If, however, you decide that you would rather handle your trademark application yourself, you should guard against certain pitfalls.

Where sweat equity shares are issued for a non-cash consideration on the basis of a valuation report in respect thereof obtained from the registered valuator, such non-cash consideration shall be treated in the following manner in the books of account of the company- where the non-cash consideration takes the form of a depreciable or amortizable asset, it shall be carried to the balance sheet of the company in accordance with the accounting standards; or Where clause (a) is not applicable, it shall be expensed as provided in the accounting standards.

Any mismatch will lead to rejection of DIN application.

Laws concerning eForm DIR-6 Rule 12(1) of the Companies (Appointment and Qualification of Directors) Rules, 2014 states that:- Rule 12(1): Every individual who has been allotted a Director Identification Number under these rules shall, in the event of any change in his particulars as stated in Form DIR-3, intimate such change(s) to the Central Government within a period of thirty days of such change(s) in Form DIR-6 in the following manner, namely;- The applicant shall download Form DIR-6 from the portal and fill in the relevant changes, attach copy of the proof of the changed particulars and verification in the Form DIR-7 all of which shall be scanned and submitted electronically The form shall be digitally signed by a chartered accountant in practice or a company secretary in practice or a cost accountant in practice The applicant shall submit the Form DIR-6 Key fields to be ensured in the E-Form In case of Indian nationals, Income-tax Permanent Account Name (Income-tax PAN) is mandatory in all cases even if there is no change in Income-tax PAN.

After receiving the application, the central government will crosscheck with all the creditors, debentures that the change is consensual thereby giving its approval.

And for doing so, an organization’s patent portfolio is essential for its future biggie along with its intellectual property assets like the designs, trademarks and copyrights which can be easily achieved with the help of patent portfolio management.

Therefore, to sign the documents digitally for authentication, one needs to have a Digital Signature Certificate (DSC), a digital code, which can be attached to an electronic document to verify the applicant’s identity.

To set up a Public Limited Company, one needs to: Choose a name Have a company address Appoint at least three directors Have at least seven shareholders Create an agreement containing details of all initial shareholders – known as Memorandum of Association Have the by- laws of the company - known as Article of Association Apply for DIN by filling DIR-3 File INC 29 to register the Public Limited Company with MCA Obtain Certificate of Incorporation from ROC File INC-22 for verification of Registered office address Choosing a Name The name of the company is its trade name or brand name along with its principal activities, and this company name is a registered name by which an incorporated company is identified.

For the foreigners residing in India, the documents required are: Resident Permit Passport Visa Application form passport photograph All the above documents are to be signed by Individual's Embassy.

Hence, under the automatic route if an investment is within the limits of FDI cap, an application for FDI in the Private Limited Company is not required for the same.

Documents required for PAN card registration The following documents are required for the registration For ID proof (any one) An authentic copy of the certificate of incorporation An authentic copy of the business registration certificate An authentic copy of articles of association How to apply for PAN card?

The companies which should have their own AOA are: Private companies limited by shares Companies limited by guarantee Companies with unlimited liabilities of its members Points to be taken care of while drafting an AOA Companies who are required to have registered articles may or may not adopt all the regulations mentioned in table A of the first schedule of the act and those who fail to do the same the provisions of the table will be applicable to them.

To apply for the DIN number, 1 DIN number will cost around INR 500/-, and 2 DIN number will cost around INR 1000/- 3.

Minimum requirements for the OPC are as follows; 1 Director 1 Member Minimum share of paid-up capital Rs. 1 Lakh DIN(Director Identification Number allotment) Digital Signature Certificate(DSC) Documents Required The ID Proof of the applicant & the nominee Address Proof of the applicant & the nominee Passport Size Photograph Current Occupation if any Contact details of the applicant Educational Qualification of the applicant Memorandum of Association(MOA) Article of Association(AOA) E-forms with RoC(Registrar of Companies) Copy of PAN Card of member and nominee Consent of nominee in Form No.

Forms Particulars Documents Required 1 DSC Form DSC (Digital Signature Certificate) DSC form signed by the Directors and Shareholders ID Proof (Pan Card) Address Proof (Aadhaar Card/Driving License/Voter ID Card/Passport/Telephone Bill/Electricity Bill/Ration Card/Bank Statement) Passport size photo of all the parties under company 2   DIR 3 DIN (Director Identification Number)   ID Proof (Pan Card) Address Proof (Aadhaar Card/Driving License/Voter     ID Card/Passport/Telephone Bill/Electricity Bill/Ration Card/Bank Statement) Passport size photo of  the Directors 3 Form INC 1 Application for reservation of name Max 6 names can be given on priority basis to apply in MCA Significance of the proposed names also required in the Form 4 Spice 32, 33 & 34  Incorporation document, subscriber’s statement, MOA & AOA.

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.

The applicant must submit a signed DSC application along with the identity and address proof of the applicant to get a Digital Signature Certificates.

