Legal Question in Intellectual Property in India

I wish to obtain a trade mark such as “Dr. Morpen”(example) . My primary research shows this mark is not registered to anyone yet under any class.

I wish to brand high quality Ayurveda preparations under this brand that I wish to acquire.

These preparations will be monitored and advised by our consultant who’s name is also the same as the brand name I propose to register. In order to avoid any conflict going forward, I wish to sign a MoU with this person that I will be the rightful holder of the TM with his name and he will only get a % of the sales proceeds for his consulting for as long as he is a consultant with us. Can anyone advise me what kind of an MoU am I looking at and any critical points I need to keep in mind while having this MoU drafted?


Asked on 12/29/18, 4:10 am

1 Answer from Attorneys

Jeevesh Mehta Maven Legal LLP- Advocates & Consultants

Hi,

There will only be a No Objection Certificate from that person. No MOU required.

Regards

Jeevesh Mehta, Partner

Maven Legal LLP- Advocates & Consultants

9811617186

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Answered on 1/01/19, 11:59 pm


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