When you are dealing with brokers of all types, you will find that there is a lot of discussion about how you are supposed to deal with fraud, negligence, and other issues. Did you know that fraud is, unfortunately, a common issue that people face when they get into these situations? That's where an...
Buying or selling a house or a land for the first time can be a big decision. Maybe this is the largest one of your life. This is partially a legal process. Many problems may arise while buying or selling a house or a land. These complications are easy to get entangled into. However once involved, you may have to face a lot of trouble to break free.
The basic real estate transaction happens through a broker. The buyer and seller both enter into a contract with this broker. More than often this contract is a written one. When this is done, the broker acts as the middleman in the transaction and keep the communication between both the parties going. After a formal verbal agreement, both buyer and seller enter into a formal contract and at last the transaction take place. The buyer gets the house and the seller gets the money. However, the reality is not as easy as it sounds like.
You may get into a lot of trouble. You may have to pay the broker the brokerage, even when the transaction has not taken place. You may even have to pay double, many times.
If you are running a construction business, you know how complex issues can become sometimes. Ay small affair can turn into a nasty legal issue anytime. The problematic areas, which can get into troubles, are – the initial manufacture of the building, the construction process, modification of the existing property and many other construction related problems.
This section of law is very complicated and you should not try to handle this on your own. Without proper legal knowledge you could end up getting the issue even more complex than it already is. There is another reason why you should not try to do this on your own. In case the issue land in the court, you need an expert attorney to represent you. It will be a wise decision to seek legal help from the initial stage.
Consult an experienced New Jersey litigation attorney. He/she will provide you the required legal guidance. However, you should make sure that your attorney possesses in-depth knowledge of construction law. In addition to this, he/she should have excellence communication skill. This section of law falls under the category of complex litigation and the attorney fighting such a case should have the required quick wits and verbal intelligence to make an impact before the judge. You should not delay in seeking legal help in case of any issue as there is no way of knowing which one may turn into a big lawsuit.
Probate is a process, which deals with the distribution of a deceased person’s wealth or estate. This is a complicated legal procedure. If the person dies with a valid will, the process becomes slightly easier. However, if there is no valid will, the court takes the responsibility of the distribution.
In case of valid will, the executor will take charge of the distribution of property. He/she will have to find out about all debt, the deceased has left behind. This is required to be paid before anything else. After this the matter of settling unpaid tax arises. When everything is settled, the executor distributes the remaining property among the heirs.
In case of an invalid will or if someone dies without one, the court selects the executor and finds out who should legally inherit the property.
Real estate law is complicated. There are different types of complexities, which may arise. You need to be aware of this. Does not matter you are a buyer, or a seller of property; you need to be very cautious about the issues, which may rise from one slight mistake. Most of the times, these problems turn into legal issues and you should take each decision keeping this in mind.
In case you are the buyer of a property, you may get involved into issue related to the previous ownership. You may end up paying for property without proper documentation. This can lead to many future problems. Registration of the property can be another problem. This is a legal process and there involve some level of complexity. You need to keep all your documentation in proper order for this registration. Do not buy or sell property which has got any debt. In case you are purchasing the property, you should make sure that every debt is paid off before making the final decision.
In case of any problem related to your real estate matter, consult experienced Honolulu real estate lawyers. They have the in-depth knowledge of the section of law related to real estate. They will be able to provide you advice about the proper procedure. An agent can do this for you as well. However, an agent cannot represent you in the court, in case any issue turns nasty and ends up in a trial.
Intellectual Property is one of the fastest growing legal fields in India specially after the signing of GATT. With the revolution of information technology, a multitude of problems has cropped up that demand immediate legal assistance. Agarwal & Co. is involved in all kinds of Intellectual Property Rights matters including Trade Marks, Patents, Copyright and Designs. Agarwal & Co. provide advice on the creation and protection of intellectual property rights connected with information technology especially pertaining to telecommunications, software etc. Agarwal & Co. advise clients on issues including:
• Interacting with various government departments on intellectual property matters and for obtaining various permissions
• Agreements for the use, supply, licensing and maintenance of software and hardware
• Registration of Trade Marks
• Registration of Copyrights
• Registration of Patents & Designs
• Licensing of Intellectual Property Rights and agreements
• Infringement and Passing-off actions
TRADEMARK APPLICATION PROCESS
Process of filing a Trade Mark Application in India and Grant of Trademark Registration Certificate involves the following steps as shown below herein:
NAME SEARCH:
It is recommended to conduct a Trademark name availability search in order to check if any similar Trademark has been filed in India, which may oppose your registration. The cost of the search is generally quite insignificant in comparison to the costs of re-branding if there is difficulty in using the Trademark because it infringes the right of others.
FILING OF APPLICATION BEFORE THE TRADE MARKS OFFICE:
The next step in getting a trademark registration is the filing of Trade Mark Application in Form 1, with the logo or word mark (as may be applicable), along with the applicants' particulars, including his address (incase of a company, the registered address of the company). A duly notarized Power of attorney, on stamp paper has also to be submitted.
EXAMINATION:
The Trademark Office will examine the registrability of the application, which includes distinctiveness, existing similarity with prior registrations, and completion of supporting documents, if accepted, the Trademark Office will issue an acceptance order and the Trademark is ordered for publication. We shall need additional evidence at the time of examination of the mark and prior to its publication in the Trade Mark Journal to prove distinctiveness of the mark. Examination generally occurs within 3-4 months of filling of Trademark application, but the request for the expedite examination of an application can also be made, which costs 5 times the govt. fee for filling the Trademark application.
DOCUMENTS/INFORMATION MAY BE REQUIRED TO PROVE DISTINCTIVENESS:
» The extent of advertisement with a few sample copies of advertising material and brochures;
» The quantum of usage with a few invoices and the last gross annual sale of the goods under the Trade name;
» The extent of use of the mark in respect of time and area;
» A brief write-up on the importance attached to the trade mark in particular;
» The class of costumers and their standard of intelligence and education;
» The date of commencement of the use of the mark;
» If the trade mark has been registered in several countries and the law of Trademark is similar to that of India, certified copies of the registration of the marks in such countries may also be provided to us.
OPPOSITION OF MARK:
When the Trademark is advertised in the Trademark Journal, then third party can oppose the registration of the Trademark within the 3 months from the date of the Trademark journal made available to the public.
IF OPPOSED BY GENERAL PUBLIC
If the Trademark application is opposed, then the Trademark office will request evidence in writing from both parties. If the dispute is not settled by the parties, then matter is determined at a hearing. Registration of an opposed Trademark application will be delayed pending till the determination of the opposition.
REGISTRATION:
In the absences of opposition, a Trademark is registered, and the relative certificate of registration is issued for 10 years from the date of filing of an application. It took tentatively 24-30 months from the date of filling of the Trademark application upto the final registration of the Trademark.
AGARWAL & COMPANY LAW OFFICES LLP.
Solicitors & Advocates
Corporate Legal Consultants
Trademark, Patent & Copyright Attorneys
73, Ajanta Apartment,
36, I.P. Extension
New Delhi – 110 0092 – INDIA
Tel: +91- 11- 2273 2540, 2273 2530
Fax: +91- 11- 2272 1340
www.agarwalandcompany.com