Amendment of section 123 The following sub-section shall be substituted, namely:— "(3) The Board of Directors of a company may declare interim dividend during any financial year or at any time during the period from closure of financial year till holding of the annual general meeting out of the surplus in the profit and loss account or out of profits of the financial year for which such interim dividend is sought to be declared or out of profits generated in the financial year till the quarter preceding the date of declaration of the interim dividend: Amendment of section 129 The following sub-section shall be substituted, namely:— "(3) Where a companyhas one or more subsidiaries or associate companies, it shall, in addition to financial statements provided under sub-section (2), prepare a consolidated financial statement of the company and of all the subsidiaries and associate companies in the same form and manner as that of its own and in accordance with applicable accounting standards, which shall also be laid before the annual general meeting of the company along with the laying of its financial statement under sub-section (2): Amendment of section134 The following sub-section shall be substituted, namely:— "(1) The financial statement, including consolidated financial statement, if any, shall be approved by the Board of Directors before they are signed on behalf of the Board by the chairperson of the company where he is authorized by the Board or by two directors out of which one shall be managing director, if any, and the Chief Executive Officer, the Chief Financial Officer and the company secretary of the company, wherever they are appointed, or in the case of One Person Company, only by one director, for submission to the auditor for his report thereon."

On application of Director’s Identification Number (DIN) - Upon application of DIN at the MCA office basic details like name, mail-ID and address of registered office become accessible publically online.

This Scheme assists Start-ups in various steps, from the initial filing, until the registration of various Intellectual Property objects such TradeMarks, Patents and Designs.

This Scheme assists to the Start-ups in various steps from filing until registration of various Intellectual Property objects such as Trade Marks, Patents and Designs.

It is in the interest of the applicant to file his application meeting all requirements for registration.

So easiest way to avoid registration refusal is to remove conflicting goods or services from your application You can request for a trade mark application division.

To register the mark as a trademark, it has to meet the following criteria: It must be distinctive It must not be identical or similar to a mark already registered or any pending prior application for registration It must not be prohibited by law It must be owned by the applicant To sum up: A mark is identical if it recreates existing trademark (or prior trade mark application) without minor modification so a regular person will not notice any difference.

Not every person feels confident about applying to register a trademark by themselves.

So, let’s have a look at what are the application corrections.

If the applicant receives any such notice, it is in his right to provide the Examiner with evidence in support of the original application.

An applicant can use the Trademark journals to check if identical or similar marks already exist.

Where the Registrar considers that the reproduction of the mark furnished by the applicant does not sufficiently show the particulars of the three-dimensional mark, he may call upon the applicant to furnish up to five further different views of the mark and a description by words of the mark.

So it will be helpful if the applicant could show that the particular colour is associated with the Applicant and his goods and/or services.

Key examples of services liable to be taxed under reverse charge mechanism: Application fees paid towards processing of application for issuance of advance authorization Security service provided by the government Assignment by the government of the right to use radio spectrum Advertisement or promotion services other than print media Allocation of natural resources by the government or the local authority other than individual farmers Supervision fees charged by the excise authorities at the time of bonding of goods in STPI unit The above listed services will be chargeable only when the turnover of the business entity will be more than 10 lakhs and the gross amount charged for the service exceeds Rs 5000 Key examples of services exempted from chargeable tax include: Court fees taken in any tribunal or court Employee’s state insurance corporation administration charges Employee’s provident fund administration charges Water cess paid to a state pollution board Deposit by employer to employees provident fund Services in the nature of change of land use, commercial building approval, utility services provided by the government Registration fees paid to RTO for registration of vehicles After a careful observation it can be easily said that majority of the services obtained by the business entities would be liable under the reverse change mechanism.

What likely can be the causes of patent trolls?

The Trademark Law allows to file a trademark application in the following ways: Single-class Trademark Application is a trademark registration application to seek protection under any specified class of goods/ services.

The reasons why NICE Classification is important are: List and describe the products and services in specific classes that are used for the trademark registration application.

Grounds to File Trademark rectification The most common grounds to file an application of trademark rectification are: For making changes in the trademark that has been filed by the proprietor for registration.

Once the application is accepted, the owner needs to advertise the same in the trademark journal to inform about its restoration and invite objections from the people that might try to tamper later on.

Trademark applicants that have access to the gazette and check it regularly to monitor the registration of the mark or subscribe for trademark monitoring services commonly object to the registration of a mark that they think is similar to theirs.

Procedure if Your Trademark File has been Opposed: If anyone opposes a trademark file, then a copy of the Notice of Opposition is sent to the applicant within 3 months, drawing the attention of the applicant to the time limit requirement as prescribed in section 21(2).

Valuating intangible assets of your company like trademark or patent is a complex task which can turn your head upside dx`own, and thus makes the selling transaction adversative.

Every Trademark Application will go through the following steps.

Applicants for trademark are advised to use the TM or ® symbol with their brand name that is not yet registered and the ones that have obtained registration as the process of trademark registration is a long drawn process.

Colours Marks For registration, colour trademarks need to be filed with concrete evidence of use by the applicant, expressing the distinctive character of the colours, so as to say that they are exclusive and integral to the brand’s identity.

However, make sure that you perform timely IP audits and file the valid trademark, patent or copyright claims to prevent anyone from trying to steal your ideas.

The Name approval involves a complicated process wherein, you need to submit name applications to individual RoC(Registrar of Companies) jurisdiction based on the registered office address of the Company.

Hence, there are certain guidelines for choosing a name for your Private Limited Company which is also applicable for One person Company and Limited Company.

The following are the reasons for setting up an OPC; A One Person Company is applicable for the provisions of a Private Limited Company hence has exemptions in the compliance related burden.

The income tax returns are also to be filed if it is applicable.

The PAN of a company can be applied online and the form must be signed and sealed by the Director of the company.

NRI & Foreign Nationals Foreign Nationals and NRI's are not applicable for operating an OPC in India A Private Limited Company can have a Foreigner/NRI as a shareholder in the Company.

Taxation The Partnership profits are taxed at 30% in addition to the surcharge and cess as applicable.