Trademark Registry Hikes Registration Fee, Makes Trademark Search Free

India’s Ministry of Commerce and Industry has introduced two major changes on 13^th January with respect to trademark search and fees payable for trademark applications.

One change is the fee hike which was previously Rs. 2,500 for filing one trademark application in one class, now it’s going to be Rs. 3,500. This has been made to compensate the loss that may be incurred for making the trademark search free. The trademark search before this amendment was Rs. 500 for a single search and now that the search has been made free, anyone can access this trademark database from any part of the world.
 
The official fees for filing a trademark application in a single class has been increased from Rs. 2,500 (approximately $55) to Rs. 3,500 (approximately $78), with effect from December 29, 2010. Therefore, going forward, the official fees for filing a trademark registration application in a single class will be Rs. 3,500.

The Supreme Court Sets aside the Judgement of the Kerela High Court for rationalising, humanising and simplifying the procedure in Criminal Courts.

A three judge bench of the Supreme Court reversesd and order of the High Court of Kerala in Crl. M.C. No. 1977 of 2007 for issuing directions to trial courts, in cases under Sec 138 of the Negotiable Instruments Act 1881. For us, the order of the Kerela High Court is yet another instance, where in their anxiety to do justice, the courts have gone overboard. Call it judicial law making, or simply a judgment per incuriam. The judgement of the Supreme Court Can be read here

On 17th November, 2008, while granting leave in this matter, a bench of two learned judges referred the instant case to a larger Bench, posing the following question for determination:

"...One of the questions which arises for consideration in this special leave petition is as to whether the High court in exercise of its jurisdiction under Sections 482 and 483 of the Code of the Criminal Procedure and/or under Article 227 of the Constitution of India could issue guidelines directing all courts taking cognizance of offences under Section 138 of the Negotiable Instruments Act inter alia to invoke the discretion under Section 205 of the Code of Criminal Procedure and only with a further direction that summons under Section 205 shall be issued at the first instance..."

Briefly stated, the genesis of the dispute is that on a complaint filed under Section 138 of the N.I. Act and On being summoned by the Magistrate, the accused preferred a petition before the High Court of Kerela under Section 482 of the Criminal Procedure Code, 1973 (for short "the Code"), inter alia, praying for dispensing with her personal appearance before the Magistrate. 

Environmental Ministry May Consider Approving Lavasa

ET reports a rather unfortunate move by the Environment Ministry of approving Lavasa Corporation's hill township project, even though the construction is unauthorized and is in grave violation of Environmental Laws. The terms and conditions imposed on Lavasa include the payment of substantial penalty for violating environmental norms and the setting up of an independent environment restoration fund.

Trident (Legal Firm) takes its readers back to the genesis of the controversy.

The Ministry of Environment and Forests issued a show cause notice dated 25.11.2010 under Section 5 of the Environment Protection Act for violating the provisions of the Environment Impact Assessment (EIA) 1994 as amended in 2004 & 2006 to Lavasa Corporation Ltd. The original show cause is available here.

The notification as originally stood introduced environment clearance by the State or the Central Government and imposed restrictions and prohibitions on the expansion and modernization of any activity or undertaking of new projects. In 2004 , new construction projects were brought within the ambit of the notification and construction projects which were undertaken without obtaining the clearance under the original notification and where construction work had not come up to the plinth level, required approval with effect from 7th July 2004. Also in the same notification new industrial estates which were undertaken without a clearance or where work did not commence or where the expenditure did not exceed 25% of the total sanctioned costs were also brought within the ambit of the notification .

Vodafone lodges protest to Essar reverse merger scheme pending approval at Chennai HC

Readers would recollect that the Essar group had planned to merge Essar Telecom Holdings ( a subsidiary of Essar , which holds 11% in Vodafone Essar) with India Securities Ltd, to create a backdoor entry for investment in Essar.

Reacting to this the U.K Based Company Vodafone has conveyed its protest to SEBI, BSE and the Chennai HC regarding the reverse merger scheme proposed by its JV partner Essar. Though Essar has a put option to divest its stake of 33% at $5 bn to Vodafone till May, it has proposed reverse merger of 11% into India Securities Ltd.

