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.

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.

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.