Registration Archives - Page 9 of 12 - Business , Financial & Legal Consultant In India

May 3, 2019

Types of Trademark Application in India

Before the Advent of new TM rule, 2017, there were separate applications which had to be filled for each of the below mentioned Types of trademarks and there were separate forms for single class and multi-class applications, also depending upon whether priority was claimed or not. The type of the application would depend upon factors like the type of mark that is to be filled, single or multi class, priority or not, an application could be fro-

Normal Trademark- A normal Trademark Application to be filed for a word, Device or any other combination thereof.

Certification Mark- A certification mark is defined under Section 2(e) of the Act, “Certification Trademark” means a mark capable of distinguishing the goods or service in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of service not so certified and registrable as such under chapter IX in respect of those goods and services in the name, as proprietor of the certification trade mark, of that person. In short it is a mark certifies the characteristics like quality, origin etc of other goods or services. Example ISI mark.

Collective mark- As the name suggests, where a mark belongs to a collective group or association of persons it is called as collective mark. Example Confederation of Indian Industry (CII).

Series mark- Where the trademark applied applied for, is in the form of a series. In other words, the primary element of a mark might be used used/ intended to be used in several forms/ways by the proprietor and instead of filing separate applications for each, it is possible to file them as a series. For example, McDonalds has series mark incorporating the term “MC” +Like Mcchicken, Mc Cafe, MS Donuts etc.

Currently all the above applications could be filed under form TM -A.

Generally a Trademark application can be filed on the following basis-

Indian Application- this is the Application form directly filed in one of the IP offices in India and also Online Application can be filed.

International Applications- India Acceded to the Madrid Protocol and with effect from July 8, 2013 it is possible to designate India in an international application. Similarly it is also possible to file online an international application under the Madrid Protocol throgh the Indian Trademark Office.

April 6, 2019

How To Remove Disqualification Of Directors

Over last few years MCA or Ministry of Corporate Affairs has disqualified many of the Directors for not performing or meeting the compliance i.e. Rules or regulations mentioned under Companies Act, 2013. However, you can obtain you position back as the Director of the Company. MCA has also deactivated their Director Identification number, so to revive back their is one scheme which is introduced by the MCA i.e. “ Condonation of Delay Scheme”, that provides relief to the Directors by aiding them with the provisions to remove Director Disqualification.

Reasons for Director Disqualification

There are two reasons for Director Disqualification and they are as follows-

The Directors haven’t filed the annual return or Financial statements from last three consecutive years.
The Directors have not repaid the debts he has taken or has failed to do so from 1 year.

Once a Director is disqualified, then he won’t be able to become a Director of any company for at least 5 years, however, condonation of delay scheme can help.

What is Condonation of Delay Scheme

According to section 8 of the companies Act, Directors of the company must file annual returns or financial returns every year, and if they fail t do so from the last 3 continuous consecutive years, then they are declared as disqualified Directors. The condonation of delay scheme then became operational courtesy of the appeal of aggrieved Directors. Under this scheme the Directors are given Directors Identification Number (DIN) to file the deferred tax returns over the course of next few months, and after the scheme still they are not able to file the returns then they are declared as disqualified for the next 5 years.

How does scheme work?

When a Director is disqualified, they won’t be able to become Director of any company for the next 5 years. Therefore the company can appoint temporary Directors to execute the resolutions to file and submit the financial statements and annual returns. These Directions are given new DIN and DSC for the time being to file all the annual returns. Furthermore, thees new Directors who shall pass the resolution to pass the resolution to re-hire the disqualified ones and passing the request to the Registrar of companies.

Director disqualification removal process

Drafting a written application
Filing the Director disqualification matter with the High court.
The Advocates appear before the high court regarding Director disqualification.
Obtaining the final order from the High court.
Filing all the financial and annual compliances with the Registrar of companies.
Activation of DIN and removal of director disqualification.

What are the Documents required for Director disqualification?

