In 2007 she stepped into Partnership for Diamond Industry which grows at very high rate but after certain point it is going to be closed.

Well, this H-1B visa policy can affect the companies, by this H-1B visa IT companies like Infosys, Wipro etc hire IT guys from India on economic salary, which saves the cost and grows their profit.

 The very thought of relaxing on a shack at Calangute, sipping your beer while looking at the setting sun, might just steer you up, to plan a long weekend with friends in Goa.

This agreement made on non-judicial stamp paper and stamp duty paid according to the State Stamp Act.

More choices are available now with the introduction of the Limited Liability Partnership Act and the Companies Act, 2013.

Limited Liability Partnership was originated in India by way of the Limited Liability Partnership Act, 2008.

It’s a known fact that India’s war time and defence strategy had always been designed keeping China in mind ever since the war back in 1962 ended in a Chinese victory.

Did you just get your company registered?

Which also result in reducing the cost of your product  For example, exporter can save tax of Penultimate sale by Form H under Central Sales Tax Act 1956 It also gives you the access to get new Resources from out of India for better quality of the Product.

You are possibly not aware that at least some of the names stand out in the crowd and are distinct from the others in the list not only because of goods/services of a superior quality, but more so because they belong to a certain geographical location that contributes to, and is an inherent and inseparable part of the uniqueness of those products.

MSME Certificate aims at the promotion and development of micro, small and medium enterprises and classifies the enterprise into different categories depending on their investment.

  Note: For manufacturing companies, original cost of equipment, plant and machinery is considered.

Since the two companies belong to the same industry and offer some identical services, it is very unlikely that Paytm was not aware that the mark PayPal was already being used before it.

You might think that setting up a business requires setting up a formal structure like a Private Limited Company, some luck and money more than anything.

SunEdison, the Missouri based power company intends to invest $ 4 billion to build a solar panel factory in India.

For example, it is common to find start-up entrepreneurs thinking it will be doable to protect their companies’ “ideas” or business names through copyright, which, according to them, automatically translates to brand and business protection as a whole.

Ltd. is a Japanese stationery company, came to existence in 1913.

But Sole proprietorship is an old-school concept whereas One Person Company is a B-School concept.

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).

For example, it is common to find start-up entrepreneurs thinking it will be done to protect their companies’ “ideas” or business names through copyright, which, according to them, automatically translates to brand and business protection as a whole.

Copyright infringement is that thin invisible line which when crossed makes the bait, snap at you.

Therefore, a prior user of the marks should be protected against monopoly rights conferred by the Act.

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.

Cybersquatters aim at associating themselves with the well-known trademark in order to profit out of it.

A notification made on 05th June 2015 notified exemptions for private companies from certain provisions of the Companies Act 2013.

As per the Act, the company can neither sue nor it can be sued on the basis of such contracts because the company was not a party to such contracts.

Closer home, copyright and trademark infringement cases slapped on ‘Flipkart Discounts’ by giant e-commerce company Flipkart and by PayPal against Indian mobile payment app Paytm respectively, are some fresh cases of IP disputes in the current start-up industry.

The Board therefore held on account of section 47 of the Trade Marks Act, 1999, that registration alone would not prove use of trademarks, the same were liable to be cancelled if allegations of non-use are not rebutted by registered proprietors (as Cadbury had done in the instant case).

Invitation, acceptance & repayment of deposits of the companies described in of the companies Act, 2013 Sec.73 to 76 Companies require funds for expanding their business activities due to comprehensive business environment.

According to the Government, the outcome for the recovery action by creditors were not as desired through the Contract Act or through special laws such as the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

In the eyes of law, the company can be held liable for an act done in the name of the company and at the same time it formed for lawful purpose only.

A Company under the Companies Act, 1956 / 2013, a Partnership Firm or a Limited Liability Partnership) shall not be more than five years old; Its annual turnover should not have exceeded INR 25 Crore in any preceding financial year; and It is working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property.

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.

Taking into account various precedents in the realm of right to free speech or fair criticisms in matters of public concern, the various forms one may exercise free speech,  a general worldview of parodies of trademarks as well as defamatory material published online, section 29 (4) of The Trademarks Act, 1999 and the parameters laid down under it to constitute trademark infringement, and finally, the exception of truth as an element to defamation.

This defeated the purpose of the Trademark Act to grant the protection to the business as Trademark was not registered.

The knowledge of the Trademark Act and Trademark Rules is required not only to ensure the protection of the trademark but also for the registration process to go smoothly, overcoming all the possible objections and oppositions that one faces while getting a registration done.

The Ministry of Corporate Affairs has amended the Companies (Incorporation) Amendment Rules 2016 as an amendment to the Companies (Incorporation) Rules 2014.

  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.

Listed companies: Companies that have been de-listed by ROC due to non-compliance of Listing Agreement or any other statutory Laws Companies under section 8 of the Companies Act, 2013 Vanishing companies Companies where inspection or investigation is yet to be taken up or where completed prosecutions are arising out of such inspections or investigation are pending in the court Companies where ROC has issued notice u/s 234 of the Companies Act, 2013 or Section 206 or 207 or it is under section 25 Companies act, 1956 (old law) and the reply are pending or not yet submitted.

A few fundamental differences between a partnership, proprietorship, and company: Process of registration Private Limited Company: These entities are registered with the Ministry of Corporate Affairs under the Companies Act, 2013 Sole proprietorship: In the case of sole proprietorship, no legal formalities are required for the registration of such an entity.

A promoter is an individual who does the vital preliminary work incidental to the formation of a company.

The act provides flexibility to devise the agreement as per their choice.

The new Act has enormously increased the scope of registerable marks, as whatever is not prohibited from registration is registerable, if it satisfies the requirements of Section 2 viz.

Suggestive Marks – Suggestive marks are what the term suggests – they are marks that suggest or hint at the qualities or characteristics of the product or service in an innovative manner.

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?

Concurrent Use The Trademark Act, 1999 provides for registration of identical or similar marks by concurrent users under Section 12 of the Act.

For example; “Escalator” was a name of a company however over the years it has become a generic term that describes a class of goods i.e. automatic stairs.

Every mind in this country whether young or old has at least one idea that they think they could convert into a successful product.

Section 2 of the Act defines an “Emblem” as any emblem, seal, flag, insignia, coat-of-arms or pictorial representation.

For example - If you have a trademark registered in Kolkata (India) then you initially have to apply at the Trademark Office available there.