The law of trademark is based mainly on the concepts: distinctiveness similarity of marks and similarity of goods and is governed by the Trade Marks Act, 1999.

However, in an effort to improve the ease of doing business and to make India a world-class investment destination, the Government of India has allowed 100% FDI in LLP under the automatic route.

One Person Company One Person Company (OPC) is a newly introduced type of company in India.

This practice is linked to the principle of exhaustion of rights encompassed under the Indian Trademarks Act of 1999 and which is derived from Article 6 of TRIPs.

Evolution of Trademark Law The origin of the Indian Trade Marks Act dates back to UK’s Trademarks Act of 1875.

Further, the Registrar will be publishing an index enlisting the goods and services of Indian Origin.

PAN card is compulsory for Indian residents and passport is mandatory for foreign nationals.

Filing of LLP Agreement The Agreement governs the rights and duties of partners and the LLP itself.

Any number of NRIs or foreign national can become members in an LLP provided at least one partner must be India citizen and Indian resident.

Emblems and Names (Prevention of Improper Use) Act, 1950 No one can use the marks or names which are listed below without the prior approval of the Central government or State government in any trade, business or in the title or any patent, trademark or design.

Additional Taxes As defined by the government. 4.

Uniformity Of Tax Rates And Structures: By ensuring uniform indirect tax rates and structures common across the country, it will increase the certainty and ease of doing business in India. In

After GST implementation in India on 1st July 2017, all the current taxpayers belonging to Central Excise, Service Tax, Sales Tax of State etc, will have to register themselves to the GST portal operated by the GSTN for migrating themselves to GST tax system.

SGST SGST is a tax that is levied on all intrastate supplies of both Goods and Services by the state government and is governed by SGST act.

In this particular article, we will brief the process of registering as a dormant company in India and its benefits.

As per the Companies Act, 2013, and the mandatory regulations of Reserve Bank of India, there are some limitations in the acceptance of deposits in a Private Limited Company.

Thus, a thorough research is essential for the following reasons: To find out any similarities or likelihood with any existing trademarks To come across any potential for lawsuits of infringement To discover the feasibility of business expansion Protection of Domain Name The Indian trademark law records various requirements for a domain name to attain protection.

Doctrine of Trademark Dilution in India In the early 1990’s, trademark dilution had been recognised by Indian courts.

Along with the above, it is to be ensured that there is proper Corporate Governance and Proper Compliance of various provisions of Companies Act, the following can be implemented in case these are not followed: There would be non-acceptance of e-filing by the ROC from the directors of the defaulting companies for any other company The auditors and the company secretaries of the defaulting companies are disallowed to certify or sign the filing with MCA-21 system, till the defect is solved by following the proper norms.

While the Companies Act, 1956 warranted that Central Government approved related party transaction conducted by companies under large cap category as per the Companies Act, 2013.

The Indian Government has shown its initiative to make business easier in India by introducing some effective measures in the Startup India Action Plan 2016.

According to the Indian law of trademark, a good trademark should have the following qualities: It ought to be anything but difficult to profess and recall in the event that it is word stamp In the event of a gadget stamp - ought to be fit for being portrayed by a solitary word.

According to Section 29 in ‘The Trademarks Act’ (1999), the Government of India lists the attributes that amount to Trademark infringement The tenacity of the mark The depth and the inner meaning of a trademark logo illustrates the strength of the mark.

Here is a brief on some of the major features of a Private Limited Company incorporated in India. 1.

The subscriber may be resident or non-resident, foreign or Indian national.

The numerous common suffixes including: .org - Nonprofits .gov - Government agencies .edu - Educational institutions .biz - Businesses .net - Network related entities Domain names unfit for trademark registration There are certain restrictions while registering a domain name as a trademar. any domain name that does not represent any goods or services  if the domain name is just an address for a website stands unfit for being registered as a trademark standard domain names or terms used in a broader sense also lie unfit for registration as trademarks.

Apex body allotting DIN in India The Central Government (Office of Regional Director (Northern Region), Ministry of Corporate Affairs, NOIDA) is the apex body which has the power to allot the DIN.

In India, a trademark stands fit for removal from the register of trademarks under two scenarios.

Ltd. was formed in the year 2004 as the Indian subsidiary of the Atlanta-based VSoft Corporation.

Well, it seems a new concept for a developing country like India, but is a common means of tax collection in the developed countries.

According to this list, the top 5 most valued Indian brands are as follows:- 1.

When incorporating any business in India, it is important to structure it as per the company laws prevalent in that state.

A new amendment in the Companies Act, 1956 came into existence with the insertion of Part IX A. This inclusion was introduced in the form of Producer Companies.

All supporting documents including photograph should be certified by the Indian Embassy or a notary in the home country of the applicant or by the practicing chartered accountant or company secretary or cost accountant.

Having a DIN is mandatory now and in case of any changes, the DIN holder needs to inform the same to the Central Government.

Every company after its incorporation is legally required to register for an office address within 15 days where all the government notices, agendas and other legal documents and communications are being addressed.

The structure should be: Once you have decided on a name, do a Trademark Search to check if you are accidentally infringing any existing trademark To check the name availability with MCA, you can go to www.mca.gov.in so that you are sure that no other business is using that name that you are considering to use Name approval process is governed by Ministry of Corporate Affairs (MCA) as per the Company Name Availability Guidelines issued under Companies Act 2013 Company Address ‘Company Address’ is the address of the Registered Office of the proposed company which is used for all official communications.

There are certain steps associated with the incorporation of a Limited Liability Partnership for foreign nationals: The Structure: The firm needs to have a minimum of two partners and among the partners, it is must to have at least one of Indian origin i.e. both citizen and resident of India.

The article below entails some noteworthy points about setting up a FDI in Private Limited Company in India. A

The deed made should be on a stamp paper in agreement with the Indian stamp act and each partner should have a copy of the deed.

The government of India under the Income Tax Act, 1961 made PAN generation obligatory for individuals and any form of entity while the payment of counterpart in India.

Can a government servant, start his/her own company?

Being in want for a prompt, economical and Volant dispute resolution procedure which is aided by the developing technology of the country and various economic liberalization policies, lead to the changes in the arbitration act which has been now brought into force with the hope of making India a preferred seat of arbitration because of the dampening of the old resolution system for the small and medium scale businesses who are in a fight with the large companies, business or firms.

The company registration process in India goes through a number of steps and only then the company is provided with a registration certificate after which the company can commence its business operation in India.

Before registering a company in India, the promoters should decide on the most flexible and viable business structure for them.

The act states the law as follows:- Prohibition of improper use of certain emblems and names Notwithstanding anything contained in any law for the time being in force, no person shall, except in such cases and under such conditions as may be prescribed by the Central Government use, or continue to use, for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade mark or design, any name or emblem specified in the Schedule or, any colorable imitation thereof without the previous permission of the Central Government or of such officer of Government as may be authorized in this behalf by the Central Government.

DIN Number Registration Any person intending to register a Private Limited Company or Limited Company or One Person Company (OPC) in India needs to get a DIN number and becomes a part of Board of Directors.

It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Services not to be rendered in the capacity as Statutory Auditor The following services shall not be rendered by the Auditor directly or indirectly to the Company, or its Holding or Subsidiary Company:- Accounting and Book keeping service Internal Audit Design and Development of any financial information system Actuarial Services Investment advisory services Investment Banking Services Rendering of outsourced financial services Management Services Any other services as may be prescribed by the Government.

Keeping all that in mind, the Government of India has decided to help innovative businesses by initiating "The Scheme for Facilitating Start-ups Intellectual Property Protection (SIPP).