What is Section 138?

Section 138 of the Negotiable Instruments Act, 1881, is a vital
provision in Indian law aimed at ensuring the credibility of
cheques as a mode of payment.

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FAQ’s on Section 138

What are different types of trademarks that may be registered in India?
  • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
  • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Letters or numerals or any combination thereof.
  • The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
  • Devices, including fancy devices or symbols
  • Monograms
  • Combination of colors or even a single color in combination with a word or device
  • Shape of goods or their packaging
  • Marks constituting a 3-dimensional sign.
  • Sound marks when represented in conventional notation or described in words by being graphically represented.
Which law governs trademarks in India?
The trademarks in India are governed by the Trade Marks Act, 1999.
How trademark is different from copyright?
A trademark protects brand identity, while copyright protects original creative works.
How Trade Mark is different from Patent?
A trademark protects brand identity, whereas a patent protects inventions and technological innovations.
How does trademark protect in India?
A trademark is protected in India through registration under the Trade Marks Act, 1999.
How long does trademark registration last in India?
Trademark registration in India lasts for 10 years and can be renewed indefinitely.
Can foreign entities or individuals register trademarks in India?
Yes, foreign entities can register trademarks in India by filing an application through a local agent.
What is the difference between ® and TM in India?
The ® symbol denotes a registered trademark, while TM signifies a trademark application is pending.
Are there any limitations on the types of marks that can be registered as trademarks in India?
Yes, marks that are generic, offensive, or deceptive cannot be registered as trademarks.
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