There is one thing to remember that there is a way to remove Director disqualification

Without the condonation of delay scheme (CODS). However CODS to make the process quite streamlined.

With CODS, documents required are as follows-

Overdue Documents
E-Cods

Without CODS, documents required are as follows-

If company was active

An Application before the National Company Law Tribunal
The documents that are overdue
E-cods on MCA 21 portal.

If company was inactive

Petition to the High court

Overdue documents
E-cods on MCA 21 portal

BIATConsultant.com is #1 business , financial and legal consultant in India who can aids in in company formation in India as well as providing legal consultancy service for removal of disqualification if directors .

April 6, 2019

Importance of Design registration in India

The term Industrial designs, is known as the Design, the surface pattern, or the shape or pattern associated with the product or an article which is unique in nature. The main motive of the Design registration is to give protection to the product which are creatively designed and is also governed by the design Registration Act, 2000.

The Designs Acts 2000, has defined the term design under section 2(d), as only the features of shape, configuration, pattern, ornament or component of lines or colours applied to any articles whether in two dimensional or three dimensional or in both forms, by any Industrial process or means, whether manual mechanical or chemical. Separate or combined in the finished article for which can be judged by an eye, but does not include any mode of principal or construction or anything which is in substance ain a mere mechanical device.

Section 4 of the designs Act, 2000 provides that the Design of any article or product should be appealing to eye and should not be in public domain prior to its registration, otherwise it cannot be subject to registration. The Design of a any article or product should be new and should not b in prior use as it would destroy the design’s novelty. And Design should be in a tangible form.

The registration Designs in india confers on the Applicant the exclusive right against the unauthorized copying or limitation of his Designs by third parties. Registration of a Design provides for a distinctive identification among the consumers and helps the applicant in boosting their sales and and goodwill in the market. A Design Registration f=gives the applicant an exclusive right to take action among the infringer, and stop piracy of the design. Corree houses are increasingly becoming aware of the hidden value of Intellectual property. They have realized that registration of their product design will not only give them an edge over their competitors but that registration of a Design is relatively inexpensive and easy procedure.

Registration of a design offers to secure a filing date as the priority date, for any corresponding design applications, one may have in other countries within the following six months. This helps in establishing the Design Overseas. A Design registration increases the market awareness of a product and in turn enhances the reputation of the company in the market. This helps in improving in the competitiveness of the product as it dries third parties from imitating or copying a registered design.

Registration of design is becoming increasingly popular, as the indian courts are adjudicating in relation to Design protection and registration efficiently and in a time bound manner. It has been realized that clever application of design rights can extend a product’s value considerably in the market. With Design registration new avenues have opened up in a commercial market and investors are ready to invest in new innovation and technologies. The Design Act, 2000 have played a pivotal role in promoting technological innovation and Design registration has made the consumer aware of the various innovations in the market.

March 25, 2019

How To Register For Trademark in USA From India

Overview

A Trademark, which gives protection to the Brand name, logo, word, symbol or any combination thereof used with respect of business or in respect of certain products or services.

Trademark is given in the country in which it is filed, and to file in another country we have to comply with laws of the other countries.

Where United States of America is one of the economically leading country, and to apply trademark over there from India, or from their native countries, it has to be complied with the centralized governing authority called as the United States Patent and Trademark Office (USPTO)

Benefits of filing US Trademark Application

Registering Trademark in US has following benefits and they are as follows:-

Legal ownership throughout all States i the US.
A USPTO Trademark registration confers the highest degree of protection for a Brand name.
Exclusive usage right.
Right to refrain others from using your Trademark.
The trademark gets listed on the USPTO Trademark database ( Trademark electronic search system)
Right to use R symbol.
A USPTO trademark registration increases valuation of the Brand name as well as the business.
Rights o take legal action against infringers and counterfeits.

