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How to Register a Trademark Online in India?

Trademarks are an essential aspect of businesses and acts as a representative of one’s brand. A trademark may be any symbol, insignia, three-dimensional features, phrase, word or design that distinguishes a certain product and can be used to identify the company’s ownership of the specified product. It acts as a tool to differentiate the various goods available on the market, and are protected by Intellectual Property Rights.

By: Srividhya Rejil, First Year Student at NUALS, Kochi.

Applications for registering trademarks can be made either offline or online. Before reaching the application stage, the applicant must have the designed logo ready. Ideally, it must be unique and not similar to the pre-existing logos of companies worldwide.

Documents required while applying for a trademark:

  • Trademark/ Logo Design 
  • Applicant Details (Name, Place of Business, Address)
  • List of Goods or Services with Trademark
  • Submission of Power of Attorney
  • Digital Signature
  • Email ID

Offline trademark registration can be made at any of the five Trademark Registry Offices situated at Mumbai, Ahmedabad, Kolkata, New Delhi, and Chennai. Forms prescribed in the Trade Marks Rules, 2002 should be used while submitting applications.

Online Applications for Trademarks may be submitted via this portal: https://ipindiaonline.gov.in/trademarkefiling/user/frmNewRegistration.aspx

STEP 1: Registration

Before proceeding, the user has to register with the portal. This may be done as a Proprietor, Agent or Attorney. A Code for the same will be required, in addition to a Digital Signature. The Digital Signature must be a class III or II digital signature from any of the Indian Certifying Authorities.

The user will then be required to fill in necessary details like Username and Password to complete the registration process. Upon successful registration, a confirmation mail will be sent to the associated email. 

STEP 2: Login

The User can then log in with their Username and Password/ Digital Signature. After logging in, Applications for International registration can be filed using the link IAOI ( International Applications Originating from India), and Domestic Applications can be recorded by using the link New Applications.

STEP 3: Application and Payment

For IAOI, users may select the New MM2(E) Application option and fill in the required details. Temporary Applications or Drafts will be available for review once it has been filled. The document then has to be digitally signed, and once it has been signed successfully, payment has to be done. 

The payment request will lead to a payment gateway for a further selection of Bank, Payment mode, etc. Once successful, a payment Acknowledgement will be generated, and a payment receipt may also be obtained. Details regarding the request can be accessed later using the associated Application Number.

Once an application has been submitted, the mark will be examined and compared with other registered marks by the Registrar. The Registrar may object to the implementation of Trademark or propose conditions or alterations to be made before the Trademark is accepted. Once the Trademark is received, the Trademark, along with any terms or restrictions on it, shall be advertised in the Trademark Journal, post which third parties may raise objections, if any. The registered Trademark will remain valid for a period of 10 years, post which it has to be renewed.

How To?

How to Read Judgements Quickly?

Judgments are often lengthy, containing essential information regarding the facts of the case, issues dealt with, arguments made, and the reasoning for the decision. Without a doubt, students of law and practicing professionals must consume a significant number of judgments while studying law; thus, it would be optimal to equip yourself with the ability to read them efficiently and quickly.

By: Srividhya Rejil, First Year student at NUALS Kochi

Judgments, are decisions of the Court that resolve proceedings and determine the rights and liabilities of the parties involved, form the crux of the legal profession. It is the Court’s pronouncement of the law on the dispute in question. 

First, the various components of a typical; judgment may be briefly examined:

  • Statement of facts of the case
  • Identification of issues
  • Arguments posed by both counsels
  • The legal reasoning that leads to the resolution
  • Discussion of precedents
  • The ruling of the Court

The most important part of a judgment would be the Ratio Decidendi, or the principle established.

Speed

It goes without saying, but being able to read through text swiftly, without losing out on comprehension is essential for anyone in law. This is a skill that must be polished and refined with time.

