Things to consider before Filing an International Trademark Application International trademark applications are filed keeping commercial interests in mind, and hence, before you decide to file for the same, it is important you consider certain factors before taking the plunge: If your company has a substantial revenue stream, a solid consumer baseand a key target market meeting growing needs of consumers in the countries you wish to register your trademark in Viability of conducting business operations overseas – whether you have potential distributors, manufacturers or partnerships to be entered into to leverage your business internationally Where counterfeiting and piracy are rampant, you may choose to go for “defensive filings” to prevent your trademark from getting further diluted Taking these factors into consideration at the outset will help you avert possible roadblocks in the process ahead, The Madrid Protocol – India’s key to Obtaining International Trademarks The international registration of trademarks is governed by the Madrid Agreement (1891) and the Madrid Protocol (1989)and administered by the International Bureau of the World Intellectual Property Organization (WIPO) located in Geneva, Switzerland.

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.

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

After the incorporation of the company such contracts are not attached to the company, as the company obtains legal entity status only after its incorporation.

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.

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.

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.

In other words, if the circumstances demand, the court can overlook the separate legal entity nature of a company and enact the members personally liable for the activities of the company.

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.

In order to become a Trademark Attorney/ Trademark Agent, the person needs to (Qualifications to become a Trademark Attorney): Pass a qualifying examination which is conducted by the Trademarks Registry or Be an Advocate within the meaning of the Advocates Act, 1961 or Be a member of the Institute of Company Secretaries of India.