March 8

What is a Trademark – Some Basic Concepts

What is a trademark?

A Trademark is a sign, symbol or design of one person which distinguishes his product from the product of his competitor. A trademark can be a word, logo, pictures, color or combination of any of these. In a layman language a trademark is a sign or symbol which will differentiate his product from his rivals. a Trademark provides an identity to the business or services offered by an individual.

What are the essential features that a trademark should have?

There are two essential features of a trademark. The first essential feature is that it should be distinctive and second essential feature is that it should not be deceptive. Distinctive would mean that the trademark should be different from the product sold or services offered. The example of a distinctive trademark is apple for computer. Besides being distinctive a trademark should not be deceptive. Deceptive here means that the trademark should not be such that it misleads the consumer. An example of deceptive trademark would be having an iso registration mark for a product which does not have the certification.

What marks can be adopted as trademark?

The following are the marks which can be adopted as trademark:
Any name for invented name
Letters or numerals or combination of letters and numerals
Monograms
Combination of colours
Shapes of goods or their packaging
Three dimensional marks
Sounds when they are said in a particular fashion

What marks can be registered as Trademark?

According to the Trade Mark Act, 1999 the following types of trademarks can be registered in India:
1) Product trademarks which are associated with particular goods
2) Service trademarks which are associated with particular kind of service

What do the symbols TM, SM AND R signify?

The symbol ™ stands for an unregistered trademark once the application for registration has been filed.

The symbol ℠ signifies an unregistered service mark once the application for registration has been filed.

The symbol ® signifies a registered trademark. A remedy exists in law if a registered trademark is used by any other person except the owner of the trademark.

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February 27

Corporate Social Responsbility Provisions to come into effect from April 1st, 2014.

According to the Section 135 read with Schedule VII of the companies act which will come into force on 1st April, 2014, all companies with turnover of `1,000 crore and more or a net worth of `500 crore and more or net profit of `5 crore and more -will have to spend at least two per cent of their three-year average profit every year on CSR activity.

The notification is available at http://www.mca.gov.in/Ministry/pdf/CompaniesActNotification1_2014.pdf

The following important new activities have been included in Schedule VII:

(a) Promoting preventive health care and sanitation and making available safe drinking water;

(b) Setting up homes and hostels for women and orphans; setting up old age homes, day care centres and such other facilities for senior citizens and measures for reducing inequalities faced by socially and economically backward groups;

(c) Ensuring ecological balance, protection of flora and fauna, animal welfare, agro-forestry, conservation of natural resources and maintaining quality of soil, air and water;

(d) Livelihood enhancement projects;

(e) Protection of national heritage, art and culture including restoration of buildings and sites of historical importance and works of art; setting up public libraries; promotion and development of traditional arts and handicrafts;

(f) Measures for the benefit of armed forces veterans, war widows and their dependents;

(g) Training to promote rural sports, nationally recognised sports, paralympic sports and Olympic sports;

(h) Contributions or funds provided to technology incubators located within academic institutions which are approved by the Central Government;

(i) Rural development projec

From April 1, all 16,245 registered companies have to nominate three members for their CSR committee from their board..

To understand the various provisions and concepts regarding CSR please go to to http://ssglawfirm.in/corporate-social-responsibility-not-an-option-anymore/

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February 26

Will giving all property to only son

I, …………….. aged…………….. year, residing at………………….. do hereby revoke all my former wills and declare this to my last Will and Testament. I further declare that I am in good mental health and in a sound condition of mind.
I hereby revoke all former wills and codicils made by me and by this my last will bequeath and devise all my movable and immovable property whatsoever and wheresoever to my son Mr. ____ absolutely
I hereby appoint my son Mr.. _________ the sole executrix of this last will of mine.
IN WITNESS WHEREOF, I have to this my last Will set my hand this…………… day of ……………….
SIGNATURE OF TESTATOR
Signed by the above named testator in our presence at the same time and each of us has in the presence of the testator signed his name hereunder as an attesting witness.
WITNESSES:
1.…………………(Name and Address)
2.…………………(Name and Address)

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February 26

WILL

I, …………….. aged…………….. year, residing at………………….. do hereby revoke all my former wills and declare this to my last Will and Testament. I further declare that I am in good mental health and in a sound condition of mind.
1. I appoint Sh…….and Sh……………..to be the executors and trustees of this my Will.
2. I have my wife…………[NAME]. Unmarried, major son…………[NAME]. and one married daughter…………[NAME].
3. I own the following properties, (a) House……(b) Jewelry etc. (c) Shares in Companies (d) saving and fixed deposit bank accounts with………bank………….branch and some other movable and immovable assets.
4. I bequeath the following assets to my son (HERE write the description of properties)
5. I bequeath the following assets to my Daughter (HERE write the description of properties)
6. I bequeath to my wife all the rest of my assets, including, the balance in my savings bank account with the…………..bank……………..branch…………, cash and other movables and immovable properties.
8. I direct that any amount that may be determined as payable by me by way of debts, dues and liabilities, including direct and others taxes, charges, land revenue, costs, fees, and expenses to be paid by my son or wife.
IN WITNESS WHEREOF, I have to this my last Will set my hand this…………… day of ……………….
SIGNATURE OF TESTAROR
Signed by the above named testator in our presence at the same time and each of us has in the presence of the testator signed hereunder as on attesting.
SIGNATURE………….
SIGNATURE………….
WITNESSES:
1. …………………(Name and Address)
2. …………………(Name and Address)

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