Advocate Shubham Jain

Questions Answered by Advocate Shubham Jain

Q: What is the status of case after it is settled in the court

My wife did 498a against me in 2016 and after that is settled but fir status shows fr put up in court what does that mean is case still opened or closed?

Advocate Shubham Jain answered
Dear Sir, In the Cases of 498A when the cases are resolved/ settled in the Court with the Compromise, all the cases pending for the parties are Disposed off, and the FIR’s which are there are quashed. But that depends upon the Terms of the Settlement and Court has to put all the details in the Order. In my opinion you should file a 482 Petition for Quashing of the FIR on the basis of the Settlement.

Q: Can a business idea be protected through Intellectual Property Rights

If I am able to protect my business idea through i.p.r then what is procedure.

Advocate Shubham Jain answered
Dear Sir,Unfortunately, there is no effective way to protect an idea. Copyrights protect expression and patents protects inventions, and neither protect ideas. In both cases the idea is the first critical step, but without some identifiable embodiment of the idea there can be no intellectual property protection obtained and no exclusive rights will flow unto you. This does not mean that you should give up when you only have an idea, but it does mean that you will need to proceed to flesh out your idea to the point where it is concrete enough to be more than what the law would call a “mere idea.” The moral of the story is that ideas alone cannot be protected, so you need to think in terms of invention. Inventions can be patented. You just have to get from idea to invention.

Q: What is the trademark objection reply for section 9(1)a

Trademark objection reply for section 9(1) a?

Advocate Shubham Jain answered
Section 9 states that:“Absolute grounds for refusal of registration: (1) The Trade marks –(a) Which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;(b) Which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;(c) Which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade,Section 9 objections are made when the Registrar/Examiner considers the trademark to be descriptive of goods/generic/laudatory/indicating quality or nature of goods.Section 9(1)(a) prohibits registration of marks, which are devoid of any distinctive character. A word or words to be really distinctive of a person’s goods must be generally incapable of application to the goods of anyone else.Section 9(1)(b) prohibits registration of trademarks, which consist exclusively of marks or indications, which may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or rendering the service or other characteristics of the goods or service.section 9(1)(c) excludes marks which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of trade from being registered under the Act.

Q: Someone using franchisee name under false identity resulting in losses

i have a preschool business and some one else is using franchisee name that i have. he has listed his business under false name in google maps which is resulting in financial loss to me. what should i do?

Advocate Shubham Jain answered
Dear User, After reading your Query, I am on the conclusion that you should immediately go for the Trademark Registration and secure your Business Name. After the Name is registered you can file a Notice for Infringement on the Another person.

Q: Non compliance with order of appellate authority what to do

Order imposing penalty of "compulsory retirement on proportionate pension" was set aside, six month ago, by appellate authority and directed to hold re-inquiry. But appointing authority is neither conducting re-inquiry nor passing the order of reinstatement. We requested appointing authority for compliance, but no response received even after two reminder. Please advice what should we do now and also tell how we can take help of court in this regard. Please advice. Thank you.

Advocate Shubham Jain answered
Dear User, As you have mentioned that Penalty was set aside, six month ago by the Appellate Authority, You can send a Notice for demand of Justice to the Concerned Authority and if no response received then also, then you file a Writ Petiton for the same. Another Remedy that you can avail is that you can also file a Contempt for non-compliance of the Order.