How to register Trademark in US

In order to take or Register Trademark in US, following steps are neede to be taken, and they are as follows-

US Trademark search

A thorough search of the similar trademark from the database is required to be done before filing of the4 Trademark Application in USPTO. This gives preliminary assurance that your Trademark is not confusing or similar to the already existing mark. And it also reduces the chances of objection or third party opposition.

Identification of Class

Based on the description or service of the product, accordingly class of that product is decided i.e. based on the description of the goods or services, exact class or classes from among 45 classes is being decided.

Comprehensive specification Drafting

The Trademark specification or description should be provided carefully, and the same should be the acceptable entries of the ID manual provided by the USPTO.

Trademark filing basis (Sec 1A, 1B, 44D, 44E)

This is the crucial step of Trademark filing process as the Applicant is required to select the filing basis for the Trademark application, from among intent to use, use in commerce, foreign application/claiming priority ( within 6 months from the date of filing date of the foreign trademark Application) and foreign registration.

Specimen of use

If the Trademark is being filed in which usage of the mark is being claimed, corroborating and acceptable specimen of use (documents establishing the use) must be provided.

Final Application

Once the Application is applied, then a serial number will be provided by the USPTO.

March 23, 2019

What Is BIS Registration ? What Is Procedure Of BIS Registration In India

Documents Required

Firstly you need to provide the details of the technical products for the Lab test. And it is basically about giving information regarding construction details of the business and they are as follows-

PCB layout
Schematic Diagram
User manual
Critical Component list ( CCL)

Secondly you need to provide information about the Factory documentation and information to complete the BIS Application form and Process. It is basically providing the basic information about the manufacturing unit, and for that following documents are required-

Legal address Proof of factory ( manufacturing license Copy)
Trademark registration Copy ( Brand Name or Logo registration)
Organizational Chart of Factory (Top Management + QA Team)
List of Machinery
List of Equipment (QA)
Documents of Authorized Indian Representative ( AIR), in case of Foreign Manufacturer.

Guideline for multiple model and series of product for BIS Registration

In single BIS registration Application, 10 similar models (Series Models) of one brand can be processed together provided they all fall in the series guideline. Only one set top box can have multiple brands of 10 series models in single BIS registration Application. For cell and battery, it can be upto 20 series models (1+19).

Process for BIS registration In India

Firstly the sample of the product is given to the BIS approves Indian laboratories which are recognised for testing under defined IS standard.
Secondly after getting the test report, apply to BIS office with prescribed format i.e. by filling form VI which is attached with lab test report, factory documents, information and undertaking. And after scrutiny of all submitted documents and information, BIS registration certificate will be issued.

What are the guidelines for BIS Registration

BIS registration certificate is granted to Manufacturing units and not to any individual. All importers and traders need to get BIS Registration for their respective manufacturing units before placing their order for scheduled electronic items.

Importer or Trader can become the Indian Representative for manufacturing unit as it is mandatory to have an Indian representative to get BIS registration.

Validity of BIS registration certificate

BIS registration certificate is valid for 2 years and after that it gets renewed. Few documents and fees is required to be submitted in order to get the renewal of BIS Registration certificate, testing of sample is not required in case of its renewal.

March 3, 2019

SME ( Small and Medium Enterprises) listing for start up

Fundraising is a very crucial task which is required to be done by the Directors of the company, and when it comes to a start-up it is very important to see the best efficient investment to be done in the idea which can give good effect to their business. Or it may search for a investor who is ready to invest in the best efficient way in the ideas of the startup to raise the efficiency of the start up.

Since only Public Limited Company can list its securities, therefore SME listing is a unique stage for start up incorporated as public company.

For further development of securities market, especially for Indian small and medium enterprises. Securities and Exchange Board of india (SEBI) recently permitted listing of SMEs without following any cumbersome procedures of an Initial Public Offering (IPO). therefore SEBI introduces new chapter to SEBI ( Issue of Capital and Disclosure Requirement) Regulation, 2009 Act, which is SEBI ( Listing of Specified securities on Institutional Trading Platform) Regulations, 2013. (ITP regulation).

