Creative Custody Arrangements | MN Divorce Lawyer

www.MNFamilyMatters.com Minnesota Divorce Lawyer M. Sue Wilson discusses creative custody arrangements for children of couples divorcing in Minnesota. Attorneys at the M. Sue WIlson Law Offices assist clients with Parentling Plans that provide for joint and solo physical custody of children. Minnesota Divorce Lawyer M. Sue Wilson explains the impact of the Internet and cell phones on creative custody arrangements and her attitude toward cooperative parents sharing schedules, time, school activities, and the future as parents. Responsive. Effective. High quality results. We care about your well being.



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Trademark Law in India

Indian Trademark Law has been codified in conformity with the International Trademark Law and is about to undergo an amendment to be at par International Trademark Law. Recently India has signed Madrid Protocol that will allow Foreign Applicants to file an International Application designating India like many countries around the globe e.g China. Though unlike China and many other countries Multi class filing is allowed in India.

Statue:

The various statues dealing with Intellectual property laws in India are as follows:
1. Trademarks Act, 1999
2. Copyright Act, 1957
3. Patents Act, 1970 as amended by Patents (Amendments) Act, 2005
4. Designs Act, 2005
5. Code of Civil Procedures, 1908
6. Indian Penal Code, 1860
7. Geographical Indication of Goods (Registration & Protection) Act, 1999
8. Semiconductor, Integrated Circuit Layout Design Act, 2000
9. Plants Varieties Protection and Farmers' Rights Act, 2001
10. Information Technology Act, 2000

Requirement:
A 'Trademark' means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others. A 'Mark' includes a device, brand, heading, label, ticket, name (including abbreviations), signature, word, letter, numerals, shape of goods, packaging or combination of colors and any combination thereof.

The two main requirements of a trademark are that it must be distinctive (adapted to distinguish the goods/services of the applicant from that of others) and not deceptive. Therefore while selecting a trademark, words that are directly descriptive of the goods, common surnames or geographical names should be avoided as these confer weaker protection to the proprietor even if registered. Now the concept of "well known mark" has been introduced after the last amendment and Section 2 (zg) defines a well known mark as:

"Well-known trademark, in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first mentioned goods or services." While determining whether the mark is well-known mark, the registrar will take in to consideration while determining that the mark is a well known mark.

(a) the knowledge or recognition of the alleged well known mark in the relevant section of the public including knowledge obtained as a result of promotion of the trademark.
(b) the duration, extent and geographical area of any use for that trademark.
(c) The duration, extent and geographical area for any promotion of the trademark including advertising or publicity and presentation at fairs or exhibition of the goods or services
in which the trademark appears.
(d) The duration and geographical area of any registration of any publication for registration of that trademark under this Act to the extent that they reflect the use or recognition of that
trademark.
(e) The record of successful enforcements of the rights in that trademark, in particular the extent to which the trademark has been recognized as a well known trademark by any Court or Registrar under that record.

Whereas a trademark has been determined to be well known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trademark as a well known trademark for registration under this Act.

"Relevant section of Public" may be actual or potential consumers of, persons involved in channels of distribution of or business circles dealing with the type of goods or services to which the mark is applied.

The Registrar is not required to consider the following facts while determining a well known trademark.

a) The Trademark has been used in India
b) The Trademark has been registered
c) The application for registration of the Trademark has been filed in India.
d) The trademark is well known in or has been registered in, or in respect of which an application for registration has been filed in any jurisdiction other than India or
e) The trademark is well known to the public at large in India.

Priority:
For claiming a priority from an application filed in United States a corresponding application should be filed in India within 6 months of date of filing of original application.

Various Grounds for refusal:

Absolute grounds:

Section 9 of the Trademarks Act, 1999 sets out the absolute grounds for refusal of trademarks, which can be grouped under following heads:

a) Trademark is devoid of distinctive character;
b) Trademarks that are descriptive;
c) Trademarks likely to deceive of cause confusion;
d) Trademarks or signs that are customary in current language and in the bonafide and established and customary practice of the trade;
e) Trademarks comprising scandalous or obscene matter or likely to hurt religious susceptibilities in India;
f) Trademarks consisting of shape which are purely functional or are necessary to obtain a technical result or give substantial value to the goods; or
g) Trademarks whose use is prohibited under Emblems and Names (Prevention of Improper Use) Act, 1950.