Students of Law may focus on estimating their current level, then practice steadily to improve their speed reading. Reading through many judgments, grasping the important parts and piecing together a complete picture, repeatedly will drastically improve reading speed. With consistent practice, one will be able to imbibe the keywords instead of reading word to word.

Reading through many judgments, grasping the important parts and piecing together a complete picture, repeatedly will drastically improve reading speed.

Comprehension

For better overall comprehension, as always, practice can be beneficial. Reading through numerous judgments equips you with the skills to grasp, contextualize, analyze, and put together essential facets of judgments. 

For novices, judgments may prove to be tricky, especially for those of us who have English as a second language. Judgments tend to be verbose at times, and without a firm grasp of the English language, most of it will go over the reader’s head. Thus, one’s vocabulary, too, has to evolve and grow continuously. For this, standard vocabulary tips may be employed, like reading more books, maintaining a vocabulary book, or even using apps like DuoLingo daily.

Thus, one’s vocabulary, too, has to evolve and grow continuously. For this, standard vocabulary tips may be employed, like reading more books, maintaining a vocabulary book, or even using apps like DuoLingo daily.

Ultimately, the ability to read judgments quickly and effectively is one that evolves along with you, as you spend more time studying law and reading judgments. 

Division of Time Spent

Considering the different parts in a judgement, each with varying levels of importance, the time spent reading and comprehending each section should be optimized.

When it comes to the factual matrix, some judgments tend to go on at length about the facts involved. Ideally, one may skim through and gain a skeletal understanding of the factual scenario, without going into the details. The important facets will most likely be repeated later on throughout the judgment. More time is to be spent trying to appreciate the legal issues involved rather than factual ones.

Sometimes, when there is a time crunch, more time may be portioned to the judges’ conclusion rather than the reasoning used by them to arrive at that conclusion. Similarly, the arguments put forth by the Counsels can also be skimmed through for the most part.

Knowing the final decision of the Court before running headfirst into a judgment can prove to be very useful. If one is aware of the outcome, then they can skirt around the portions that are of little significance within the judgment. It helps in the identification of essential threads that tie into the judgment, on which more time may be spent.

Knowing the final decision of the Court before running headfirst into a judgment can prove to be very useful. If one is aware of the outcome, then they can skirt around the portions that are of little significance within the judgment.

How To?

How to file a Cyber Crime complaint in India?

In this technological era where the internet advancement is ever increasing, it is imperative to focus on how the increasing rate of cyber crimes is becoming a threat to the development of society. To give effect on the same, the Information Technology Act, 2000 came into action to mitigate, recognize and prevent all such threats.

By: Megha Gautam, First Year BBA LLB Student at Amity Law School, Noida.

CYBER CRIMES

In a layman’s language, it can be explained as those crimes or wrongful acts committed by using technology. There is no strict definition of such crimes, and so cyber crimes are the crimes that primarily take place when any criminal or illegal activities occur using computers as a medium. To tackle the catena of cases, every state has the cyber cell department working actively which deals with the complaints of such nature.

Cyber law has identified various types of cyber crimes. And the main ones are discussed below:

  • Cyber Stalking: It is a crime of online harassment and it more often victimizes the women. It is very much similar to offline stalking. 
  • Hacking: Hacking is committed when one wrongfully intrudes into someone else’s personal computer to gain advantage out of the crucial details of the owner. 
  • Cyber Bullying: When the internet, social networks or mobiles are used with the motive of harassing, intimidating, or defaming a person.
  • Online Theft: When extortion of money is done by accessing the victim’s details pertaining to his bank account, debit card, credit card, or any other information over the internet. 
  • Cyber Terrorism: When internet is used to commit violent acts that might result in loss of life or bodily harm, in order to gain ideological or political advantage by intimidating or threatening.
  • Child soliciting and abuse: When internet is used to solicit a child for making of child pornography.

