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.

They act as nominees or as the first directors of the 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.