In the realm of business, the significance of Goodwill cannot be overstated as a company's value appreciates with a positive reputation. Customers associate the goodwill of a company with its value, making it an essential factor. A trademark, serving as a symbol of goodwill, derives its value from the perception of the public who consistently … Continue reading THE CONUNDRUM OF KEYWORDS : ANALYZING GOOGLE LLC v.MAKEMYTRIP (INDIA) PRIVATE LIMITED AND ORS.
Whether Banks or NBFCs can levy foreclosure charges on Prepayment of loan?
Introduction In the context of loans, especially home loans or personal loans, foreclosure charges or prepayment penalties refer to the fees charged by Banks or Non-Banking Financial Companies (NBFCs) if the borrower chooses to pay off the loan amount before the stipulated loan tenure. Such pre-payments can be of two types: Part Prepayment and Absolute … Continue reading Whether Banks or NBFCs can levy foreclosure charges on Prepayment of loan?
KNOW ABOUT BONUS UNDER WAGES ACT
How bonus is to be paid? Code on minimum wages, 2019, section 26 There shall be paid to every employee, drawing wages not exceeding such amount per mensem, as determined by notification, by the appropriate Government, by his employer, who has put in at least thirty days work in an accounting year, an annual minimum … Continue reading KNOW ABOUT BONUS UNDER WAGES ACT
WHETHER TENANCY CAN BE A GROUND TO OBSTRUCT THE POSESSION OF SECURED PROPERTY BY SECURED CREDITOR?
INTRODUCTION In the financial landscape the secured creditors used to counter with many difficulties and obstacles in taking possession of the secured asset when the borrowers used to default in payment of lending amount to lender/Secured creditor. Therefore, the SARFAESI Act came into existence to speed up the recovery and empowering the creditors. However, … Continue reading WHETHER TENANCY CAN BE A GROUND TO OBSTRUCT THE POSESSION OF SECURED PROPERTY BY SECURED CREDITOR?
Whether the Trademark can be dissected while checking its eligibility under section 9(1) during examination?
This question was answered by the Delhi High Court in the case of Ticona Polymers v. Registrar of Trade Marks, 2023 decided on 28th February 2023. Facts of the Case: The appellant applied to register “COOLPOLY” as a mark for plastic and carbon molding materials and molded heat sinks under class 1 and class 9. … Continue reading Whether the Trademark can be dissected while checking its eligibility under section 9(1) during examination?
Know about incorporation of entity in Delaware
The Delaware General Corporation Law is the statute of the Delaware Code that governs corporate law in the U.S. state of Delaware, Adopted in 1899. Title 8 of Chapter 1 subchapter I of Delaware General Corporation Law deals with the Formation of Corporations. Here's a step-by-step procedure to incorporate a company under the Delaware General … Continue reading Know about incorporation of entity in Delaware
Delhi High Court Strikes Down ‘NIKIND’ Registration, Protecting Mankind Pharma’s “KIND” mark family Legacy
Introduction In a recent landmark judgment[1], the Delhi High Court ordered the cancellation of the trademark registration for "NIKIND" in Class 5. The petitioner, Mankind Pharma Ltd., a renowned pharmaceutical company, filed the petition seeking the removal of the impugned trademark, claiming that it infringed upon their well-known trademark "MANKIND" and its associated family of … Continue reading Delhi High Court Strikes Down ‘NIKIND’ Registration, Protecting Mankind Pharma’s “KIND” mark family Legacy
Whether the registrar has the power to condone delay or take into consideration such delayed application for review?
Well, the answer to this question was answered by the Delhi High Court in a recent judgment in the case of MS Aman Engineering Works Vs Registrar Trade Marks, Trade Marks Ministry, New Delhi & Anr., 2022[1]. The Delhi High Court, in its ruling, determined that the Registrar of Trade Marks does not possess the … Continue reading Whether the registrar has the power to condone delay or take into consideration such delayed application for review?
WHETHER PRIOR USAGE AND REGISTRATION OF THE MARK SHOULD BE GIVEN DUE RECOGNITION AND PROTECTION?
Summary of the facts: The plaintiff is a subsidiary of “MAYO” Clinic, a well-known charitable organization based in the United States. They operate internationally and have a strong reputation under the mark “MAYO” for providing medical care, research, education, and diagnostic services. The plaintiff holds trademarks for "MAYO” and related marks in India and over … Continue reading WHETHER PRIOR USAGE AND REGISTRATION OF THE MARK SHOULD BE GIVEN DUE RECOGNITION AND PROTECTION?
How to set up a company in the USA
Starting a company in the United States can be an exciting and rewarding endeavor. However, the process involves careful planning, legal considerations, and adherence to specific requirements. It is possible for individuals and businesses from India to establish a company in the USA, but the procedure can be intricate and time-consuming. It entails complying with … Continue reading How to set up a company in the USA
DUCTUS EDGE 