FILLING AN FIR AGAINST A CYBER CRIME

For filing an FIR, the first resort should be cyber cells but if you do not have access to the same then FIR can be filed at any local police station. And if your complaint is not entertained there then you may reach out to the judicial magistrate or the commissioner. 

Cyber crimes fall under the ambit of the Indian Penal Code, 1860. Additionally, under Section 154 of CrPC, it is mandatory for a police officer to lodge a complaint, irrespective of the place where the crime took place.

FILING A COMPLAINT ONLINE:

The portal for filing a complaint is https://cyber crime.gov.in/Accept.aspx, it is an initiative undertaken by the Government of India where a complaint relating to Child Sexual Abuse Material (CSAM), online Child Pornography (CP), or disgraceful content like Rape/Gang Rape (CP/RGR) and also other crimes like, cryptocurrency crimes, ransomeware, financial frauds, online cyber trafficking. There is also an option to file a complaint anonymously relating to child pornography and content such as Rape/Gang Rape (RGR). 

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  • STEP 2: On the portal click ‘Report Other Cyber Crime’. 
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  • STEP 3: After reading the guidelines, click on ‘File a complaint’ and thereon click ‘I Accept’. Then fill the details including name, mobile number and the subsequent OTP and after that fill in all the necessary details regarding the offence committed. 
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  • NOTE: The complaint can also be filed anonymously.
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How To?

How to Invest in Shares?

Share Market is a platform where buying and selling of shares take place. It is one of the sources of companies to raise funds and for investors to buy partial ownership in growing businesses. A share represents the unit of ownership in an organization. 

By: Raksha Chauhan, Third Year BBA LLB Student at Ramaiah Institute of Legal Studies.

Procedure

Obtain a PAN card

A PAN (Permanent Account Number) card is something that everyone has with them as it is a mandatory requirement for executing any financial transaction in our country. But in case there your PAN card has some inaccuracy regarding your name or something else, then you need to get it rectified because the primary thing you will need to buy shares online is to have an error-free PAN card.

Hire a Stockbroker

You need to hire a broker to assist you in buying stocks online and for fulfilling other formalities required to enter the Indian share market. SEBI (Securities Exchange Board of India) has mandated that all transactions in a stock exchange must be done through a stockbroker registered with the stock exchange. Only some specific people have the authority to execute the buying and selling of shares, authorized by the stock exchange. Such people are called stockbrokers. 

SEBI (Securities Exchange Board of India) has mandated that all transactions in a stock exchange must be done through a stockbroker registered with the stock exchange.

Open a Demat Account and a Trading Account

Demat account is the account where all your shares will be stored after your purchase and it holds your shares in a digital and dematerialized form. Trading account is the account through which you will buy and sell shares. Trading account will be opened by your hired broker because you cannot directly purchase shares from the stock market.

Bank account

You must have a bank account that can be linked to your Demat and Trading account. When you buy shares, the amount is debited from your bank account, and the shares are credited to your Demat account. When you sell shares, your bank account is credited with the amount of money, and your Demat account is debited with the number of shares. To be able to receive shares in your Demat account and money in your bank account, your bank account must be linked with your Demat and Trading account for smooth transactions.

Unique Identification Number (UIN)

UIN number is needed only when you plan to do transactions which are equal to or greater than Rs.1 lakh otherwise it is not required.

Buying and selling shares

You can start trading in the Indian share market and can buy or sell shares after all the formalities are done. You have to inform your stockbroker about the name of the company, the entry price and the total number of shares you want to buy. For example, if you plan to buy 2000 shares of ABC Company at Rs.1000, which currently is trading at Rs.1050, you can ask your stockbroker to buy 2000 shares as soon the price drops down to 1000. If the buy or sell order reaches its expiry date, your stockbroker will let you know about the same and the order will be cancelled. You can again put up the same order once it is withdrawn.

How To?

How to use LinkedIn effectively?

