How to Deal With Trademark Application Rejection

For a brand, company, organization or service provider trademark bears high significance as it about the protection of the representations, expressions, symbols and designs of its products or services from copying or stealing. Even though is it a tedious and time consuming process, brands definitely opt to apply for trademark registrations and secure their official expressions. Companies apply for the trademark at the time of their inception usually and wait until the approval is received. Meanwhile, many of them start their identity and branding. On one hand, this helps avoid time wastage, but on the other hand is risky as well. Reason being the rejection of their trademark application. This would not only result in loss of time but financial losses in terms of the bucks spent on launch, identity and branding as well.

Trademark Application Rejection

AVOID TRADEMARKS ALREADY IN USE
If an expression, name, sign, symbol is similar to an already existing trademarked one, your application has a definite chance of rejection. Hence, it is advisable to avoid the use of conflicting names, signs and symbols as much as possible by doing a doing a check about the same.

AVOID USE OF COMMON WORDS
Words used commonly on a routine basis by people cannot be trademarked. For example you cannot get the word ‘Car’ trademarked because it is a common term used by people and it cannot be exclusively owned by a company or brand. Inventive words are a trend these days and are created by a combination of two or more words, these types are generally acceptable as they dont have any meaning at all, so trademark issues are resolved easily.

AVOID USE PROHIBITED EXPRESSIONS
Nationally regulated elements, expressions or symbols, like flags, geographical locations, symbols, emblems, hallmarks and more national as well as international are not applicable. For example the word ‘India’ or the flag of India is not applicable for a trademark.

AVOID EXPLANATORY EXPRESSIONS
Words that are used in general for describing things are not applicable for registration. It is therefore advisable not to use words like example ‘Fat’ for trademark registration.

AVOID OFFENSIVE EXPRESSIONS
Trademark applications are generally rejected if words, signs, symbols or designs are offensive in a way or other to a religion or community. So it is always a good idea to avoid the use of such expressions.

AVOID INDECENT EXPRESSIONS
You may not consider using expressions that are disgraceful as they are generally not acceptable for trademark registration. One such example is pornography.

In today’s times the expression protection issues are on the rise, all thanks to Internet that has brought us the privilege of accessing information anywhere anytime. Besides, Creating an identity amid the clutter of similar competitors or rising above the noise of umpteen similar products, services, brands etc, trademark protection or intellectual rights protection looks like the best possible solution. It not only protects your intellectual rights against duplication and misuse but is a recognition of uniqueness as well.

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All You Need To Know About Essential Legal Rights Of Women In India

Women Legal Rights in India

Women have known to be soft targets for centuries now. Being the weaker section of the society, they have borne the brunt of inequality, domestic violence, sexual harassment, exploitation, slavery, but to name a few. Well, efforts to work towards the upliftment of women have also been at the forefront of some of the able minded people of the society, since long. Known social reformers like Raja Ram Mohan Roy and some unsung ones like Ishwar Chandra Vidhyasagar, Virchand Gandhi dedicated their lives for the upliftment of women in Indian Society.

Well, in the recent years, India has been witnessing the waves of change. The taboos, beliefs and systems created by our ancestors, men and women both, are now slowly getting erased from the minds of people. Now that education and exposure to information and knowledge has empowered people to think with an open minds, undoubtedly times are changing and for good.

But, in a country like India with a billion people and majority of them living below the poverty line, the picture in rural areas hasn’t changed as compared to the urban side. Women today have access to many legal privileges that empower them to fight for their rights with a certain amount of ease. You need to remember that as a women, you are born an equal to man and no one can come and just deprive you of that freedom, for any reason whatsoever. Let us run through some of the legal privileges every woman needs to be aware of because many of us are ignorant on the same.

Zero FIR Shield
Under the Zero FIR provision, a female victim has the privilege of filing her compliant at any of the police stations across India, irrespective of the jurisdiction in which the incident has occurred. Post Fir lodging with the magistrate, it is transferred to the respective police stations.
Relief – Timely action against crime.

Identity Anonymity Shield
Under the section 228A, the anonymity of the victims identity such as name or related information cannot be disclosed by anyone and is a punishable act. This is applicable for female victims offended under section 376.
Relief – Protection against Social Victimization.

Domestic Violence & Cruelty Shield
Domestic Violence and cruelty is a common practice in India and in-order to protect women against the same, there is section 498 of IPC. Under it a female victim can register a non bailable compliant against the husband live in partner or relative. Further, under the Section 18 of our constitution, a perpetrator or accused is barred from entering her area or work, meeting her or communicating with her in any way. The forms of violence under this section include physical, verbal, emotional, economic and sexual.
Relief – Protection from abuse of every kind.

Sexual Harassment Shield
Sexual Harassment at workplace is highly prevalent with the urban section of the society as well as the rural or labor class. To enure the safety, dignity and respect of women at workplace, the constitution allows women victims to file a written compliant to the Internal Complaints Committee (ICC) within 3 months after the incident takes place. The local Complaints committee (LCC) takes up the mater later on if there is no further action in the matter. Even the heir of the victim or any one with a written permission from the lady can file a compliant on her behalf.
Relief – Protection against workplace exploitation.

