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Heaven 2011   29 November 2010 at 14:29

Trade Mark

Respected professional colleagues,

Feel good to listen from you after a long gap.

My company had a Pharma product say Monilal which was very popular and entailed a huge sale for years. But due to some internal problem the production has been ceased and the product is out of market since last 10 years almost. But the registration is in effect. Recently we find another visually and phonetically similar product to our Monilal which is published for public view on, say15.11.2010. We want to lodge notice of opposition against that one because recently our management has decided to awake up the product again with its previous features. If we lodge the notice of opposition against the rival one, would that one override our ground because of zero sale in last 10years? Is it appropriate to abstain from any legal dispute? Is there any way out in Trade mark Act? Kindly suggest.

Regards,
Heaven2010

Anonymous   28 November 2010 at 13:29

grandson rights

I got a share in partitioned property from my father. My grandpa having two wifes. My Father is First Wife son. For Second Wife, got one son and 6 daughters. At the time of partition, partition is three parts. one belongs to my father and one belongs to my grandfather and one belongs to second wife son.

Can I claim the share of My Grandfather's share If he didn't wrote a will.

Aashish Satpute.   28 November 2010 at 11:52

trademark

what procedure will be followed for registration of trade mark ?step by step?
where it will be done in district place or taluka level??

Anonymous   27 November 2010 at 14:45

rights of sons

Sir, My Family Head Name is A. He is having two wifes. For First Wife he got only 1 Son.
For Second wife he got 2 Sons and 6 Daughters. A's Property was the ancestral property. In 1940 A's First wife son asked to divide the property. He didn't. Then First Wife son gone to the court. In 1944 the court divided the property into 3 parts (A,B,C). (Because at that time A got only one son and two daughters). A belongs to Head, B belongs to First Wife son, C belongs to Second wife Son. At this time for second wife two daughters - they got the property for their marriage expenses, which is not in property i.e., (A,B,C,)
After the partition completed in 1944. Family Head (A) residing his second wife Son's house. He got 2nd son and four duaghters for his second wife after the partition completed. thereafter second son of second wife died due to health problem before he get marriage. And all the 6 daughters marriage done by Family head (A).
In 1960 Family Head(A) died. After death of Family Head (A) His partitioned property is still maintaining the Second Wife Son.
B(First wife son of Head) having 6 sons.
I am the son of 4th son.
Now I am asking a question, the Family Head Portion Means (A) belongs to whom. Either First Wife Son or Second Wife Son or 6 daughters?
The total property belongs to family head (A) was ancestral property. If he wrote a will for Partition(A) that belongs to second wife son and daughters. Is that Will having powers? after death(Family Head A).
I don't Know he wrote a will or not?
Second wife son is still maintaining the portion which belongs to family head after death.
Now Head of First Wife and Second Wife and Second wife Two daughters and First Wife Son are not alive.
Please give me the suggest to get my fathers share?

Anonymous   27 November 2010 at 10:53

rights of sons

Sir, I have a problem. i.e., B. Venkatramaiah he is the head of our family. He is having two wifes. For First Wife he got one son and his second wife he got 1 son and 5 daughters. In 1944 Family head and his two sons divided their property

in 1/3rd. One belongs to Family Head, and second one belonging to family heads first wife son. the third one belongs to second wife son. After that family head resides his second sons house. First wife son resides his divided house.

AT the time of partition the head of the family got 2 daughters. For their marriage expenses, the head of the family they taken some property. partition completed in 1944. After some years he got 2nd son and three daughters. Now, The head of the family having 1 son for this first wife and 2 sons and five daughters for his second wife. After some years the second wife 2nd son died due to

health problems.

In 1960 family head died. The whole property of family head is ancestral property.
Now i am asking that the share of family head goes to whom? Either Second wife son or First wife son or two parts? Which one is right

Anonymous   23 November 2010 at 22:28

dda conveyance deed

Sir we have a shop which is alloted by dda and on the name of the firm and my father as a proprietor and in 1980 my father made a conveyance deed of the shop and the firm on the name of me and now in dda i m the owner of the shop and the firm but sir from 1975 to 1985 we have a partner in the firm with a small investment in the firm and in 1985 me and my partner made a dissolution deed(which is not registered) and i gave his investment back to him and he calmly take his investment .But in 2010 that is now he claims that as he was partner in the firm so he has right in the shop and also he claims that unregistered dissolution deed doesn't have any status and now sir i want to know that as conveyance deed of the shop is on my name , so my partner has any right on the shop or not .Sir please reply my query as early as possible.

Anonymous   21 November 2010 at 18:07

registry and will

my mother made a registered gift deed to me of the plot in the court and now my mother stays with my brother and my mother made a will on the name of my brother for the plot .now can my brother and mother has any right on the plot or not.

Anonymous   14 November 2010 at 00:10

Software Piracy - who is responsible?

If IT Manager or the Senior Manager of a company was forced to install pirated software by the company owner and later claims innocence in the compliance audit and puts entire blame on the IT Manager or the Senior Manager what is the legal remedy for it?

If company owners are tyrants-like and clever enough to avoid any proof, how to tackle such situation from the employee / manager point of view?

Anonymous   13 November 2010 at 08:45

almirah case

sir i asked you many times about the injuction case of plot against my uncle ,sir i give you a brief description about my case that plot is transfered by my grandmother three years back to my father by registered gift deed in front of sub-registrar by paying required stamp duty and she also made registered will on name of my father and my uncle has made a fraud unregistered will so sir we go to court for injuction case as we the registry of the plot and on the same day my uncle broke the locks and in the court he told that he has the possession of the plot but on that day we took the snaps of the plot to show that we have the possesion of the plot.Now sir my query is that my uncle submitted a application in the court that there is a almirah in our house and in this almirah my grandmother put a lot of money ,So court will appoint a local comissioner to take money and give that money to my uncle.But sir in true sense my grand mother stays with us and in the house he is a permanent member and she had no personal almirah and my uncle has nothing to prove that which almirah is of my grandmother.and court has asked to give us the answer within one week so sir you can tell us what will be the appropriate answer?


Anonymous   12 November 2010 at 22:37

injuction case

sir i asked you many times about the injuction case of plot against my uncle ,sir i give you a brief description about my case that plot is transfered by my grandmother three years back to my father by registered gift deed in front of sub-registrar by paying required stamp duty and she also made registered will on name of my father and my uncle has made a fraud unregistered will so sir we go to court for injuction case as we the registry of the plot and on the same day my uncle broke the locks and in the court he told that he has the possession of the plot but on that day we took the snaps of the plot to show that we have the possesion of the plot.Now sir my query is that my uncle submitted a application in the court that there is a almirah in our house and in this almirah my grandmother put a lot of money ,So court will appoint a local comissioner to take money and give that money to my uncle.But sir in true sense my grand mother stays with us and in the house he is a permanent member and she had no personal almirah and my uncle has nothing to prove that which almirah is of my grandmother.and court has asked to give us the answer within one week so sir you can tell us what will be the appropriate answer?