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?

Some of the top five things which are highly important to consider when planning to build a Private Limited Company in India are: The idea Your idea of your product or startup (as or not as a Private Limited Company in India) is an essential part that will give birth to your startup.

The Government of India or of any State, or any other insignia or coat-of-arms used by the Government or any Department.

For example – If you are a citizen of India (Member of Madrid System) and do business in the country, you can use the Madrid System to register your trademark internationally.

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.

He can process his application by e-filing Form DIR-3 to the Central Government along with fees of Rs.500 in MCA (Ministry of Corporate Affairs) website.

Non-conventional trademarks thus can be both: Tangible signs: Colors, shapes, moving images, holograms, positions Intangible signs: Sounds, scent, taste, texture Examples of Non- Conventional Trademarks India’s recognition of such marks is a streak of the maturing intellectual property regime in the country.Some example of Non- Conventional trademarks are: Yahoo!’

Any such appointment requires special permission from the Government of India. 7.

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