Some of the key faces of ITP Regulations-

The paid up capital of the company has not exceeded 25 crores rupees in any of the previous financial year.
The company must have at least one full year audited financial statement, for immediately preceding financial year at the time of making listing application.
At Least 25% of post listing capital shall be held by the promoters which shall have lock in period of 3 years from the date of listing.
All specified securities of the SME shall be in dematerialised form.

Start ups comes with very innovative ideas to foster the development of startup SMEs listing platform is very important. This will not only increase the access to funds but also increases the visibility of startup.

ITP regulation provides incredible and efficient market place which narrows down the gap between investors and emerging corporate in India.

Therefore to make start up a good platform or efficient, it is very important for startup to involve good investors, venture capitalist etc. in their business for the listing of SMEs.

March 3, 2019March 3, 2019

Procedure For Restoration of the expired Trademark In India

Trademark helps to establish a brand name or image in the mind of the people. Trademark is very crucial process after checking similar existing trademark then only, registry finalises or issued the Trademark. Trademark is given for a period of 10 years after which it has to be renewed by an Applicant or through his/her Attorney the same can be renewed.

Following steps shall be taken to renew the trademark when it gets expired-

Initially, the owner has to fill TM-R form in order to get Trademark renewed within 6 months from the expiry of the trademark.
Then once an application is accepted then it has to be advertised in order to inform the concerned person about its restoration and invite objection from the people.
In case there are no objection received within the specific time, then the Trademark is registered and enclosed within Trademark information.

Procedure for Trademark renewal of Associate in nursing Trademark in India-

In case the owner himself does not make an application for the renewal of the Trademark within 3 months from the expiration of the Trademark. Otherwise Trademark registry can themselves intimate their agents or applicants about their expiration.
In case no requisite fees is given to the registry then the Trademark of the Applicant expires.
An application for the restoration is filed within 1 year from the expiration of the Trademark.
Then the mark is advertised in Trademark journal, and registry invirtes objection.
If no objection is received then trademark ios the applicant is restored and if objection is received then hearing is conducted for bth of the parties.
If someone else apply for registration of the terminated Trademark then the bsiness man needs to file associate in nursing objection against third party who has applied for registration of terminated trademark.

March 3, 2019

Sound Trademark in India

Any musical notes or sans or words can be trademarked in India. Earlier only sound Trademark was done in the West i.e. mostly in United States of America, then before few years only the same has been adopted in india and from now in India also sound of a particular product or any sound which is unique is eligible for its Trademark in India. Although the cases of registered sound Trademark are very rare.

There are certain clauses which describes that how sound Trademark can be registered.

First and foremost an Applicant must mention in its application that the application is for the protection of sound mark and not for anything else otherwise like other applications it will be considered as same word and device mark unless mentioned in the Application form.

Registration of a sound mark depends on whether the said sound mark is unique or not, and on the basis of its uniqueness only the registry will decide on its registration. Registry will see everything like by registering ones sound mark it must not hamper any other person’s mark or right.

Now in this blog we have discussed that what sound Trademarks can be registered by the Registry, now we will understand and look the sound marks which cannot be registered by the Registry and they are as follows-

All those simple pieces of music comprising just one or two notes.
Common songs used as chimes
All forms of popular music already in use in entertainment industry and other services
Nursery rhymes for children cannot be marked for product and services aimed at children.
Music which is closely associated with a particular region or country for a unique set of goods or services native to that area.

March 3, 2019March 3, 2019

What is the commencement of certificate of business?

There used to be a certificate for the commencement of the business. It was put into the full force until the Companies (Amendment) Ordinance, 2018. Under this ordinance until and unless a company has not filed a declaration within 180 days from the Company Registration that company cannot commence their business. This declaration states all the shareholders of the company and have paid the values of shares as what stated in the MOA of the company. So here in this blog we will discuss the format of this declaration, and documents required for this declaration and fees and penalties for complying with the orders.

