Counsel

In case of any objection, the Registrar will conduct a hearing, and after hearing both the parties it passes a decision on whether to restore the trademark or not. If somebody else applies for registration of the expired trademark, then the proprietor has to file an objection against the third party who has applied for registration of the expired trademark.

The objection can be removed by evidence. Based on the decision of the court, the mark will be decided if rejected or accepted.

Remember trademark right expires 10 years from the day on which the trademark was registered. You can renew your trademark right by filing a request for renewal six months before the trademark right expires. You need to pay the renewal fee at the same time you request to renew your trademark right.

As per section 33(4) of TM act, is the applicant fails to respond to the communication sent by the registrar for the objections raised within one month, then the registrar may abandon the application for registration of the trademark. Thus under the circumstances, you may have to apply afresh for registration of your trademark.

There are two aspects which you should keep in mind while web crawling, 

1. Copyright presence check - If a website content is protected by copyright law, anyone duplicating content would be infringement.

2. Use of content only for facts duplication - Duplication of facts is allowed but outright copy paste of content would be a punishable act. 

The first step is to send a written request for the refund. If the landlord does not respond or respond negatively, you can send a legal notice to the landlord through your lawyer. The landlord may or may not respond to the legal notice. If the landlord chooses to ignore your legal notice you can file a civil lawsuit against your landlord. The case will be fought on the basis of your lease agreement and the legal notice you have sent. 

Whenever a company is not doing a business for a time being it is better to put the company in a dormant stage because of the following reasons.

1. Few statutory compliances like Statutory Audit of the company can be avoided. Also, all the forms for Annual returns need not be filed with MCA. Instead, dormant companies need to file a form called simplified annual returns to MCA. This may hardly cost you Rs.1,000 to Rs.3,000 per annum

2. If your company is dormant then it cannot be striked off by MCA for not filing annual returns of the company.

Any company which has duly filed all the annual returns till date is eligible to apply for a dormant status. A CA will prepare a statement of accounts from the starting of the current financial year till date and submit an application for dormant. Within 12 to 15 working days, MCA will approve your request for dormant status. The Govt. Fees for application is Rs.1,000. Professionals may charge anywhere between Rs.4,000 to Rs.8,000 for this service