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Advocate Diva Arora Menon
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Nizamuddin East, Delhi
18 years ExperienceDiva had worked in the number one ranked intellectual property law firm in India, Anand and Anand as a litigator for over 6 years managing trademark, copyright, patent, design, confidentiality and trade secret cases before various courts and tribunals across India.She also has also been engaged in translation and contractual work. Over the last 3 years she has diversified to handling a wide portfolio of civil litigation which include consumer, competition, cheque bouncing and arbitration matters.
She also has been engaged in filing and prosecuting trademark, copyright, design and patent applications before the relevant authorities and tribunals including but not limited to the Registrar of Trademarks, Copyrights, Patent & Designs and Intellectual Property Appellate Board.
She has assisted both individual and corporate clients engaged in the Automobile, Entertainment, FMCG, Garments, Pharmaceutical, Healthcare and Technology Sector.She has has successfully litigated infringement and passing off actions and devising litigation strategies on behalf of her clients.
She has represented various multinational and Indian companies and associations before the Supreme Court of India, High Courts,District Courts and various forums and tribunals in India.
She authored numerous articles on Intellectual Property Laws that have been published in various journals.
Advocate Diva enrolled with the New Delhi Bar Council in 2006. She is also member of the New Delhi Bar Association.
- District Court, Patiala House
- District Court, Saket
- District Court, Tis Hazari
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Questions Answered by Advocate Diva Arora Menon
Q: Cheque bounce what action can I take
we rented a shop by investing 2.5L and due to joining govt job we had to quit in 2006.We handed the shop to our know to sell it further and he handed that to his relative assuring us to return the amount but till 2016 he has managed to pay 40K as he is not willing to return the money.Somehow in Mar 2016 the mediator has given in written on a plain paper to return the money but the cheque he provided bounced.Now he is forcing us to return the cheque then only he will make any further paymanent. we have no legal documentation what should we do is this cheque going to help us if we file a case?
Advocate Diva Arora Menon answered
You need to send a legal notice within 30 days from the date of receiving the cheque return memo. If the cheque issuer fails to make a fresh payment to you within 30 days of receiving the notice, then you have a right to file a case under Section 138 of the Negotiable Instruments Act. If you fail to file the complaint within this period, your suit will become time-barred and, hence, will not be entertained by the court unless you show sufficient and reasonable cause for the delay.
Q: What are the legal requirements for starting e commerce company
I am going to start an e-COmmerce. I have only done partnership deed, and rent agreement. What i need to do before starting like registration, terms and condition,privacy policy, return policy. What i have to do and how?
Advocate Diva Arora Menon answered
You will need to draft the terms of your website, privacy policy, return policy. Apart from this if there is a payment gateway on your website , then you need to enter into an agreement for that too. Also you may need NDAs, vendor agreement or other agreements or vat or service tax registration depending on your business.
Q: Planning to start an online portal. What all I need to do to register?
I am planning to start an online portal. Do i need to register the name of the company? Do i also need to register the name of the product?
Advocate Diva Arora Menon answered
You should register the name of the company as a trademark if you are going to be using the same in respect of your good and services and promote the same. However if you are not going to use the company name in respect of your goods and services and only as a corporate name, then you should register the name of the products. A trademark is a mark which identifies the products or services of a particular source and differentiate the said goods from those of others.
Q: How can i patent my idea?
how can i patent my idea?
Advocate Diva Arora Menon answered
Ideas per se are not protectable under Indian law. You can file a patent application for a product or process if it is new and novel and it satisfies the provisions of the Patent Act. The idea can only be protected if it is writing or a concept note and then you can protect it as a literary work under the Copyright Act, 1956. In the alternative, if it is a product or process which you are in the process of developing, then you can file a provisional application under the Patent Act and you will have 18 months to finalize the same.
Q: How to protect my business idea which is not yet registered?
Hi, How to protect my business Idea which is not yet registered
Advocate Diva Arora Menon answered
Ideas per se are not protectable in India unless you write them down and make a note and the same will be treated as a literary work under the Copyright law provided it is new and novel or file a patent application. You should not disclose your idea to any third party without entering into a Non-Disclosure Agreement so that the third party undertakes to keep your idea confidential. Furthermore, you should copyright/ patent your work. If you’re revealing an idea to a potential investor, a possible client, or a contractor, do some research about the said person. See if the said person has been involved in any disputes with previous business partners and make sure the person has established a positive reputation in his or her chosen field
Frequently Asked Questions about Advocate Diva Arora Menon
Can Advocate Diva Arora Menon represent me in court?
Yes, Advocate Diva Arora Menon can represent you in court. The lawyer is trained to present your case in the most effective way possible.
What should I bring to my initial consultation with Advocate Diva Arora Menon?
When you meet with Advocate Diva Arora Menon for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.
How do I prepare for my initial consultation with Advocate Diva Arora Menon?
Before your initial consultation with Advocate Diva Arora Menon, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.
What should I expect during my initial consultation with Advocate Diva Arora Menon?
During your initial consultation with Advocate Diva Arora Menon, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
How do I communicate with Advocate Diva Arora Menon?
It is important to communicate with Advocate Diva Arora Menon regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.
How much does it cost to hire Advocate Diva Arora Menon?
The cost of hiring Advocate Diva Arora Menon can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.