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over 9 years ago

Chinese Trademark: An Idealistic Paradox

Fill in The Basics: File an application with the Chinese trademark office.
over 9 years ago

India: Bait For It Giants

However, with the dawn of the internet, a new challenge to explore the IT sector with latent potential emerged, to set the lions to roar.
over 9 years ago

Mars Vs Cocovaa : Details Of The Trademark Infringement Case.

Mars got ‘COCOAVIA® Goods and mark registered with the US Patent and Trademark Office (USPTO), under the Registration No. 4,79,465  under CLASS 5 (pharmaceuticals) on 24th July 2012.
over 9 years ago

Govt Of India Is To Come Up With A Reality Show To Promote Entrepreneurship

These Sharks or Dragons in disguise have the explicit power to decide the fate of funding for such applicants.
over 9 years ago

Cab Users There Is Another Rescue In Town: For Your ‘Sewa’!

Ease of Registration: The Drivers can easily apply for the same until 30th March.
over 9 years ago

Llp Compliances

LLP Seal Round type rubber seal with LLP name and designation would be required for opening a bank account and applying for the PAN.
over 9 years ago

Llp (Limited Liability Partnership) Vs Partnership

Taxation The earning of the Partnership are taxed as follows 30% flat rate + 3% cess+ 10% surcharge (Surcharge will applicable if taxable income exceed Rs. 1 crore.)
over 9 years ago

Limited Liability Partnership (Llp) Vs Private Limited

  Only Income Tax and Alternate Minimum Tax is applicable on a Limited Liability Partnership however; Private Limited Company has to pay Income Tax, Alternate Minimum Tax and Dividend Distribution Tax also.
over 9 years ago

Llp Taxation

Surcharge @ 10% will be applicable if the income of LLP exceeds Rs.1 crore in any financial year.
over 9 years ago

Personified Features Of One Person Company

Being OPC is treated as a private limited company, the same tax slab is applicable and should have to pay 30% tax on profits, and Dividend Distribution Tax and Minimum Alternate Tax are also applicable.
over 9 years ago

Llp Rules

Rules which are applicable in the Incorporation process of LLP.
over 9 years ago

Documents Needed To Close An Llp

1. Application required A detailed application for Striking of the LLP A copy of the detailed application is required to be made in eform 24 to the ROC (Registrar of Companies) stating the full details of LLP and reason for closing the LLP.
over 9 years ago

Let's Navigate Through Startup India's Mobile Application

STARTUP RECOGNITION • Startups which qualify under the G.S.R. notification 180(e), i.e. definition of a ‘Startup’, and are incorporated in India can opt to apply for the Recognition of a Startup. • The pre-requisites are: (a) An innovative object (b) Letter of Recommendation from Incubators (c) Proof of Entity Incorporation in India • The App provides a single screen access, where the applicants can fill in the simple Form and upload the required documents.
over 9 years ago

Gst Bill Gets Streamlined

  INTEGRATED GST  It will be applicable on Inter- State Supplies of goods and services.
over 9 years ago

Can A Celebrity Be Trademarked: A Look At The Celebs Who Tried, Who Failed And Who Succeeded...

She learnt from her mistake and straight away applied to safeguard her name.
over 9 years ago

A Price Hike In The Notified Trade Mark Rules, 2017

However, Now the new notified Rates for Application for Registration are (TM-A): S.No.
over 9 years ago

How To Ensure You Do Not Bite The Dust While Investing In Ipo

Few investors just managed to capture 2.1% of what they applied for.
over 9 years ago

How Trump’s New Policy For H 1 B Visa May Effect India More?

Every year 3,00,000 people apply for this H-1B visa from all around the globe and only 85,000 are selected.
over 9 years ago

Llp Vs Opc

LLP profits are also taxed 30% in addition to the surcharge as applicable.
over 9 years ago

Benefits Of Msme Registration

Bank Schemes MSME holders are offered easy loans with a lower rate of interest applicable for all public and private sector banks.
over 9 years ago

Msme In India: Govt Benefits, Process And Documents Required

Any business entity (sole proprietorship, partnership, OPC etc.) can apply for the msme certificate, however; there are different investment limits for the applicants.
over 9 years ago

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

PayPal claims that “there is no reason for the applicant (Paytm) to adopt the identical colours and colour scheme other than to take advantage of the reputation the opponent (PayPal) has built up into this combination in connection with its popular services.”
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

Japan Accorded Its First Colour Trademark

Finally, in April 2015 Japan encapsulated the idea of providing, Signature “Colour” licenses to brands.It has received more than 2000 applications so far.
over 9 years ago

International Trademark: Here’s How To Get Yours

The Process: How You Can Get Your International Trademark Stage 1  – To file an application under the Madrid Protocol in India, theapplicant needs to first have applied for registration at the Indian Trademark Office.
over 9 years ago

What Is Contributory Trademark Infringement?