Format

I am authorised by the Board of directors of the company through resolution Number______ dated_____ to sign this form and thereby declare that all the requirements of the Companies Act, 2013 and the Company Ordinance Amendment, (2018) and the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complied with. I further declare that:

Whatever is stated in this form and in the attchments thereto is true, correct and complete and no information material to the subject matter of this form has been supressed or concealed and is as per the original records maintained by the company.
All the requierment attachment have been completely and legibly attached to this form.
Every subscriber to the MOA has paid the values of share agreed to be taken by him.
The company has filed with the Registrar a verification of its registered office as provided in sub section (2) of section 12.

Documents that have to be attached-

COI of the Company
PAN of the company
List of directors and shareholders of the company
Bnak statements of the Directors and shareholders of the company
ID proofs of the same
Receipt proof (if any)

Fee structure of the share certificate

Share capital involved

Fee to be paid

Less than 1 lakh	Rupees 200
1,00,000- 4,99,999	Rupees 300
5,00,000- 24,99,999	Rupees 400
25,00,000- 99,99,999	Rupees 500
1,00,00,000 or more	Rupees 600

What if you don’t comply with the Declaration

Penalty on the company- if the company do not file the declaration then there is a penalty of Rs. 15000/- on the company.

Penalty on directors- the defaulted Directors have to pay the penalty of INR 1000/- per day after the 180 days limit has been passed.

Company removal- if the registrar has the reasonable cause after the 180 days of incorporation then he can also strike off the company from the companies register.

Not filing a declaration according to the new amendment in the year 2018 is a hassle. Therefore to get relief from the hassle you can get in touch with BIATConsultant for further assistance and we can ensure that your company is registered hassle free and also ensures for its commencement declaration.

March 3, 2019March 3, 2019

How to rectify your already registered Trademark

Trademark rectification is a legal procedure that is applied to correct the error which has been made in the Trademark Application. Or this Application is filed to correct the error or to do changes in the already applied Trademark application. There are two prominent reasons for doing so and they are as follows:-

The Mark which might be wrongly registered.
Or if the Mark is still in the Trademark registry after it has been expired.

Trademark Rectification: Eligibility Criteria

Anyone whose Trademark is registered into registry in a wrong way.
Anyone whose Trademark application had the correct mark, but the data registered in the register was wrong.
Anyone whose Trademark registration period of 10 years is over and the mark ar still present.
Anyone who wants to cancel the Trademark registration.

For applying for Trademark rectification one must have Trademark registration of the same first after then only that person can apply for Trademark Rectification.

What are the grounds for trademark Rectification or Trademark Cancellation?

The Trademark registration was done without proper means. Or the Registration has been obtained through untrue representation of facts, or the Trademark has already been registered.
The Trademark is still inside the registry even after there is some case against it or that Trademark can create some confusion.
If there are changes, amendments or modifications needed to be made to a registered Trademark according to the most recent advancement.
If the Trademark is not being used by a person from over 5 years.
If the Trademark hasn’t been renewed after its prescribed time of 10 years.
If the trademark registration has been obtained through unscrupulous or by fraud.
If more classes is to be needed in the same Trademark.

Where is Trademark Rectification Application is filed?

In order to file the Trademark rectification application, it can be filed either physical by going to trademark registry or by it can also be filed online by filling a form. However more physical approach is recommended.

Trademark Rectification Procedure

Filing the application for Trademark rectification in a prescribed format, through prescribed fee and through prescribed individuals.
The application should include the case statement.
Once you have finished the application, you can submit it to either Registrar or IPAB.
After the registrar receives the application they are going to make contact with the registered proprietor of the mark to give counter statement.
As the counter statement arrives to the evidence stage, the parties are required to file their evidences in an affidavit form.
After this, a hearing happens and the order for subsequent removal or rectification for Trademark is passed.