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over 9 years ago

Llp Vs Opc

Ownership can be transferred Number of Members Minimum one person, who has to be an Indian resident, is required to start an OPC.
over 9 years ago

Advantages Of Llp

Limited Liability Partnership was originated in India by way of the Limited Liability Partnership Act, 2008.
over 9 years ago

The Rise Of The Guns: Defence Should Be The Backbone Of The Make In India Campaign

Fortunately, the current government understands the gravity of the situation and has worked hard to woo the likes of Lockheed Martin (USA), Dassault Aviation SA (France), Raytheon (USA), Israel Aerospace Industries (Israel) among others, who all have shown an interest in investing in the country, this will not only give a boost to the defesce sector; it will also open up employment opportunities.
over 9 years ago

Annual Compliances For Private Limited Companies

Every company incorporated has to follow a procedure of intimating the concerned government departments about the various activities conducted within the company from time to time.
over 9 years ago

Import Export Code (Iec)

There are various ways by which government use to promote Export products out of India.
over 9 years ago

Geographical Indications Vs. Trademarks How To Differentiate Between The Two?

Have a look at the examples below that outline the difference between the two:   While trademark has been defined under section 2(1) (zb) of the Indian Trademarks Act, 1999, geographical indication has been defined under section 2(1) (e) of the Geographical Indications of Goods (Registration and Protection) Act, 1999, which runs as follows: “geographical indication”, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.
over 9 years ago

Benefits Of Msme Registration

Excise Exemption The Government of India has exempted payment of the excise duty for MSME holders whose value of turnover did not exceed Rs. 1.5 Crore on the first day in the financial year.
over 9 years ago

Msme In India: Govt Benefits, Process And Documents Required

The Govt. of India, too, has initiated different schemes under Central and State Government to provide a stable background to such companies.
over 9 years ago

Paytm Vs Pay Pal: What's The Dispute And How To Avoid It For Your Business

PayPal has opposed the registration of Paytm’s mark with the Indian Trademark Registry.
over 9 years ago

The 5 Qualities That Successful Entrepreneurs Share

This what most successful Indian entrepreneurs like Tata and Birla abide by, so challenge yourself.
over 9 years ago

Is “Make In India”: Working?

THERE HAS NEVER BEEN A BETTER TIME TO MAKE IN INDIA.”
over 9 years ago

Copyright Vs Trademark – What Protects What?

In India, copyright law is governed by the Indian Copyright Act, 1957, where section 13 of the Act lists the works in which copyright subsists.
over 9 years ago

Trademark Registration Charges Increased As Part Of Digital India

Physical application prices increased by 25% As a part of Digital India initiative, Government is encouraging more online filings than physical filings.
over 9 years ago

International Trademark: Here’s How To Get Yours

Currently, the Union has 98 members, extending up to 114 countries.India joined the Madrid Protocol with effect from July 8, 2013 and consequently, made amendments to the Indian Trademarks Law (via inclusion of Chapter IVA in the Trade Marks Act, 1999 in accordance with The Trade Marks (Amendment) Act, 2010).
over 9 years ago

Copyright Vs. Trademarks – What Protects What?

In India, copyright law is governed by the Indian Copyright Act, 1957, where section 13 of the Act lists the works in which copyright subsists.
over 9 years ago

'Rangoon' Faces Legal Trouble For Copyright Infringement From Roy Wadia

He claimed that, Rangoon is a Love triangle between an actress, an Indian fighter, and a film producer It is based on World War-II and the Indian Freedom Movement The script of the movie started back in 2005, it underwent iterations and was completely overhauled over the past few years The script on which the film is based is registered with the Film Writers Association in 2016 The character of Kangana is a composite of several leading ladies of that era and not on the film actress Nadia The defense of fair dealing is the main catch point of copyright law.
over 9 years ago

What Is Trademark Tarnishment And How To Deal With It?