Prohibition:
Section 13 of the Trademarks Act, 1999 prohibits registration of any word as trademark which is:
a) Commonly used and accepted name of any chemical element or any chemical compound (as distinguished from mixtures) in respect of a chemical substance or preparation; or
b) Declared by the World Health Organization and notified as such by the Registrar, as an International non-proprietary names.
Relative grounds of refusal:
Section 11 of the Trademarks Act, 1999 sets out the relative grounds for refusal of trademarks, which can be grouped under following heads:
a) identical or similar to a previous mark with and/or without similar or identical goods;
b) Prohibition of use of the trademark under passing off or law of copyright;

Statutory defense available under the Act:
For registration:
a) Honest concurrent use;
b) Acquiescence; or
c) Prior user
Against Injunction suit or criminal matters
a) Use in accordance with honest practices in Industrial or commercial matters;
b) Parallel Imports;
c) Fair use in description of the goods or services; or
d) Generic ness.
Special Considerations in case of well known mark:

As per Section 11 of the Trademarks Act, while considering an application for registration of a trademark and opposition filed in respect thereof the Registrar shall

a) protect a well known trademark against the identical or similar trademark.
b) take into consideration the bad faith involved either of the applicant or the opponent affecting the rights relating to the trade mark.
However this provision shall not effect the trademark if it trademark has been registered in good faith disclosing the material information to the Registrar or where right to a
trademark has been acquired through use in good faith before the commencement of this Act.
Enforcement of Trademarks Rights:

Opposition (before the Registrar) and Cancellation (before the Registrar as well as Appellate Board)
Opposition can only be done after publication of the trademark and within 3 months of date of availability of Journal. One month extension is available if sought before the expiry of 3
months time.

Cancellation on the ground of non-use for a period of 5 years and 3 months and proof of intention on part of the registered proprietor not to use the trademark at the filing date and nonuse till the cancellation petition.

Before the Courts: Ex-parte Injunction, Permanent Injunction, Anton Pillar Order, and /or Arrest and Seizure of goods (irrespective of registration).

Assignment/ license:

Trademarks are now recognized as a "movable property" under the Indian law and can be therefore assigned/ licensed. A trademark can be assigned with or without the goodwill
attached to it.

Renewal:
The trademarks can be renewed perpetually, are renewable for a period of 10 years on payment of prescribed fees.

Express processing:
Under Indian trademark law now it is possible to expedite the various proceeding e.g. search, examination etc. by filing a request with prescribed fees. Indian Trademarks law are at par with the International laws and has stringent procedures for safeguarding and protecting interest of the proprietor of mark.

Author is an Advocate and Registered Patent And Trademark Attorney with Aswal Associates and handles IPR division of the firm and is having the vast experience of having being associated with various premier IPR firms of India in the past. The author is also a member of APAA.

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3 "Musts" to Consider When Choosing an Attorney

First off, many lawyers offer a free or low-cost initial consultation, so have an interview with at least two (2) to three (3) lawyers before settling on one. It will be well worth your time and money to scope out their knowledge base because if a lawyer is licensed to practice in the State of Minnesota, he or she can practice any type of MN Law, including Family Law. You need to remember that one of the main considerations in choosing a family law attorney must be his/her level of family law experience, expertise in dealing with a specific issue involved in your proceeding, and trust and affordability. For example, it is not appropriate for one lawyer to represent both spouses because there is an inherent conflict of interest (the interests of both spouses will most likely diverge at some point).

The second of the considerations in selecting an attorney is whether or not they listen to and understand your goals and concerns. At an initial consultation, you can come away with a very good idea of the lawyer's general working demeanor and how they may handle your case if you were to retain them.

You should always request a written Retainer Agreement before you agree and sign off on the fee structure. The written Retainer Agreement should typically state the hourly rates, whether or not the attorney will pay for other costs of your case through the retainer and whether the retainer is refundable or non-refundable. It is always a good idea to sign a Retainer Agreement which is refundable, so that if you discharge the attorney's service or if the case if completed before your retainer is exhausted, that the remaining monies are reimbursed to you.

Once you pay your retainer, it is placed in the lawyers trust account and the lawyer makes periodic (typically monthly) disbursements from this account depending upon the amount of time that was spent on your case and costs that were incurred in your case. You should receive monthly invoice statements that reflect the work performed on your behalf by the lawyer or the lawyer's staff.

