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.

Suggestive Marks – Suggestive marks are what the term suggests – they are marks that suggest or hint at the qualities or characteristics of the product or service in an innovative manner.

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?

Concurrent Use The Trademark Act, 1999 provides for registration of identical or similar marks by concurrent users under Section 12 of the Act.

For example; “Escalator” was a name of a company however over the years it has become a generic term that describes a class of goods i.e. automatic stairs.

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

Section 2 of the Act defines an “Emblem” as any emblem, seal, flag, insignia, coat-of-arms or pictorial representation.