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Franchising in India

Franchising has emerged as a popular and effective business model in India, offering entrepreneurs the opportunity to expand their brands while allowing others to operate under a proven system. This model has gained significant traction due to India's large and diverse market, making it a fertile ground for both domestic and international franchise opportunities. However, navigating the franchise laws in India requires careful consideration of applicable statutes, legal compliance, and best practices in drafting franchise agreements. This article provides an in-depth look at franchising in India, along with important considerations for both franchisors and franchisees. 1) Understanding Franchising in India Franchising in India is a method of expanding a business by granting another party (the franchisee) the rights to operate under the franchisor's brand name and system. The franchisee typically pays an initial fee and ongoing royalties in exchange for the right to use the bran...

Navigating Alimony During Divorce in India

What is Alimony? Alimony, or spousal support, is the financial assistance one spouse provides to the other following a divorce or separation. It aims to help the financially dependent spouse maintain a lifestyle similar to that during the marriage. Types of Alimony Interim Maintenance: Temporary support provided during the divorce proceedings. Permanent Alimony: Long-term financial support awarded once the divorce is finalized. When is Alimony Paid? Alimony payments generally commence after the divorce is finalized and a court order is issued. Courts can also grant interim maintenance while proceedings are ongoing. The Divorce Process Duration Mutual Consent Divorce: Typically takes 6 to 9 months if both parties agree on the terms. Contested Divorce: Can take several years due to disputes over property, child custody, and alimony. Challenges of Divorce Emotional and Practical Aspects Divorce is both emotionally and practically challenging. Support from friends and family is often cru...

Trademark Registration in India

Q: What is a trademark? A: A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.  The legal requirements to register a trademark under the Act are: The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing the goods or services of one undertaking from those of others. It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity o...

Copyright Registration in India

Q: What is copyright? A: Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. The economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to ...

Trademark Classes: Classes of Trademarks for Products and Services in India

  THE FOURTH SCHEDULE TO TRADE MARKS RULES, 2002 Classification of goods and services – Name of the classes (Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes). GOODS:- Class 1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry Class 2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists Class 3. Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, c...