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.

Company cannot sue or be sued on the basis of 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.

On background research conducted on the use of all four trade marks in question i.e.

The principle rules have observed various amendments and the most recent one was made on 29th June 2016 and consequently the rule is termed as Companies (Acceptance of Deposits) Amendment Rules, 2016.

In addition, recovery actions through the Sick Industrial Companies (Special Provisions) Act, 1985 and the winding up provisions of the Companies Act, 1956 has not been in favour of lenders.

  As in the case, the deeds of one partner made the other liable or the liabilities of the firm were attached to the individual assets of the partners or proprietor.

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.

Establishing “Use of Mark” for an Intent-to-Use Application The primary thing to remember is bona fide use of the mark after demonstrating bona fide intention in an intent-to-use application; where there has been no use of the mark in respect of the relevant class(s) of goods/services for a continuous period of 5 years, up to 3months before the filing of the application by the aggrieved person, this would amount to non-use and thus, liable for rectification/cancellation.

In the light of the same, a cereal manufacturer may go ahead and describe its product as consisting of “all bran” without impinging on Kellogg's’ rights in the mark “All Bran”.

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.

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.

Change in activities with no change in Name: The amendment provides the company to continue its operation with new activities under the old name even if the activities are not in consonance with the name of the company No NOC for Name of Persons: Earlier, in the principal law, a NOC was required if the name of the person other than its promoters or blood relatives is used as the company name.

No offer of buy-back shall be made within a period of one year from the date of the closure of the preceding offer of buy-back if any.

Eligibility criteria under fast track exit scheme A company which is not in business or operation for two years and has not filed for any application within such period for obtaining the status of a dormant company under section 455 A Consent of 75% of the members in terms of paid-up share capital A company which has failed to start its business within one year of its incorporation Extinguishment of all assets and liabilities The company is not operating its bank account.

Sole Proprietorships: It is a type of business entity which is owned by one natural person.

However, it is important to note that a person acting in his professional capacity on behalf of the promoter, for example, a lawyer drafting the agreements and other documents and is paid by the promoter, cannot be termed as a promoter.

Stamp duty for LLP Agreement should not be paid on MCA Portal.

  Section 2(2)(c)  Provides that the mark must be present on goods by some means or the other.

Arbitrary Marks – An arbitrary mark is one that has a common meaning but is used to represent goods or services unconnected to that meaning.

A mark shall be deemed to be in use in commerce— (1) On goods when- it is allocated in any manner on the goods or their containers or the displays affiliated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and the goods are sold or transported in commerce, and (2) On services when - it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in India and a foreign country and the person rendering the services is indulged in commerce in connection with the services.

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?

Firstly, such registration should not defeat the purpose of the concept of trademarks, i.e. consumers should be able to differentiate between goods and services originating from different business or companies.

In cases of infringement, the owner of a fanciful mark would have a much higher chance of winning the suit because of the exclusive right vested in him to use the distinct mark in connection with his/her goods/services consequently giving him/her the right to prevent others from blatantly using the mark in order to ride on its goodwill and popularity.

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

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.

However, you can apply only when you are a citizen of one of the member countries or have an industrial or commercial establishment in any of the countries.

One Resident Director It is mandatory as per Section 149(3) of the Companies Act of 2013 that at least one Director of the company must have stayed in India for a total period of at least 182 days in the previous calendar and such director need not be a citizen of India.

A foreign national can be nominated and appointed to the positions of Women Director, Independent Director, Small Director, Additional Director, Alternative and Nominee Director in Indian Companies by complying with the Companies Act, 2013.

A conventional trademark customarily dwell and consist of letters, words, logos, pictures, symbols, numerals or a combination of one or more of these elements.

What is a One Person Company?

DIN Services: Director Identification Number is essential for a Promoter to incorporate a company 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.

No, the public limited company is not eligible to start up How many Persons are required to incorporate a public limited company?

No shareholder can make any claim upon the property of the company so long as the company is a going concern. 5.

  Step 1: Obtaining Digital Signature Certificate (DSC) and Director Identification Number (DIN) As the application for incorporation and registration of a Company is made through the MCA portal, a Digital Signature of the authorized or designated person is required to submit the documents electronically.

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.

The term “goes public” is generally used to address the IPO of an existing company which decides to list its shares on a Stock Exchange.

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.

Any usage of special characters, upper case and lower case of letters, spacing etc will not distinguish a company from that of a similarly named one.

Utility proof To prove that the registered address of the company is functional, it is required to produce a utility bill of the registered address of the company.

It is worth to note here that a Partnership Firm and a Sole Proprietorship do not qualify as a Company, as it doesn’t involve registration.

  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.

Advantages 1.Limited Liability: As per the Act, the partners have the flexibility of limited liability, any errors or negligence of one partner will not be the obligation of the other partner.

True Owner: A company is a juristic person and its true owner.

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.

Any person having an idea, concept, invention, creation or any other form of IP and who is seeking to obtain recognition and protection with regard to the same, may avail of the extensive information provided on such websites, which are managed, monitored and updated regularly in relation to amendments which are proposed and adopted frequently to keep up to date with the requirements of the fast progressing of law and society.

Step 1A: DIN and DSC Registration Along with the registration of Name of the company, the key shareholder of the company should obtain his Directors Identity Number or DIN.

Can an Indian citizen who is living abroad allowed forming One Person Company?

Perpetual Succession:  As per the provisions of the Act, in the event of inability or death of the owner of the single person company, the nominee shall take over the reins of the one person company 3.