Under Trademark Law, the doctrine of contributory infringement is similar to those under to those under patent law and copyright law but it is not very well developed.
over 9 years ago

Exemptions For Private Limited Companies

The exemption to the Act provides that both the above-mentioned clauses are not applicable to a private company if the memorandum of association or the articles of association of such private company provides so.
over 9 years ago

Pre Incorporation Contracts & Provisional Contracts

Can be applicable to public limited and private limited companies.
over 9 years ago

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

Failure to register the word PINTEREST at the USPTO until 2011 despite launching its business in 2010, lack of supporting documents provided for the application to mature to registration, documents furnished in furtherance of the claim for prior (non-registered) trademark rights in the UK proven unpersuasive, delay in filing crucial evidence towards the end, are some of the reasons Pinterest lost the trademark battle against Premium Interest Ltd.
over 9 years ago

Loss Of Trademark Rights

Section 47 of the Trade Marks Act, 1999 provides for removal of a registered trademark in two scenarios, if it is proved that: The trademark was not registered with a bona fide interest and was not put into use three months prior to the date of application If there has been continuous non-use of the mark for a period of 5 years Exceptions couched under clause 3 of section 47, are allowed on the following grounds: if the non-use of the trade mark can be proven due to due special circumstances in the trade, which includes restriction on the use of the trade mark in India imposed by any law or regulation but does not include any intention to abandon the trade mark in relation to the goods or services to which application for removal relates.
over 9 years ago

Insolvency And Bankruptcy Code 2016

The Government has the view that such consolidation would aid great clarity in debt default laws and would facilitate the application of consistent and coherent provisions to different stakeholders affected by business failure or inability to pay debt.
over 9 years ago

Lifting Of The Corporate Veil

  Section 251(1) deals with liability for making fraudulent application for removal of name of company from the register of companies and Section 339 deals with liability for fraudulent conduct of business during the course of winding up.
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

Responding To A Cease And Desist Letter

Though used in many different situations- such as in cases of defamation (libel and slander), breach of contract and debt collection; Cease and Desist letters are mostly used in connection with purported infringement of the bundle of IP rights, such as trademarks, copyrights and patents.
over 9 years ago

Applying Trademark Online

Earlier, in the absence of an online application, in order to apply for a trademark, the application had to be filed in one of trademark offices depending on the place of residence or place of business, manually or by post; however, now you can do so online.
over 9 years ago

Applying Trademark Through An Attorney

Trademark attorneys and Trademark agents are the persons who possess the qualifications as set out by the Registry to apply for a trademark and have all the know-how of the registration process and are entitled to practice before Trade Mark Registry.
over 9 years ago

Buyback Of Shares By A Company

  For a private company or an unlisted public company, Section 68, 69 and 70 of the Companies Act and Rule 17 of the Companies (Share Capital and Debentures) Rule 2014 are applicable.
over 9 years ago

Fast Track Exit Scheme

The applicant Company can take its time for replying to the objections raised by RBI, Income Tax Department or any other department as no such fixed period is specified by ROC for the replies given by the Applicant Company.
over 9 years ago

Partnership / Proprietorship Vs. Company

Taxation Private Limited Company: The profits of a private limited company are taxed at 30% plus surcharge and cess as applicable.
over 9 years ago

Fa Qs Limited Liability Partnership

The Stamp Duty payable for LLP Agreement is subject to which state the LLP is incorporating and the Stamp duty is applicable to the State Stamp Act of that State.
over 9 years ago

Use In Commerce And Intent To Use In Commerce

A trademark  is a “word, phrase, symbol or design, or a combination thereof, that recognizes and distinguishes the source of the goods of one party from those of others, as per the definition of the United States Patent and Trademark Office (USPTO) definition.
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

Concurrent Use And Co Existing Registration

The use of the mark by the applicant, though similar or identical to another mark, must not be mala fide (with bad intent).
over 9 years ago

The Emblems And Names Act,1950

Further, the “Competent Authority” for the purposes of the Act means the relevant authority competent to register any company, firm or other body of persons or any trademark or design or to grant a patent.
over 9 years ago

The Madrid Protocol

  How to Apply?
over 9 years ago

Guidelines For A Foreign Director/Partner

The Rule is not only applicable to any Foreign National Directors, but also to any Foreign Nationals in general.
over 9 years ago

Foreign Directors/Partners

After this process only, he can act a Director of the Company Application for DIN A foreign national or an NRI shall make an application in online for obtaining DIN in electronic.
over 9 years ago

Non Conventional Trademarks In India

Trademark registries and courts deal with trademarks applications for: Silhouettes Shapes Scents Textures Tastes Single colours inclusive of short cartoons.
over 9 years ago

Fa Qs Company Registration In India

The process of registration of DSC is same as applicable to others. 23.