Advocate Gayatri Sridharan

Questions Answered by Advocate Gayatri Sridharan

Q: Consequences of not attending to trademark show cause notice

Two years back I filed for Trademark Registration. Trademark Registrar objected to Register my TM. I successfully Replied to his Objection and asking a chance to hear me if not registered. Recently, TM Registrar fixed a hearing(Show Cause Hearing). My Question is; 1. What will happen if I do not attend the hearing? 2. Whether they can take any actions against me for not attending the Show cause hearing?

Advocate Gayatri Sridharan answered
If the Trademark Registrar has called for a hearing in all probability he is not convinced by your reply to his objections.the hearing was an opportunity for you to substantiate your case.If you do not appear for the hearing;1)the TMR will decline to register your TM based on your evidences and the information he already has.2) no action will be taken against you but it is in your own interest to appear for the hearing either on your own or through an authorised representative.SUGGESTED ACTION:file an application /letter citing the reasons for abstaining from the hearing and pray for another opportunity.

Q: Neighbour creating a nuisance and throwing waste all over the road

Neighbour lady purposefully making the environment unlivable, parks water tactor and dirtying the road in front of the gate and also passing bathroom and kitchen sewage water in front of my house she is rich and has strong connections in higher authorities and doesn't like anyone to revolt against her. Is there any legal way to solve this kind of problems as nobody in my neighborhood is ready to speak against her because of her threats

Advocate Gayatri Sridharan answered
Dear Querist,Your Legal options are as follows;I. Lodge a criminal complaint against said neighbor under the following sections of the Indian penal CodeCHAPTER XIV OF OFFENCESAFFECTINGTHE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCYAND MORALS 268. Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage. 269. Negligent act likely to spread infection of disease dangerous to life.—Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 270. Malignant act likely to spread infection of disease dangerous to life.—Whoever malignantly does any act which is, and which he knows or has reason the believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. II. Lodge a complaint with the BBMP for flouting BBMP building bye lawsIII. Send the Neighbour a legal notice threatening to sue him