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WHATSAPP 91-8075113965   30 June 2013 at 15:23

Copy right act

sir,
i have an interesting query on copy right .

generally, if a person has written a literary work , the normal procedure is to obtain copy right by applying to the registrar whose office is at delhi .

but, one film script writer has told me that they used to send the hand written copy to their own address, by registered post and will keep it with them without opening the postal cover .
if some body comes with any claim on the same script, he can show the court that he has written the script and send it to his own address by registered post, which carries the seal of the post office with
date.

my question is whether this type of proof is valid in copy right ?
or, copy right has to be obtained from the delhi office ?

thanking you, sirs
advocate
salil kumar

09447536929

HAROON SHAIKH   20 June 2013 at 18:13

Division of property


my parent (mother & father)EXPIRED LONG AGO.

MY FATHER WAS HAVING A LAUDRY SHOP (UNDER

TENANCY RIGHT).WE ARE HAVING PVT.LANDLORD.

WE ARE FOUR BROTHERS & 2 SISTERS ALL ARE

MARRIED.I AM THE ELDEST SON.WE HAVE NOT

TRANSFERED TENANCY IN OUR NAME.THE LAUNDRY

BUSINESS WAS CLOSED DOWN 5 YEARS AGO.

DURING 2002,MY YOUNGER BROTHER HAS ESTIMA-

TE THE COST OF SHOP RS.28,000/- HAS AGREE

TO PAY ME RS.8,00,000/- AS MY SHARE.HE

(MY YOUNGER BROTHER) MADE AN AFFIDAVIT OF

MAKING PAYMENT WITHIN A YEAR BUT HE PAID

ME RS.6,00,000/- NOT AT ONE TIME BUT IN

INSTALMENTS WHICH IS NOT YET COMPLETED.

NOW DUE TO HIGH RISE IN REAL ESTATE, THE

VALUE HAS BEEN CHANGED TO RS.50,00,000/-

NOW.BUT MY YONGER BROTHER DO NBOT AGREE

WITH PRESENT VALUE & ASK ME TO LEAVE MY

RIGHT.

IN THE ABOVE MATTER SHALL I AM ELIGIBLE

FOR THE TENANCY RIGHT.

AS I HAVE NOT RELINQUISH MY TENANCY RIGHT

IN HIS AFFIDAVIT.STILL THE SHOP IS CLOSED

THERE IS ARREARS OF 3 YEARS OR MORE RENT

DUE TO LANDLORD.

GIVBE ME MY LEGAL ASPECT IN THIS MATTER.

THANKING YOU

A.SHAIKH










vijay   20 June 2013 at 11:14

Trade mark application status - objected plz help


we have applied for trade mark of our product logo with name.... but our application status is objected.... after the some time another person is used our company product name and our logo.... we have contact that person.. he is reply that i can use your company logo and name as per said my lawyer..you have no any right????/..you can not stop me?????

so plz kindly help to us...

how can we stop that person to use our logo and name in legal way...

and remedy to us for our application status is objected.....

plz urgent reply


EXAMINATION REPORT OF OUR TRADE MARK APPLICATION IS AS UNDER :::::::::::::---


The above mentioned application has been examined under the provisions of Trade Mark Act,1999 and Trade Mark Rules,2002 and the trade mark applied for is open to objection under the following sections :

1. The trade marks-which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service

2. The Trade Mark application is open to objection on relative grounds of refusal under Section 11 of the Act because the same/similar trade mark(s) is/are already on record of the register for the same or similar goods/services.The detail of same/similar trade marks is enclosed herewith

Save as provided in Sec. 12, a trade mark shall not be registered if, because of-its identity with an earlier trade mark and similarity of goods or services covered by; the trade mark; orits similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark,

Hence, the above application is liable to be refused. Accordingly, you are

requested to submit your response/submissions, if any, along-with supporting documents, with in One Month from the date of receipt of this Examination Report or you may apply for a hearing.

Please Note that if no reply is received or a request for a hearing is applied for within the above mentioned stipulated time ,the said application shall be treated to have been abandoned for lack of prosecution under Section 132 of the Trade Marks Act,1999 and there after the status of application in the computer database shall reflect the factual position

Advocate.Amol Choubal   20 June 2013 at 00:26

Tm-1 filing

Sir,

I am in the process of filing TM-1 in the nae of my firm.

I have checked the whole website of trademark registry (India).

I didn,t find the Electronic online TM-1 form

If the online form is available can you please send me the link

Regards
Amol Choubal

Member (Account Deleted)   17 June 2013 at 09:57

Famous tm under different class

Suppose if I apply for TM registration of some famous mark say 'CNBC' but under different class 42 for rendering online services of different nature.

Though, ofcourse the company concerned will file objections to my applications, but practically what are the chances that my application will survive or I will be granted a Trade Mark ?

saurabh saxena   12 June 2013 at 15:54

Property tax - 2013

Dear Sir,

In continuation to my earlier query, I have one another issue that I live on the second floor. My cousin's Family resides at 1st Floor and Ground floor. Due to dispute they are now not paying property tax of their floors in which they resides...but we want to pay the property tax of 2nd floor on which we resides. sir, plz what we could do as property is combined by three floor. so can we pay property tax of mine floor only, so that we could save us from future fines from MCD.

is the property tax rules allows us to pay property tax of separate floor.

VENKATESH HEGDE   11 June 2013 at 17:00

Patent act

Dear Sirs,

In a PCT request one of our employee signed the inventor signature on behalf of the company. Now we want to remove his name from PCT application. kindly let me know the procedure The application relating to United states.

regards

Venkatesh Hegde

NIKHIL   06 June 2013 at 23:04

Notice from court

Sir
We live in an undivided Ancestral house which is name of four persons. Three out of Four Owners sold their share to other Party's without the consent of All owners. Now, the Other Party wants partition. So, they filed a suit in Court but we don't want partition as there is no consent from our side when Three out of Four owners sold their share. So, we didn't except the Notice from court.
Please tell us is this Favorable for us to not to except the Notice and the New Party can become the owner of the property without our consent?

Shumaila Altaf   06 June 2013 at 03:24

Trademark

what happens to the trademark registered by partners after their partnership dissolves? also please if you could provide me a link of judgement relating to trademark infringement and what are the tests of similarities. Also a judgement in case the infringing trademark is exactly the same as the registered trademark.

supriya   05 June 2013 at 17:27

Help needed for filing a designed label and others

My friend is an engineer & has designed 5 different bottle label for a water company. In that the water company has requested to design 5 labels and told him that they would select only 1 from the 5. Being a fresher he is ignorant about agreements & laws pertaining to business. Without written agreement, he has designed and gave the same.

There was an oral statement by the company that Rs.25000/- would be paid for the design. But out of ignorance he has given all the 5 designs and was paid only Rs.5000/- in cash.

Now we would like to know:

1) How to register the design ?

2) He has registered with the Registrar of Creative Commission but he says he did not get any registration number. So how to go ahead with the Registrar of creative Commission ?


3) What we have to do further? We are not interested to go ahead straight away legally as the company has political background.

4) The Company management has selected 1 design and given for printing. What we have to do now ?

5)Further to that what we have to do ?

Please guide .................