Advocate Tushar Bhargava

Questions Answered by Advocate Tushar Bhargava

Q: Can I use the term green for my product

I wanted to enquire that can i use green word as my brand name. Like we have started biodiesel manufacturing so can i use green biofuels as my brand name.

Advocate Tushar Bhargava answered
You an use 'green' word as your brand name. However, you will not be able to get trademark for the same because it is a generic word. However, if 'Green' is used with some other words then there are chances that trademark can be registered.

Q: Documents and licences required to open NGO

i want to open an NGO. can you kindly tell me which all registrations and licences are required for the same as per law.

Advocate Tushar Bhargava answered
In India, NGO can be registered in 3 manners - 1. Trust2. Society3. Company incorporated as per Section 8 of Companies Act, 2013. Procedure of registration depends on the type of NGO selected. Licences vary on the basis of objects of the company.

Q: Brought stamp paper but deal got delayed what can do with it

Brought stamp paper for worth rs 25000 one party has signed on it and now the deal has been delayed. What can I do some thing with those stamp paper and get my money back

Advocate Tushar Bhargava answered
If stamp paper remains unused then it can be returned within 6 months of its issuance to the authorities for refund. However, if it has been more than 6 months then it is advisable to keep it with you and use it when the deal has been finalized.

Q: Name already exists can we take copyright for the same name

I have co authored a novel and we have come up with the name "Love Therapy - Ordinary Yet Bizzare". Our issue is something with name " Love Therapy" is registered. See in link. http://www.ied.edu/milan/blog/love-therapy/1611. Our publisher hasn't told us anything regarding this.I have come to know about this registered name on internet. My questions are- 1. Though our publisher are taking copyright but can we use the name or we have change our name? 2. If we can use the name then is there any condition that we have to take copyright for novel name including subtitle?

Advocate Tushar Bhargava answered
1. In India, Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. So, you can use the already existing title provided it is not trademarked. 2. As I have explained earlier, titles can not be copyrighted but you certainly can trademark them to ensure that no one can use them further.

Q: Trademark application status send back to EDP what does this means

My Trademark application showing status "Send Back to EDP". Please let me know , when and why this status is displayed and what should I do, to correct this. Is my application is on risk or will it delay the process?

Advocate Tushar Bhargava answered
EDP means Electronic Data Processing. When there is an error regarding data entry of applications the status is shown as sent back to EDP to rectify the error. This could happen when documents are not digitized properly. The EDP department will rectify the error. It may also happen if logo or device is not scanned properly. Once rectified , the application advances further for examination, publication and then registration as per the statute. Alternatively, we can contact trademark registry to look into the matter and have it done for you.