The Court, while referring to section 29 (4) of the Trade Marks Act, 1999, recognized the essentials for dilution as under: (1) The impugned mark must be identical or similar to the injured mark; (2) The one claiming injury due to dilution must prove that her/his mark has a reputation in India; (3) The use of the impugned mark is without due cause; (4) The use of the impugned mark (amounts to) taking unfair advantage of or is detrimental to, the distinctive character or repute of the registered trademark.
over 9 years ago

Cybersquatting Laws In India

Some familiar examples of these are; com- commercial businesses, gov-Government agencies, edu-educational institutes and org-organizations.
over 9 years ago

Exemptions For Private Limited Companies

Based on the feedback and concerns raised by the related persons and experts, the Act is further amended several times relaxing few provisions therein, aiming for a business-friendly India. A
over 9 years ago

Start Ups And Loss Of Trademark Rights – How You Can Stay Safe

The situation for Pinterest may turn out to be graver than it currently is, with Premium Interest Ltd. gearing up to register the trademark PINTEREST in Australia, New Zealand, Brasil, Turkey, Malaysia, South Korea, India and Japan.
over 9 years ago

Insolvency And Bankruptcy Code 2016

The Government observed that a critical improvement is required in the credit market regime and a reform in the laws related to insolvency and bankruptcy can only help to bring back the confidence of the creditors to invest in creditors market.
over 9 years ago

Lifting Of The Corporate Veil

The recent India has observed the Corporate Veil lifting by the Debt Recovery Tribunal when a consortium of bankers has urged for piercing the protection for Vijay Mallya assets in Kingfisher Finvest’s Insolvency.
over 9 years ago

Understanding The Startup India Action Plan

To become eligible for the Government scheme announced following are the eligibility criteria: An entity incorporated or registered in India (for ex.
over 9 years ago

How To Establish Use Of Mark For An Intent To Use Application?

If a trademark application has been filed on an intent-to-use basis without being aware of the fact that the trademark is already in usage in India, an application can later be filed to amend the date of usage and put in the actual date of the use of the mark.
over 9 years ago

Companies (Incorporation) Amendment Rules 2016

  The key highlights of the third amendment are noted below: Natural Person: In the incorporation of One Person Company, a Resident Indian Citizen shall not be member or nominee of more than a One Person Company at any point in time.
over 9 years ago

Buyback Of Shares By A Company

Thwart takeover bid Diminish the capital structure of the company by writing off capital which is not supported by assets Future use: The repurchased shares can be used in the future at the time of any merger and acquisition without raising the capital Legal provisions for repurchasing shares In India, the repurchasing of shares are governed under various rules and Acts.
over 9 years ago

Fast Track Exit Scheme

Companies against which prosecution for a serious offence is pending in court Companies which have accepted public deposits that are either outstanding or the company is in default as the payment is due for the same Companies having secured loans or management disputes Companies in which court or Company Law Board stays filing of documents (CLB) or Central Governmen or any other competent authority Companies have dues towards Income Tax/Sales Tax/Central Excise/Banks or Financial institutions or any other Central or State Government Departments or authorities or any local bodies.
over 9 years ago

Fa Qs Limited Liability Partnership

What are the rights and duties of a Designated Partner of an LLP Mutual rights and duties of the members are governed by the agreement between the partners or between the LLP and its partners subject to the provisions of the LLP Act 2008.
over 9 years ago

What Can And Cannot Be Registered As A Trademark

It contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the Indian citizens.
over 9 years ago

Information To Include In A Trademark Application

An overview of the key information to be included in the application along with additional particulars which need to arranged and duly verified before filing in  order to accept the trademark application without objection: Applicant's full name, address and nationality Applicant's home country address, in case of convention application Type of applicant- individual, joint proprietors, partnership firm, company, or a government undertaking Principal place of business and a valid email address Name, description and 2 copies (image) of the trademark Description of all the goods and services that your trademark covered Power of attorney (in case agent file the trademark application) and name of the trademark owner Translation of the trademark, if contains foreign words Statement of use, only if mark is already in use What are the other parameters needed to be verified before filing a trademark application?
over 9 years ago

The Emblems And Names Act,1950

The Government of India or of any State, or any other insignia or coat-of-arms used by the Government or any Department.
over 9 years ago

Guidelines For A Foreign Director/Partner

foreigner can also act as a founder of the Indian company For the sake of convenience; many foreign-owned companies have an Indian shareholder and director.
over 9 years ago

Foreign Directors/Partners

All supporting documents including photograph should be certified by the Indian Embassy or a notary in the home country of the applicant.
over 9 years ago

Non Conventional Trademarks In India

Non-conventional trademarks thus can be both: Tangible signs: Colors, shapes, moving images, holograms, positions Intangible signs: Sounds, scent, taste, texture Examples of Non- Conventional Trademarks India’s recognition of such marks is a streak of the maturing intellectual property regime in the country.Some example of Non- Conventional trademarks are: Yahoo!’
over 9 years ago