Farhan Hassan concentrates his practice on all areas of family law with a specialty in divorce, including custody, spousal maintenance, complex property issues, as well as appellate practice. Please visit http://www.allaboutdivorcemn.com for specific conversations about getting a divorce in Minnesota.

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Criminal Appeals Lawyer Part 2

Timothy P. Flynn was selected to participate in a panel discussion aired on Michigan Government Television as the appellate criminal defense lawyer in the People v Gillis case decided by the Michigan Supreme Court in 2006.



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The US Laws and Defense Criminal Attorney

The word "crime" incites a negative appeal for all. No one wants to get involved in any such issue which has been been once proved as a criminal activity. It is mainly because your future life will be shattered completely if proven guilty. Not only you will be terminated from the job, but you may become a case of suspicion in eyes of the society as well. The US laws against such cases are really very strict and the punishment for any such offense is also very severe.

Accused may find really tough to get fines for the below mentioned grounds of suspicion.

The US laws categorizes crimes in mainly two broad headings:

1. Federal Crimes
2. State Crimes

Federal crimes:

All drug related crimes such as:

- Selling of drugs, growing and distribution of marijuana.
- Medical crimes.
- Financial frauds such as credit card, insurance, bankruptcy and more.
- Immigration crimes, Smuggling.

State crimes:

- Sale and possession of banned drugs.
- Crime related to theft.
- Crime done under the influence of alcohol or driving.
- Sex crimes like prostitution, child abuse etc.
- Violent crimes that may include kidnapping, robbery, assault, bribery, corruption and more.

Defense Criminal Attorney:

When stuck in the shackles of any offense against the law, you should seek a professional and skillful advice. A professional and experienced criminal defense attorney can rescue you to get out of a web of problems. Choose someone who can understand your situation well and gives you a solution that actually works. Consider a person who has a clear understanding and knowledge of providing assistance to all your problems.

For more details please visit: Miami Criminal Attorney and Miami Criminal Lawyer.

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Adams and Ferguson Burbank Appellate Attorney Burbank Appea

criminaldefenseappeals.com Burbank Appellate Attorney Alison Adams and Burbank Appeals Lawyer Susan Ferguson are admitted to practice in every district of the California Courts of Appeal, and half of the United States Courts of Appeals.



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Social Security Denied: Should I Appeal?

Social Security Disability is not available for everyone who has an impairment. If you are under age 50 and are still capable of some kind of employment in the national economy then you probably cannot get Social Security Disability. What you can do is contact your state Department of Rehabilitation and seek help in obtaining retraining or job placement. This service should be free for anyone who has an impairment. Of course, if you are still working and making $840.00 or over then you are presumed not to be disabled.

If you are over 50, then proving disability gets somewhat easier. However, your age really does not help you until you are 55 or over. If you are 55 or over, have a severe impairment that prevents past relevant work (PRW), then you are a better candidate for disability. If you have less than a high school education, are over 55, and have only a history of unskilled work, then you are even a better candidate for disability provided you have a severe impairment. As the above discussion shows, when applying for Disability, it is better to be older than 55, uneducated, and have no skills. If you lack any of these, then the case for Disability becomes harder. Alternatively, it is also helpful if the skills you acquired from your work are job specific and are not readily transferable to other occupations.

Of course, there are those cases in which the impairment is so severe that all employment is precluded even though the claimant is young or highly skilled or highly educated. But most cases involve claimants who because of their impairment cannot do their past relevant work (PRW). Then the Big Question becomes can they do other light work or perhaps sedentary (sit down work) in the national economy despite their impairment.

Where an individual case fits in the process can be determined by an experienced Social Security Attorney. He or she can evaluate the case and advise whether or not it is worth going forward.

For more advice, you can contact us at http://www.virginiadisabilitylawyer.com or email us at jervalaw@aol.com or reach us at http://www.geraldlutkenhaus.com

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented at this site should not be construed as legal advice.

Gerald G. Lutkenhaus has been representing Social Security Disability claimants for 30 years in the Central Richmond Area in Virginia. He was given Martindale Hubbell's highest rating in 2003. In the July 1999 issue of Richmond Magazine he was also recognized as the One of the Best Workers' Compensation Attorneys in Central Virginia. http://www.virginiadisabilitylawyer.com

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