LinkedIn is the largest professional network and your LinkedIn profile is like an online version of your resume. So, if you are an active user of LinkedIn, this article might be beneficial for you as it tries to explain the ways in which you can use the platform effectively.

By: Sonia Jain, Third Year BA LLB Student at Ramaiah Institute of Legal Studies.

Here are some ways in which you can use the professional platform very effectively:  

  1. Construct a visually appealing profile– Your profile is the first thing which a person views and there is a phrase which says “First impression is the last impression”. So, use your picture and headline to construct a highly appealing profile. Try to upload a professional profile picture with a compelling headline. Your headline will say a lot about you so you must be very appealing and cautious while framing your headline.
  2. Offer and accept recommendations and endorsements– “Recommendations” are the assets which must be fully utilized. People whom you have worked with can write recommendations highlighting the qualities or attributes they found the most impressive for your profile which makes it appealing for the recruiters or hirers for the job/internship you might have applied for. You can write recommendations as well for someone whom you have worked with. Endorsements are the notification or advertisement of your skills. If your connection makes an endorsement of your skills it has a different impact on your profile. You can offer endorsement for someone else’s skills as well.
  3. Use your profile to showcase everything that was unfit for your resume– Use your profile to showcase all your talents, skills and abilities, everything that you are good at, which did not fit in the resume. Resume doesn’t cover your overall abilities; it is just a part of your abilities. The part only covers the abilities which are relevant for the job/internship you are applying for, excluding your abilities which are not relevant for the particular type of job/internship. You can use your LinkedIn profile to showcase all your abilities including your abilities mentioned in your resume and your abilities which are not included.
  4. Include your LinkedIn profile ID on your resume– When you are applying for a job or an internship, it is always good to include your LinkedIn ID in your resume as well, so that if the recruiter or hirer wants to know more about you they can simply go through your LinkedIn profile to gain a different perspective of you.
  5. Utilise LinkedIn groups– All LinkedIn members can join groups to discuss or share ideas. You can be in any group by searching for interesting groups or you can be in a group with people you are already connected with on LinkedIn. You can utilize these groups by gaining knowledge about new things and by using the knowledge for discussing and sharing ideas. It even helps you to connect with the fellow group members.
  6. Look for new hires and opportunities– If you are a businessman, the service “recruit new staff” is beneficial for you as you can find people having the skills and abilities required for your business. It even helps in bringing change in the traditional form of recruitment. If you are looking for a job/internship through LinkedIn, you can see their corporate culture and apply to the place most suitable for you.
  7. Stay active– LinkedIn is not just about staying active when you are looking for something specific. Even when you are not looking for something, stay active on groups and share links relevant to other people and also update your profile when you are getting a promotion or something. This will help you to get noticed by people so when you are looking for something specific, staying active might help.
  8. Construct engaging content– Like any other social network, you can upload and share links, texts, videos and images but you have to keep in mind the nature of your content, try to keep it informative and useful to the people you are professionally connected with. You can improve your writing skills for the quality content. Quality content on your profile would attract a lot of people which will eventually help you build your professional connections.
  9. Observe professional etiquette on LinkedIn– LinkedIn is a professional network, so make sure that everything you upload or share is professional and relevant and not personal in any way to keep up with the professional etiquettes. Try to observe the professional pattern of the platform and cope up with it
  10. Keep your LinkedIn profile up to date– Update your LinkedIn profile by providing detailed information on your experiences and skills which are adding on from time to time. Even if you’re unemployed keep your profile filled with your skills, accomplishments, internships, etc, to attract recruiters from your areas of interest.

Use your profile to showcase all your talents, skills and abilities, everything that you are good at, which did not fit in the resume

LinkedIn is the most effective platform in the current time. All we need to do is, learn about the effective ways to use this platform. In other words, LinkedIn is the resource which must be utilised in the best possible way. Above mentioned are some effective ways to use this platform, make the most out of it for growing professionally. 

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