Fa Qs Company Registration In India

Foreign Company is a company registered outside India, under a foreign law other than Indian law. 5.
over 9 years ago

Types Of Bank Account A Foreign Director Can Hold In India

For a Non-Resident Indian or persons of Indian origin are allowed to open foreign currency accounts with banks in India Foreign Currency (Non-Resident) Accounts (Banks) Scheme - [FCNR(B)]  and Resident Foreign Currency (RFC) Accounts Schemes.
over 9 years ago

Fa Qs Public Limited Company

How can a subsidiary of a Foreign Company be incorporated as a Public Limited Company in India? In
over 9 years ago

Advantages And Disadvantages Of A Public Limited Company

As the company is being governed by a Board, no individual interest will rule over. 2.
over 9 years ago

Registration Procedure For A Public Limited Company

For all the Resident Indian Directors Income-tax PAN is a mandatory requirement.
over 9 years ago

Requirements For Incorporation Of A Public Limited Company

Though Foreign National or NRIs can be a director of a public limited company, any one of the directors should be a resident Indian citizen.
over 9 years ago

Naming Of Company Requires Pre Approval

The Company name that includes the following will require Central Government approval: (a)Board (b) Commission (c) Authority (d) Undertaking (e)National (f) Union (g) Central (h) Federal (i) Republic (j) President (k) Rashtrapati (l) Small Scale Industries (m) Khadi and Village Industries Corporation (n) Financial, forest, Corporation and the like (o) Municipal (p) Panchayat (q) Development Authority (r) Prime Minister or Chief Minister (s) Minister (t) Nation (u) Forest corporation (v) Development Scheme (w) Statute or Statutory (x) Court or Judiciary (y) Governor (z) Bureau Also, the usage of word Scheme with the name of Government, State, India, Bharat or any government authority or in any manner resembling with the schemes launched by Central, state or local Governments and authorities also require approval from Central Government Ending Names As per the Act, it is mandatory to suffix the type of Company name or should be shown as prescribed.
over 9 years ago

Name Approval Guidelines As Per Companies Act 2013

As per the Act, the name could be undesirable if it: Consists of any word which gives the impression that the company is connected with any Government or Government bodies unless an approval of central government is obtained.
over 9 years ago

Procedure To Register A Company In India

However, these companies are permissible to conduct business in India as per the law applicable to it.
over 9 years ago

Trademark Renewal And Restoration

  Get Started Get Started Cost of Trademark Renewal And Restoration Particulars Trademark Renewal Trademark Restoration   Renewal within 12 months before the expiry of registration Renewal within 6 months after the expiry of registration Renewal after 6 months from the expiry of registration but within one year Government Fee 9,000 9,000 9,000 Surcharge - 4,500 4,500 Restoration Fee - - 9,000 Professional Fee 1,270 1,270 1,270 GST 229 229 229 Total Cost 10,499/- 14,999/- 23,999/- Trademark Renewal and Restoration Process Although, the same form and process are followed to renew or restore the trademark.
over 9 years ago

Advantages And Disadvantages Of A Private Limited Company

Popular for Startups: The government has provided certain exemptions to the startups type of companies and which are very popular among foreign investors.
over 9 years ago

Types Of Non Profit Organizations In India

Certain non profit types of companies can also be established in India, they are: Section 8 Company A Section 8 Company is the most popular forms of Non-Profit Organizations in India, recognized under the Companies Act, 2013.
over 9 years ago

Intellectual Property Resources

The primary IP resource in India, Intellectual Property India, has been set up and is regularly monitored and updated by and under the supervision of the Office of the Controller General of Patents, Designs and Trademarks, Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India.
over 9 years ago

Frequently Asked Questions On One Person Company

Can an Indian citizen who is living abroad allowed forming One Person Company?
over 9 years ago

Income Tax Return Filing Under Itr Form 4

A new provision is also brought in by the government into the scheme as one should file their returns under the presumptive scheme for at least 5 years in continuation, else shall lose tax benefits under this scheme.
over 9 years ago

Can Places Of Origin Be Registered As Trademark?

Registration In India, the acts that deal with the protection of GI are - ‘The Geographical Indications of Goods (Registration & Protection) Act, 1999’ (GI Act), and the ‘Geographical Indications of Goods (Registration and Protection) Rules, 2002 (GI Rules).