The prime concern of Vodafone is that shareholders of India Securities Ltd. lacked sufficient information to appropriately value the stake.

Economic times reports that as per the agreement, Essar can offer its entire 33% in Vodafone Essar for $5 Billion, but should it tender less than that, the stake would be independently valued by bankers. Thus the 11% stake in India Securities Ltd may have a different value than a third of the put option value of $5 billion.

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SC admits appeals by Pepsico and BIS in 'Aquafina' 'Purity Guranteed' labelling case

SC has admitted the cross appeals filed by Pepsico and BIS over the former's packaged water brand 'Aquafina'. In Nov, 2008, Delhi HC had asked Pepsico to remove the picture of snow capped mountain from the bottle's label, and use words like 'pure', 'refreshing' etc. as per BIS guidelines.The judgement can be read here


Bureau of Indian Standards moved an LPA aginst of the impugned judgment and order dated 08.05.2006 delivered by the Learned Single Judge,in Writ Petition  no 20909 of 2005 whereby it was held that the use of the words PURE , CRISP , REFRESHING , PURIFIED AND PURITY GUARANTEED and the pictorial depiction of snow-capped mountain and the sun on the label of  Pepsico India Holdings Pvt. Ltd. for packaged drinking water, was not misleading, and was not prohibited by any law.


The basic premise of the LPA was whether the pictorial device SNOW-CAPPED MOUNTAIN and the expression PURITY GUARANTEED as used in the label creates confusion in the mind of general public regarding the origin nature, composition and properties of the product and suggest that the origin of the water being in the mountains. 

Delhi Lokayukta files appeal against restraint order in corruption probe on IAS officers

Delhi Lokayukta has filed an appeal before a division bench of the Delhi HC, challenging single judge order of Nov 22, 2010 (Murlidhar J. in W.P. (C) Nos. 1136 and 3342 of 2010 & W.P. (C) No. 3345 of 2010), that the Lokayukta has no jurisdiction to probe IAS officers as they enjoy immunity under Delhi Lokayukta Act. The case involved corruption complaints against 3 IAS officers.

The Delhi Lokayukta and Upalokayukta Act, 1995 make provision for the establishment and functioning of the Institution of Lokayukta to inquire into the allegations against public functionaries in the National Capital Territory of Delhi. 

public functionary' under Section 2(m) reads as under:

2. Definitions: - In this Act, unless the context otherwise require "Public functionary" means a person who is or has been at any time-

(i) the Chief Minister or a Minister;

(ii) a Member of Legislative Assembly;

(iii) a person having the rank of a Minister but shall not include Speaker and Deputy Speaker of the Legislative Assembly;

BANDA RAPE CASE

SC agrees to look into plea for judicial probe in Banda rape case.

A three judge bench of the SC will hear a plea on Friday, seeking judicial probe into rape of a poor minor girl by a ruling MLA, and her subsequent harassment and incarceration on theft charges. The girl was recently released from jail on the intervention of the Allahabad HC. She was  arrested on charges of theft by police and sent to jail. However, the CB-CID in its report said that theft charges against her were not true after which she was released from the jail.

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JUSTICE KATJU REMINDS LAWYERS THEIR PROFESSIONAL ETHICS

For all lawyers, who have had the opportunity to appear before Justice Katju, a re-enforcement and reminder of professional ethics of  to mediate disputes, in an order passed by him in S.L.P. (Civil) No. 2896 of 2010.

                                                          

“...I saw that the facts of Dada Abdulla's case made it a very strong indeed, and that the law was bound to be on his side. But I also saw that the litigation, if it were persisted in, would ruin the Plaintiff and the Defendant, who were relatives and both belonged to the same city. No one knew how long the case might go on. Should it be allowed to continue to be fought out in court, it might go on indefinitely and to no advantage of either party. Both, therefore, desired an immediate termination of the case, if possible.

I approached Tyeb Sheth and requested and advised him to go to arbitration. I recommended him to see his counsel. I suggested to him that if an arbitrator commanding the confidence of both parties could be appointed, the case would be quickly finished. The lawyers' fees were so rapidly mounting up that they were enough to devour all the resources of the clients, big merchants as they were.