Advocate Vaibhav Singh

Questions Answered by Advocate Vaibhav Singh

Q: Procedure to apply divorce from husband and child custody

Hi.. I am living with my husband or 14 month old baby .my husband is not agree to give me divorce I want divorce to him and I want my child custody after divorce can I apply online for divorce or what is the procedure to take one side divorce

Advocate Vaibhav Singh answered
MamThere is no one sided divorce although you can file a case from your end to seek divorce based certain such as adultery or if he not taking care of the family or has extra marital relations And you cannot apply for it online You have to approach the court Regards Vaibhav SinghAdvocate

Q: Clarification on guidelines for using luggage carrier in private car

is car roof carrier legal in India?Is carrier allowed on private vehicles in Maharashtra? If yes what are the guide lines for it.

Advocate Vaibhav Singh answered
Kindly consult a local taxi stand and if still you don’t get a response kindly approach UBER and OLA and then again if you don’t get a response kindly approach the road transport minister Mr Nitin Gadkari, I believe he will definitely help you out.

Q: How is capital gain tax calculated ?

AS NOMINEE UNDER WILL WE HAVE SOLD OUR PROPERTY IN APRIL 2017 PURCHASED BY OUR FATHER IN 1969 ...AS PER NEW LAW THE INDEXING COST IS TO BE DONE WITH BASE OF 2001 PRICING. SO IN 2001 THE VALUE OF OUR HOUSE WAS AROUND 15 LAKH AND WE HAVE SOLD IT FOR 1.65 CRORE IN APRIL 2017. WHAT WOULD BE OUR CAPITAL GAIN AND HOW TO SAVE IT ? i MAY ADD THAT WE HAVE PURCHASED A FLAT IN 8/2017 FOR 65 LAKH OUT OF THE SALE PROCEED. THANKS

Advocate Vaibhav Singh answered
Dear Sir,Greetings to you of the new year.Sir your query is regarding tax saving purposes and also calculation of the same and for the same I would suggest that you consult a chartered accountant and for valuation purposes a certified valuer for the same.And in case you don’t fine one please do not hesitate to write to me.Regards,Vaibhav Singh

Q: Can a suit for passing off be valid against me?

A suit seeking permanent injunction for passing off has been filed against me. The Plaintiff is NOT the registered propertior of a mark and his application has been pending since 2013. The mark is the term 'global' for jeans/clothes I have been using a modification of the mark since 2016 and have filed an application for the same. When I went through the trademarks registry website, there are already about 30 DIFFERENT registered users of the mark not being the Plaintiff and plaintiff has barely been able to prove goodwill or reputation of the mark and has claimed user since 2005 but besides his own cash receipts , there is no adequate proof. Can i fight this suit on grounds that there are already MULTIPLE registered proprietors of the mark and Plaintiff cannot claim ownership over the word 'global' it has not been coined by him either and is a dictionary word. How should i proceed and what should my defence be?

Advocate Vaibhav Singh answered
Dear Sir,Your query concerns around your defence with respect to the suit filed against you for passing due to the use of the mark “GLOBAL” Please note the defence that you’ve thought about is the right way to defend yourself wherein you should bring to the notice of the court the use of the mark “global” by other numerous entities as you allege. Secondly yes the mark/word global is a dictionary word which in law means is a generic term and over such words no trademark rights can be bought by the plaintiff specifically.Apart from the aforesaid also take note of the fact that the plaintiff’s mark is pending registration since 2013 wherein he has shown use of the mark “GLOBAL” since 2005 so in this application since it pending for the last 3-4 years the pertinent fact to notice is that why is this mark not being registered The reasons could be only 2 that is One being that the registry has raised objections on the said application because of either its similarity to any other registered mark or because of the generic nature of the mark/word “GLOBAL”.A better answered could be ascertained if the applicantion of the plaintiff could be perused by me.Hence with what you have thought about your defence you are good to go.I hope I have satisfactorily answered your query.In case if any further clairifaication, don’t hesitate to write to me.Best regards,Vaibhav Singh

Q: Can director apply for trademark in individual name?

Can a director of private limited company apply for same trademark which is already registered in name of company in which he is director?

Advocate Vaibhav Singh answered
Dear Sir,In reference to your query please note that there are 2 aspects to the aforesaid query of yours Since you have stated that the trademark is registered in the name of the company already therefore, the same trademark cannot be registered and moreover the registry will raise an obJection under section 11 of the TM Act.Whereas the second aspect of your querry is concerned yes a private director can file for a trademark registration but i would advise you not to file an application which is similar to an already registered mark otherwise an infringement action or a passing off action will be brought against you.I hope i have satisfactorily answered your concerns and in case of any further clarifications please do not hesitate to revert.Regards,Vaibhav Singh