Frequently Asked Questions (FAQ):

PROCEDURE FOR SOLEMNIZATION OF MARRIAGE UNDER THE SPECIAL MARRIAGE ACT, 1954 & THE KERALA SPECIAL MARRIAGE RULES, 1958

The District Registrars and Sub Registrars are Marriage Officers as per the Act. The Special Marriage Act extends to the whole of India except the state of Jammu and Kashmir and applies also to citizens of India domiciled in the territories to which; this Act extends who are outside the said territories.
Solemnization of special Marriages
A marriage between any two persons may be solemnized under this Act provided the following conditions are satisfied. Namely: -
1. Neither party has a spouse living
2. Neither party is an idiot or a lunatic 
3. The male must have completed the age of twenty-one years and female the age of eighteen years.
4. The persons seeking to marry must not be within the degrees of prohibited relationship.

Notice of Intended Marriages
Both the parties to the marriage should give notice in writing in the prescribed form to the marriage officer of the district in which at least one of the parties to the marriage has been residing for a period of not less than thirty days immediately preceding the date on which such notice is given. . A fee of Rs 3 has to be paid for publication of notice. Notice will be published in the office of the Marriage Officer of the district within whose jurisdiction each of the parties to the marriage is permanently residing. The notice may be presented before the marriage officers by both parties in person or by registered post. In the later case a fee of RS 3 for notice charge should be sent by Money Order. The Performa for the notice is given separately. (Please see Notice of Intended Marriage)

Solemnization of marriage 
The marriage can be solemnized on expiry of 30 days after clearing objections if any filed. The validity for the notice is 3 months. Before the solemnization of marriage the parties and three witnesses in the presence of the marriage officer should sign declarations in the prescribed form. The marriage can be solemnized in any form, which the parties may choose to adopt. The marriages can be solemnized either with the office of the Marriage Officer or at such other place within a reasonable distance as the parties may desire. A fee of RS 10 has to be paid for solemnization. Certificate will be issued on stamp paper if RS 10 produced by the parties on payment of RS 2/-

Registration of marriages celebrated in other forms
These provision deals with the registration of marriages already are celebrated in forms other than the special marriage Act.
The following conditions should be satisfied for the registration of marriages 
1. The couple must have been married in some other forms and they must have been living as husband and wife ever since such marriage.
2. Neither party has more than one spouse living.
3. Neither party is an idiot or lunatic.
4. The parties should complete 21 years of age at the time of registration.
5. Both the parties should reside within the jurisdiction of the Marriage Officer for a period of 30 days.
Marriage Registration
On receipt of application signed by both the parties and also after publication of notice the marriage will be registered on the expiry of the notice period of 30 days. Certificate will be entered in the certificate book and shall be signed by the parties to the marriage and three witnesses.
A fee for RS 10/-has to be paid for registration. Certificate will be issued on stamp paper of RS 10/- produced by the parties and payment of RS 2/-. Services rendered by the Society Registrar (District Registrar)

SCHEDULES : 
Schedule 1 Degrees of Prohibited relationship.
Schedule 2 Notice of Intended Marriage
Schedule 3 Declaration to be made by the bridegroom.
Schedule 4 Certificate of marriage.
Schedule 5 Certificate of marriage celebrated in other forms..

WHERE IS THE PLACE OF SUE OR THE JURISDICTION OF COURT FOR MATRIMONIAL LITIGATION UNDER THE HINDU MARRIAGE ACT?

The place of sue or the jurisdiction of court for matrimonial litigations are fixing and finds as per section 19 of THE HINDU MARRIAGE ACT 1955.  The above said section read as follows;-
Section 19. Court to which petition shall be presented. - Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction-
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition resides, or
(iii) the parties to the marriage last resided together, or
(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition; or
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.

DIVORCE,MATRIMONIAL LITIGATION:-RELAVANT PROVISON OF THE HINDU MARRIAGE ACT, 1955 :: READ MORE .

TRADE MARK SEARCH & REGISTRATION

What is a TRADEMARK?

A TRADE MARK (popularly known as brand name) in simple 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. In other words, A TRADE MARK is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs is used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others.

What are procedures for registration of TRADE MARK?

In India, the procedures of Trade mark registration are covered under the provisions of The Trade Marks Act, 1999 and The Trade Marks Rules, 2002. Mumbai, Delhi, Kolkata, Ahmadabad and Chennai are respective jurisdiction of trade mark registration office in India.

What you mean TRADE MARK SEARCH?

Any person may request the Registrar to cause a search to be made in respect of a trade mark relating to specified goods or services to ascertain whether any mark is on record which resembles the trade mark in respect of which the request is made. Before filing an application for a trademark registration, it is highly advisable to conduct a comprehensive trademark search. A basic trademark search includes registered trademarks and pending applications for trademarks in India.

TIME FRAME FOR TRADEMARK REGISTRATION:

If there is no objection and /or opposition raised, then process of registration of trademark usually takes 1-1.5 years and incase of any objection/opposition proceedings it usually takes approx 3 years.

What are documents needs for Trade mark Registration?

1. Proprietorship concern: Full name and address of the proprietor and true copy of related documents.
2. Partnership concern: full name and address of all partners and true copy of related documents.
3. Company concern: full name and address of all directors and true copy of related documents.
4. If you have claimed that the proposed mark is used since before application, please provide evidence for your claim. 
5. Please provide label of the proposed Trade mark (Label size 9cm x 5 cm ) or jpeg image.

TRADE MARK REGISTRATION LAWS IN INDIA, REGISTER TRADE MARK AS PER INDIAN TRADE MARK LAW :: READ MORE .

COPYRIGHTS REGISTRATION

What is copyright?

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. 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 creativity, which induces them to create more and motivates others to create.

What is the scope of protection in the Copyright Act, 1957?

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright protection for ideas, procedures, methods of operation or mathematical concepts as such

Does copyright apply to titles and names?

Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.

Is it necessary to register a work to claim copyright? 

No. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright. 

What is the procedure for registration of a work under the Copyright Act, 1957?

The procedure for registration is as follows: 
a) Application for registration is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules ; 
b) Separate applications should be made for registration of each work; 
c) Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ; and 
d) The applications should be signed by the applicant or the advocate in whose favor a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.

Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.

Whether unpublished works are registered?

Yes. Both published and unpublished works can be registered. Copyright in works published before 21st January, 1958, i.e., before the Copyright Act, 1957 came in force, can also be registered, provided the works still enjoy copyright. Three copies of published work may be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office.

When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form V with prescribed fee.

The process of registration and fee for registration of copyright is same.

How can I get copyright registration for my Web-site?

A web-site contains several works such as literary works, artistic works (photographs etc.), sound recordings, video clips, cinematograph films and broadcastings and computer software too. Therefore, a separate application has to be filed for registration of all these works. 

How long I have to wait to get my work to get registered by the Copyright office? 

After you file your application and receive diary number you have to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against your claim that particular work is created by you. If such objection is filed it may take another one month time to decide as to whether the work could be registered by the Registrar of Copyrights after giving an opportunity of hearing the matter from both the parties.

If no objection is filed the application goes for scrutiny from the examiners. If any discrepancy is found the applicant is given 30 days time to remove the same. Therefore, it may take 2 to 3 months time for registration of any work in the normal course. The cooperation of the applicant in providing necessary information is the key for speedy disposal the matter.