Representation Indecency Shield
We all have come across umpteen cases where women have been threatened of their private pictures or videos being aired, broadcast or shared and asked for indecent favors, extortion, etc. There are instances where they are secretly shot without knowledge and shared as well. The above law protects the lady from any indecent or vulgar representation of her figure, her body or any part and is considered to be a punishable offense. Victim can immediately raise a complaint against it under the said provision.
Relief – Protection of Dignity and Respect.

Alimony after Divorce
As per section 24 of the Hindu Marriage Act, the working spouse needs to pay the non working spouse a fixed amount as maintenance when the divorce is in process. While the section 25 makes provision for periodical or one time maintenance altogether for the applicant spouse, most of the cases being females. A women has a right to claim her maintenance from husband on account of domestic violence, adultery, polygamy, desertion, conversion like issues, during a divorce. Similar laws are there for Muslims, Parsi and Christian women as well.
Relief – Financial stability during tough times.

Family Property succession
If you’re aware, there was this recent amendment in the Hindu succession act of 2005, under which a female can now claim equal share in family property. Earlier it was the male who had the major share in the Property, is got revised in 2015.
Relief – Equal status in family.

Well, it is still a bumpy road ahead for women across all age groups, but none the less these legal privileges are certainly like shock absorbers for them, helping many of them through these patchy roads they ought to tread at some point of life or other.

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Legal Education In India – 7 Interesting Law Specializations

Legal Education in India

Law definitely offers a promising career with influx of opportunities due to globalization in the law sector. Besides, opportunities from private sectors are opening doors for law professionals to work with corporate houses, real estate companies, film industry, healthcare and more. After graduation though, there comes this dilemma of choosing a specialization for masters. It is always advisable to have a masters degree at least these days, when the competition levels are extremely high. A doctorate in law would definitely put you into another class altogether, but that isn’t a cake walk anyways. Law offers many different subjects to choose from as specialization. Here is run down the few specializations that offer lucrative career prospects in Law.

CIVIL LAW – This subject deals with the major areas of litigation that include damage suits, gaurdian disputes, deeds, wills, individual rights and disputes and more. This specializations come with immense scope for private practice more so, though it also offers good job opportunities with government and private bodies.

CORPORATE LAW – This is presently, one of the most sought after specializations in India that offers opportunities to work or consult corporate giants around contracts, ordinances, privileges and more.

PROPERTY AND ESTATE LAW – With realty business in boom, the demand for real estate lawyers is also on the higher side. Property and real estate laws includes sale deeds, property mortgage and lease issues, property titles, property conveyance, to name a few. You get to work with real estate companies as their employee or legal adviser.

INTELLECTUAL AND PATENT LAW – This area of specialization is gaining popularity more so with globalization winds making their way through this sector. Companies and brands are putting in their efforts to protect their products using the patent and intellectual property rights law. This law deals into trademarks, copyrights and more.

INTERNATIONAL BUSINESS LAW – This specialization also has a good career-scope in the private sector, corporate houses nationally and international opportunities as well. It deals with laws related to international business and trade. This includes international trade, tax, arbitration, competition law, contracts and more.

TAX & BANKING LAW – Specialization in tax and banking is a good idea as well with banking, finance and corporate companies hiring specialists in the area for dealing with their finance and tax matters.

CRIMINAL LAW – If you are up for a challenging, exciting and thrilling career then criminal law is the specialization for you. A roller coaster ride when it comes to work, it deals into interacting and interrogating the accused, witnesses, working around forensic reports, post-mortem reports, things found at the scene relating to the crime and more. You may go for private practice or work as a public prosecutor. Criminal law pays well but might be taxing for some.

Well, there are more additions to the list of specializations available in the legal education sector in India, though you need to choose the one that interests you the most and is lucrative as well so that you can carve out a skyrocketing career graph for yourself.

KLE Law college offers law specialization courses. It’s one of the top law schools in India.

Clinical Legal Education In India – The Subject

Clinical and Legal Education

Clinical education is all about enhancing your skills. These skills include interviewing, research, interpersonal, reflective practice, problem solving and more. It is all about experiential learning, a process that helps students in application of their theoretical knowledge in real world situations. These sort of regular exercises and sessions build up confidence to apply their knowledge and make the most of the knowledge gained. It is sort of experiencing their future work life early on, thus in a way preparing them to take the upcoming challenges in their stride.

As a part of imparting clinical legal education, simulation classes are also undertaken. Students are all given a certain case study to resolve. It could be a real or unreal one, but the objective is that students take it up as a real life legal problem and try to deliver the best possible solution to it. Other kinds of simulation classes include mediation sessions, mock trials, conciliation sessions, negotiation and client interaction sessions, witness interrogation sessions, legal writing, drafting and relative exercises. All this is apparently virtual, but makes them feel and respond like they are into the real world of legal professionals.

With the balanced blend of theoretical study and practical learning, law graduates are sure to be at par with the international level professionals across the globe. Indeed, the inclusion of it as a compulsory subject should work well for the future of India and future lawyers as well.

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