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deepti jain   04 June 2013 at 17:23

infringement of trademark



"there is no similarity of look and appearance of the defendant's trade dress/logo was that with the plaintiff trademark".

I need a supported judgments on the aforesaid mentioned statement.

Member (Account Deleted)   30 May 2013 at 11:42

Permission to file a patent application abroad

Dear all,

If there are two applicants for a patent application and one of the applicant is from India and another from US

Does the Indian applicant has to file FORM 25 for filing the patent directly in another country other than India?

Anonymous   24 May 2013 at 22:17

probate of a will.

Respected experts,

Can anyone guide me through the procedure for probate of a will? How much time does I take?

sagar   23 May 2013 at 23:33

documents to be prepared after fathers death for transfer

Dear experts@ club,

Would be grateful if you experts can guide me through the procedure for getting the flat transferred to my mothers name from my fathers name who just passed away a few day back. Alsi advise if do I need to have that particular document registered with the registrar?

jai prakash   22 May 2013 at 09:41

Regarding occupied home

Sir my father's brother occupied our home as they were living in the home from last 20 years and i want to be vacated house from them so please tell me what to do and what to do if somebody outsider interferes in our matters and what to do of the outsiders.

Glenn   13 May 2013 at 23:05

How to apply for a trade mark online

I have visited the http://ipindia.nic.in/ website to apply for a TM online

But I was unable to register

Can anyone please guide me though the procedure

phani   13 May 2013 at 15:23

Member

Dear sir
i would like to become copy right agent , please let me know details?

Vijay   13 May 2013 at 10:04

Transfer of share certificate

My husband and me jointly owned a flat in Navi mumabi. We have two sons whom we both had put as nominee. Now my husband expired last year and I want to transfer the share certificates in my name do I need an NOC from both my sons. My husband has not left any will. What is the process if I want to sell the flat?

Neha Kapoor   12 May 2013 at 15:51

Daughter's right on his father's property.

My mother’s father expired in nov 2009. On 16th Dec 2009 my mother’s two brothers has force fully taken my mother signature on stamp paper in front of notary for relinquishing her rights from the flat own by her father in Mumbai and agreed to pay Rs. 15 lakh. The cost of flat was almost 3 crores. They have never share us any document or the Price of the flat. In oct 2010 we send them legal notice from advocate for equal right but they immediately send us DD of Rs. 15 lakh and a reply from their lawyer for no further right on property. Our advocate advice us to deposit DD in mother bank account which we did. In the mean while my both the uncles has sold the entire flat under the redevelopment to a builder and purchased two new flats outside. We found our lawyer greedy and he was asking for commission on that amount. In the mean while my both the uncles agreed to give equal share in the commercial property and a farm land. But its almost 30 month from our 1st notice and we got nothing as the commercial property has not been sold yet and we found that their intention are not good this time also and they don’t want to give us anything. Can we file a partition suit in the court still and how as they have already vacate the flat and bought two new flat outside.

Amolkishor Ram   25 April 2013 at 08:07

Refusal to change loan account no. 211113874 from deceased father’s name to any of legal heir’s name

DEAR SIR
MY FATHER LATE. SURENDRA RAM S HAD TAKEN A FIXED RATE HOUSING LOAN FOR ABOVE MENTIONED PROPERTY FROM YOUR INSTITUTION ON 27 AUGUST 2002 BEARING A LOAN ACCOUNT NO. 211113874 FOR THE AMOUNT OF RS. 275000/- (RUPEES TWO LAKH SEVENTY FIVE THOUSAND ONLY) AT APPLICABLE RATE OF INTEREST 11.25% PER ANNUM FOR A PERIOD OF 180 MONTHS COMMENCING FROM SEPTEMBER 2002 WITH AN EMI OF RS. 3232/- (RUPEES THREE THOUSAND TWO HUNDRED AND THIRTY TWO ONLY).
FROM SEPTEMBER 2002 MY FATHER HAS PAID ALL EMI’S FOR ABOVE MENTIONED LOAN TILL APRIL 2008, BUT ON 5TH MAY 2008 HE PASSED AWAY UNFORTUNATELY.
WE HAVE BROUGHT THIS INCIDENT TO THE NOTICE BRANCH MANAGER, HDFC FINANCE LTD. AT VIRAR BRANCH IN THE MONTH OF JUNE 2008 BY A LETTER AND COPY OF DEATH CERTIFICATE (COPIES ENCLOSED). IN THIS ISSUE THE BRANCH MANAGER TOLD US TO PAY THE REMAINING EMI’S THROUGH MY ACCOUNT OR MY MOTHER’S ACCOUNT. HOWEVER THE MANAGER REFUSED TO CHANGE THE LOAN EITHER INTO MY NAME OR INTO MY MOTHER’S NAME AND TOLD US IF YOU FAIL TO REPAY THE REMAINING EMI’S THEN THEY CAN RECOVER THE BALANCE AMOUNT BY AUCTION OF PROPERTY.
SINCE THEN (i.e. FROM MAY 2008) WE PAY THE EMI’S OUTSTANDING FROM MY FATHER’S LOAN FROM MY MOTHER’S ACCOUNT. HOWEVER DUE TO REFUSAL BY THE MANAGER TO CHANGE THE LOAN INTO MINE OR MY MOTHER’S NAME WE HAVE NOT ABLE TO CHANGE THE NAME IN HOUSING BODY RECORDS OR IN THE MUNCIPAL RECORDS AS BOTH THE BODIES REQUIRE NOC FROM BANK TO CHANGE THE PROPERTY INTO OUR NAME BUT THE BANK REFUSES TO GIVE THE SAME STATING THAT THE LOAN IS IN MY FATHER’S NAME.

NOW, I HAVE THE BELOW MENTIONED QUERIES.
1) IN THE EVENT OF DEATH OF THE BORROWER DEPENDENTS OF BORROWER NEED TO PAY THE REMAINING EMI’S TO GET RIGHTS OF PROPERTY?
2) WHY THE LOAN WAS NOT TRANSFERRED IN MY MOTHER’S OR MY NAME IN THIS CASE?
3) IS IT POSSIBLE TO TRANSFER THE ABOVE MENTIONED LOAN TO MY NAME? IF YES WHAT IS THE PROCEDURE FOR THE SAME?
4) IF THE DEPENDENTS OF BORROWER HAS TO PAY THE BALANCE EMI’S IN THE EVENT OF DEATH OF BORROWER, THEN HOW THE DEPENDENT CAN GET RIGHTS OF PROPERTY AND WHEN THE PROPERTY CAN BE TAKEN IN NAMES OF DEPENDENTS? PLEASE GIVE BRIEF DETAILS ABOUT TRANSFER OF PROPERTY AS LEGAL HEIRS BASIS IN THIS CASE.
5) IF RECOVERING THE BALANCE EMI’S THROUGH DEPENDENTS IN THE EVENT OF DEATH OF BORROWER IS LEGAL THEN PLEASE ISSUE ME A COPY OF RULES AND REGULATION PERTAINING TO THIS CASE AND ISSUE A LETTER ADDRESSING TO MY MOTHER SMT CHANDRAKALA DEVI SURENDRA RAM OR ME MR AMOLKISHOR SURENDRA RAM STATING THE ARTICLES, TERMS AND CONDITIONS AND RULES UNDER WHICH WE HAVE TO PAY THE BALANCE EMI’S.
PLEASE REPLY WITH THE ABOVE MENTIONED QUERIES.