Insurance law is the practice of law surrounding insurance, including insurance policies and claims. Nowadays, the Insurance companies are rejecting the genuine claims of their customers without any justified reasons and under such circumstances, aggrieved customers can avail the legal assistance against the insurance companies.
Our firm has been providing assistance to our clients on various insurance disputes for enforcement of policies and recovery of compensation since last 25 years. Our firm has been dealing with the following Insurance litigation :
• Motor Accident Claims.
• Rejection of medi-claims by Insurance Company.
• Rejection of life insurance claims by Insurance Company.
• Fire Insurance litigation.
A trade mark can be a word, logo, symbol, label, shape, smell, combination of colours etc. and acts as a source indicator and refers to the origin of goods or services. Trade mark can either be a word mark or a device mark. A word mark essentially denotes words/letters in a non stylised manner. On the other hand device mark comprises artistic features or unique colour combination.
A trade mark can be a word, logo, symbol, label, shape, smell, combination of colours etc. and acts as a source indicator and refers to the origin of goods or services. Trade mark can either be a word mark or a device mark. A word mark essentially denotes words/letters in a non stylised manner. On the other hand device mark comprises artistic features or unique colour combination.
The Trade Mark Registry, for the purpose of registration has classified goods and services under 45 classes in accordance with the Nice Classification. Class 1 to 34 refers to goods and class 35 to 45 refers to services.
It is advisable to conduct a pre-registration search at the Trade Mark Registry to find out about the pre existence of deceptively similar and confusing marks. The search is conducted so that the Applicant is aware of the probable objections or oppositions that may be initiated against the prospective trademark.
An application is to be filed under the Trademarks Act and the Trademarks Rules. The following documents are required for the filing of an Application:
1. Application for Registration- Full description of the Applicants to be provided.
2. User detail – The user date should denote the month and date of first use in India. Conversely it can be on “proposed to be used” basis.
3. Priority Claim – Priority claim in relation to foreign applications is to be filed within 6 months from the date of filing of the trade mark in the parent country.
4. Power of Attorney- To be filed along with the application duly executed by the Applicant in favour of the trademark attorney.
Examination Report and reply to Examination Report:
Upon Application, the Registrar shall cause the application to be examined and shall issue an Examination Report to the Applicant stating his objections, if any; and, the reply must be submitted within a month from the date of issuing of the Examination Report.
As and when the objections are waived after receiving the reply followed by hearing, the application will be accepted for advertisement in the Trademarks Journal.
Opponent can file Notice of Opposition within 4 months from the date of advertisement or re- advertisement of the Trade mark in the Trade mark journal.
Trade Mark can be renewed in every 10 years. Renewal application can be filed 6 months prior to the due date of the next renewal date.
• Trade Mark Search
• Trade Mark Opposition
• Trade Mark Infringement : Litigation: opposition, revocation, rectification, appeals, criminal and civil suits for infringement and passing off.
• Assignment and Transmission
• Renewal of Trade Marks
• Criminal Misappropriation of funds;
• Criminal Breach of Trust and criminal conspiracy;
• Dishonor of Cheque under the Negotiable Instrument Act, 1881.
• Forgery and mischief;
• Offence related to marriage viz. (a) Offence unusable under Dowry Act (b) Domestic violence Act (c) 498A, 406 IPC etc.
• Sexual offences;
• Offence against the public tranquility and public justice;
• Offences affecting human body such as rape, murder, suicide.
• Offence related to property, such as viz. theft, robbery, extortion, cheating, breach of trust, misappropriation of properties etc.
• Criminal Trial before magistrate or court of session;
• Filing and arguing of anticipatory bail applications before court of session an High Courts;
• Filing of Regular Bail before Criminal Courts;
• Filing of Revision, Appeal, Criminal Writ, petition under sec.482 of Cr.P.C. against the acquittal / conviction.
• General and Special Power of Attorney.
• Sale Deed.
• Agreement to Sale.
• Lease Deed.
• Trust Deeds.
• Will.
• Title Clearance Certificate.
• Registration of All the above documents.
We have been personally attending all types of civil, corporate, consumer, tort and criminal and intellectual property related litigations of our clients. We have been appearing in the following courts, within the State of Gujarat for successful representation of our clients.