How to differentiate a trademark by its perceptions and the quality?

Trademark and tradenames are very essential to sustain our brand value and reputation. With that importance, let’s take a closer look at the differentiation, perception and the quality of the trademark. Trademarks, Trade names and service marks:     A trademark is any sign that individualizes the goods or services of a given enterprise and distinguishes them from the goods or services of its competitors. The Service mark is an extension of the concept of trademark in the service industry.…

Read More

Corporate form of enterprises and its featured benefits

Here, i would like to share some benefits behind corporate form of enterprises and comparatively how it helps to support the business. Corporate form of enterprises:         As compared to other kinds of business associations, an incorporated company has the subsequent advantages: Enterprises personality    Unlike a partnership firm, that has no existence aside from its members, a company could be a distinct legal or juristic person independent of its members. under the law, an incorporated company may be a distinct entity, even the one-person company. Section 34(2) of the companies act, 1956 provides that from the date of incorporation, the subscribers to the memorandum and other members shall be a…

Read More

Similarity with earlier trademark – Similar goods or services

Here we are going to see the concept behind similarity of trademark and its related things. Section 11(1) of the 1999 Act enacts the basic principle of trademark law that no trademark shall be registered if it is identical or similar to an earlier registered trademark for similar goods or services. The requirements under section 11(1) is a corollary to the exclusive right extended to the registered trademarks and to protect the rights of the traders in relation to the…

Read More

Insolvency Rules in Winding up of Insolvent Companies

In the winding up of insolvent company, the same rules shall prevail and be observed with regard to debts provable, the valuation of annuities and future and contingent liabilities and the respective rights of secured and unsecured creditors, as are in force for the time being under the law of insolvency with respect to the estates of persons adjudged insolvent: Insolvency: Provided that the security of every secured creditor shall be deemed to be subject to pari passu charge in…

Read More

Compromise or Arrangement of Limited Liability Partnerships

Here, we are going to see compromise or arrangement which is to be made in LLP. There are some procedures and the concepts behind LLP. Where a compromise or arrangement is projected Between a LLP and to creditors; or Between a LLP and its partners.The court may, on the application of the LLP or of any creditors or partner of the LLP or, in the case of a LLP that is being wound up, can order the meeting with the partners or liquidators as the case could also be, called, control and conducted…

Read More