State laws. (In Mexico’s case this is slightly different - most stock companies would be governed by Federal law, because they would be considered comerciantes (merchants) and therefore be subject to merchantile laws which are Federal - but I digress.)For the sake of example, if you wanted to incorporate a company in Mexico, you would have to go to a (State) Notary Public (who is a licensed attorney in Mexico), he or she would either draft the articles of incorporation or revise the ones you have drafted, seal the articles of incorporation and thereby issue a formal incorporation deed, then enroll the corporation into the Public Registry of Property (State) or Commerce (Federal) depending on whether the company is considered a merchant, and enroll the company with the Tax Registry (Federal).Depending on what the company does, its contracts and its activities will sometimes be regulated by State laws and sometimes by Federal laws - but this is at least as true for the U.S. as it is for Mexico.For example, in Mexico, only Federal authorities can authorize banks, whereas some U.S. states retain the power to issue State-only banking licenses; a Federal authorization is part of the myriad requirements needed to open a private hospital or import a medical device into Mexico, whereas in some limited cases, the U.S. allows State authorities to do it.As an important final note, it bears pointing out that, unlike the U.S., where State bar accreditation is required to practice law (which has raised interesting challenges for LegalZoom already - see Settlement Allows LegalZoom to Offer Legal Services in N.C.), in Mexico, all licensed attorneys can practice throughout the country. Recently, there have been attempts to change this through legislation, but to this date, they have not prospered.The ChallengeMany of the “traditional” criticisms for the lack of innovation in the global legal sector are doubly or triply true for Mexico, where the Chambers Tier 1 lawyers in each practice area have shown very similar names throughout at least the last 20 years. The pressure for top-tiered Mexican lawyers and lawfirms to innovate usually does not come so much from the innovative technologies making waves in other jurisdictions, but rather, from the competition that arises from the integration with (or assimilation by) “global” (but really mostly U.S.) law firms to smaller Mexican firms. (See for example Jones Day to Open New Office in Mexico City | Law.com, Baker & McKenzie, DLA Piper Beef Up Presence in Mexico | The American Lawyer, Greenberg Traurig’s Mexico City Office Celebrates 5th Anniversary | News | Greenberg Traurig LLP, to mention a few).In terms of legislation, Mexico is arguably on the vanguard of technology adoption - on paper. Contracts that are considered “commercial” acts for purposes of Mexican Federal commercial laws can, in theory, be valid if executed by e-mail, digitally signed, and even digitally signNowd if the law requires that they be, since at least 2005. The recent Fintech Law draft bill would have provided a fairly robust legal framework for a number of fintech market participants, from debt and equity crowdfunders to payment system providers and cryptocurrency exchanges, but it got suspended because of the earthquake and is in hiatus at least until Congress’s first ordinary sessions period.However, Mexican contracting parties have been slow and distrustful to adopt these new changes - I drafted my first memo on a client consult of the legality of digital contract in 2012, and saw my first digitally signed contract last week - this despite the fact that since 2003, the Mexican tax system requires all taxpayers to have an electronic signature that complies with the legal safety standards, and which can, in theory, be used to sign contracts.A lot of this resistance comes from the (correct or incorrect) appreciation in the market that Mexican courts would not necessarily understand or agree that a digital contract was concluded at a given point in time, despite the apparent clarity of “black letter law” in the matter.Nevertheless, many lawyers, including me, believe that this reluctance to embrace innovation can be overcome if and when more lawyers are the first to embrace these changes.The opportunityAs the 15th economy in the world, with a small-but-growing startup ecosystem greatly bolstered by government support across many administrations and more than one governing party, with many global corporations having a relatively strong presence, and with its proximity to the U.S., Mexico is an attractive destination for tourism, foreign investment, and even expats. These people all need legal services, and they would much prefer a service they are familiar with than a lawyer who, on occasions literally, doesn’t speak their language.In addition, the domestic market often complains about the fact that it does not understand what it is paying for when it retains legal services; especially when many lower-tier notaries and lawyers simply push forward their templates of legal documents and expect to charge for that.LegalZoom’s “self-help” offer of standardized documents with a ‘wizard’-type assistant to fill in blanks can be expanded fairly easily to include a repository of standardized Mexican documents in Spanish language, and rapidly complemented with natural language processing and machine translations (reviewed by Mexican lawyers who speak the client’s language) to prepare legal documents with their “courtesy translations” included for the client.Likewise, its more comprehensive offers, which include packages of legal consults with a licensed specialized attorney, can be resolved quickly by partnering with local firms much in the same way LegalZoom already does in the U.S. - without the added problem of needing one partner per state.In a limited number of cases, partnerships with notaries and digital certification service providers could allow LegalZoom to turn its standardized documents into actual signNowd deeds, certified digitally - thereby reducing duplication and messaging costs for both LegalZoom, its partners, and ultimately, the client.The marketA key factor for the success of a startup is its capacity to adapt its product to the markets it caters for. In this respect, LegalZoom’s market requires a fairly tech-savy customer - someone who, in addition to needing the service, at the very least owns a home computer and has relatively good internet access.Unfortunately, and despite a signNowly growing trend of further digital inclusion, this is still not true for an important sector of the Mexican market.The problemThe greatest resistance to change comes from the legal industry itself ( and by industry, I mean this in the broadest possible sense - including judges, officials and regulators). If judges cannot be convinced that the digitally signed contract is, in fact, a contract, or, for that matter, if trustees, banks, government officials and private counterparties still refuse to accept electronically signed documents or what they view as machine-generated content, LegalZoom would have to engage in costly litigation to get its document accepted.Furthermore, even this dire picture fails to take into account the reaction that traditional lawyers are likely to have to LegalZoom’s competition.ConclusionLegalZoom would, without a doubt, be welcome by clients in Mexico. Probably not so much by lawyers and regulators (but these resistances can be overcome). None of this is new for LegalZoom. The question, then, is whether the existing market for legal services in Mexico is best served by services provided in the form of a digital platform with self-help tools.I personally think it would be a great opportunity for LegalZoom.PostscriptLegalZoom - if you’re listening, should you ever take an interest in the Mexican market, some of us are very interested in seeing this change. It makes sense to signNow out to younger lawyers (myself included) and notaries public who can probably help.
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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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