Gig Law Journal

  Can I Register a Trademark for a Common Word in India?" 🏷️📚🤔 Client question of the day: 👉 "I want to trademark a very common word. Is it even possible in India?" #TrademarkRegistrationIndia #IPLawIndia #BrandProtection #StartupIndia #TrademarkTips 📢 Short Answer: Yes… but it’s tricky! 🎯 You can register a common word if you make it distinctive enough for your goods or services. Without uniqueness, the Trademark Office will treat it like "trying to own the alphabet"! 🔠😂 #TrademarkLawIndia #CommonWordsTrademark #DistinctivenessMatters 📚 Legal Explanation: ✅ Under the Trade Marks Act, 1999 , a trademark must be distinctive and non-generic . ✅ Common words can be trademarked only if they have acquired a secondary meaning tied to your business. 🏛️✨ ✅ Think Apple for electronics 🍏— not for fruits! #TradeMarksAct1999 #SecondaryMeaning #BrandBuilding #IntellectualPropertyIndia 🛠️ Key Points You Must Know: ⚖️ 1. Distinctiveness: Y...

  Is It Necessary to Trademark My Brand Name in India? ™️🇮🇳 "I just launched my startup. Do I really need to trademark my brand name?" Starting up without trademark protection is like building a sandcastle near the waves! 🌊🏰 Let's see why your brand needs some serious legal sunscreen ! 🧴😎 #TrademarkIndia #BrandProtection #StartupIndia #IPRights #BusinessGrowth ✅ Short Answer: No, it’s not mandatory — but it’s absolutely crucial if you care about your brand! 🚀 In India, you can use a brand name without registering a trademark, but without protection, anyone can copy it! 📢 #IntellectualPropertyIndia #BrandSecurity #TrademarkRegistration #BusinessProtection 📋 Why You Must Trademark Your Brand Name: 1️⃣ Exclusive Rights 🔹 Only you can use the brand name for your goods/services. 🚀 #ExclusiveRights #BrandOwnership #TrademarkPower 2️⃣ Legal Protection Against Copycats 🔹 Easily stop others from copying, stealing, or misusing your name. 🛡️ #StopCopy...

  Can I Sell My Property if There's a Pending Court Case on It?" 🏡⚖️❓ Client question of the day: 👉 "There’s a legal dispute pending on my property. Can I still sell it to someone else?" #PropertyDisputeIndia #PropertyLawIndia #RealEstateIndia #LegalAdviceIndia #CourtCasesIndia 📢 Short Answer: Technically, you can sell it — but it’s risky business! 🎯🚧 When a property is involved in a pending court case ( lis pendens ), selling it might drag the buyer into your legal mess. 😬 Courts often invalidate such sales later! 🧨 #RealEstateDisputes #PropertySaleIndia #PendingLitigation #LegalRisksIndia 📚 Legal Explanation: ✅ Section 52 of the Transfer of Property Act, 1882 governs this situation under the doctrine of Lis Pendens . ✅ It means "during litigation, nothing should be changed" about the disputed property. 🛑 ✅ A sale made during a dispute may not offer clear, uncontested ownership to the buyer. #TransferOfPropertyAct1882 #LisPendens #...

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