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Free Counseling 3rd December 2019

First and foremost we would like to thank you all for participating in the legal counseling session and making it a huge success. Do join us for our next session that will be scheduled shortly.


We have compiled most commonly asked questions during the session so that it can be of help for people who couldn't be a part of the session.


Intellectual Property


Q. I am selling stationery items and looking to brand the items. How do I find if the name I intend using to sell the items is already in use?


A. You can do a trademark search online in the concerned Jurisdiction where you intend using the name/selling the items.


Q. I wish to file a Patent Application in India and US. Is there any international filing option?


A. You may file your patent through PCT application in the country/city that you reside either on your own or through a registered patent agent. In the said application, you may designate US and India as the countries that you intend pursuing the patent in. You will require to file national phase applications at the appropriate time in each of these countries. In India appropriate time would be within 31 months from priority date/date of filing and in the US it would be within 30 months from priority date/date of filing.


Estates


Q. I want to draft a Will. How do I make sure it is not contested on the basis of authenticity after my death?


A. You can draw up your Will, sign in presence of two (2) witnesses and get it Registered. Registration makes the Will more legally authentic in terms of its execution and existence. Although Registration is not mandatory, you may choose to register it with Surrogates Court in New York. If the Will is being registered in India, you will need to file it with the office of the appropriate Sub-Registrar.


Co-operative Societies


Q. I live in Mumbai and have grievance against my housing society managing committee. Whom do I approach for filing complaint?


A. You will need to file a complaint with the appropriate Registrar of Co-operative Societies.


Family Law


Q. My marriage was solemnized in one city in India but I live in another city now with my children. My husband continues to live in the city where we got married. Can I file divorce proceeding in the city that I live now?


A. Yes, you may file for divorce proceedings in the city that you live at the moment.


Q. My Partner and I would like to have a child through Surrogacy in India. Are we eligible?


A. In India, as per the Surrogacy Regulation Bill 2019, only married couples (medically certified to be infertile) are eligible to be surrogate parents. There is age limitation too. Eligibility Certificate is required to be issued by appropriate authority before the intending couples can become surrogate parents.We would require more information to comment on your eligibility.


Immigration Law


Q. I am a foreign student in New York under F 1 visa. Can I apply for Optional Practical Training?


A. If you wish to do optional practical training ("OPT") in the US, you should get recommendation of your Designated School Official on your I-20 and then submit Form I-765 with U.S. Citizenship and Immigration Services ("USCIS"). You can opt for Pre-completion or Post-completion. You can begin OPT only after you receive authorization from USCIS.


Q. I am a foreigner in India on employment visa. I hear there is some mandatory registration required. Where do I register?


A. Foreign nationals in India with long term visa (stay for 180 days or more) are required to register with Foreign Regional Registration Officer/Foreign Registration Officer within 14 days of arrival. You can e-register at https://indianfrro.gov.in/eservices/home.jsp

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