Business , Financial & Legal Consultant In India

November 24, 2018

FSSAI Registration In India and the documents required to obtain it

If you are a food operator then it is safe to take Fssai registration as it is Food Safety and security Authority in India. By taking FSSAI Registration it is responsible for governing and maintaining the standards of food businesses in India. And there are documents which are required for its registration. Therefore in this blog we will discuss the documents and need which are required for FSSAI Registration.

Need for FSSAI Registration

Any business operator who is involved with processing, distribution or manufacturing of foods, they require or needs proper license to conduct the business. The operator either needs FSSAI License or FSSAI Registration. Further we are going to discuss the Documents which are required for FSSAI Registration.

Documents Required for FSSAI Registration

Form B- this is the Application form which is to be Filled by the Applicant.
Photo Identity of the Applicant.
Proof of possession of the premises where food business is being operated.
PArtneship Deed and Certificate of Incorporation depending on the type of business entity.
Memorandum of Association and Articles of Association.
List of food products that the FBO is dealing with.
A plan meant to represent the food management system.

After proper checking FSSAI will be granted.

Contact BIATConsultant for FSSAI registration in India

September 29, 2018

What is Deceptively similar Trademarks case in India; Brief Example

One of the biggest hurdle in getting the trademark registered is the similarity of the trademark with the existing similar marks. If you are having a similar mark with the existing mark then it creates confusion in the minds of customers. It is important to understand that Trademark is unique, i.e. it is not deceptively similar to the existing mark.

In order to get registered as Trademark in India, it has to fulfill the criteria of distinctiveness, Non- Similarity and it should not be prohibited by law. Deceptively similar mark is the most common ground on which objection comes from the side of Registry.

According to section 11(1) of Trademark Act, 1999, a trademark cannot be registered if it is deceptively similar, or identical, with the existing trademark and goods and services, that is likely to create confusion in the mind of public at large.

What is deceptively similar mark?

According to the section 2(h) of the trademark Act, 1999, it means that any mark which is similar or identical to the already existing mark, and which is likely to cause confusion among the mind of customers, is called deceptively similar mark which cannot be registered as trademark.

Famous Deceptively similar Trademark Case

In this case there were two marks i.e Starbucks and Sardarbuksh, so in this case sardarbaksh started its business in Delhi and also opened its 5 outlets across Delhi. Whereas Starbucks is a well known mark and also a registered mark all over the globe. And Starbucks filed a case against Sardarbuksh to stop its mark to use it further as it is deceptively similar mark with starbucks and also causing confusion in the mind of public at large. Therefore in this case court ordered Sardarbuksh to change its name to sardar-buksh as it was hampering the business of starbucks which is known and famous globally.

Want to get your trademark registered in India or want a suitable lawyer to handle your trademark cases , hire BIATConsultant – One of the best legal consultant in India .

September 19, 2018September 19, 2018

Step By Step Procedure to incorporate a company in India

If you are thinking to start a new Company but is confused regarding its procedure then in this blog we will be discussing the procedure for its incorporation. Read our detailed guidelines for company registration procedure in India

Steps for Incorporating the Company-

As we have already told you that there are several things which you are required to follow. So here is the list of things or step by step procedure to be followed while incorporating:

Step 1: Choose the name of the business- This step is perhaps the most important step which is need to be done. Firstly name of the company is t be chosen on which your business will rely, so ame of the company should be unique which gives lasting impression to your consumers. Before applying for the name, the Registrar should check its availability that whether that name is available or not otherwise it can get rejected by the Government after applying for ts name.

This step entails the location of your company- Every sort of Company needs to have its physical location associated with it. It is necessary to identify the location on which you need to do your business. And make sure to check the company incorporation cost, the taxation law and other corporate laws in the place you seek to start your company at.

Select the type of incorporation- It is necessary to decide the kind of company which you need to register. There is Private Limited Company, Limited Liability Partnership, Nidhi Company, Section 8 Company and others. So chose the type of business you do and then decide upon the type of entity that you want.

Name of the Directors of the Company- This step is one of the important step. When you are naming the Directors then make sure that they can manage the affairs of the Company. These Directors are going to be responsible or running the business of the Company.

Decide the tps of shares you need- The type of share depends on how you chose to incorporate your company. But make sure that the share you chose should be right one. You will also need to decide that to who you are assigning the share.

Getting Access to the Certificate of Incorporation- In order to fully incorporate your Company you need to take the certificate of incorporation. Once you get certificate, it will entail Company’s Name, purpose, location and information of the company like about its Director and its Shareholders.

The Last Step- The last step involves filing the Articles of Association and and submitting it to Registrar of Company wit the required fees. Thi can be done either offline or online. For Offline process you need to consult either Chartered Accountant or Companies Secretaries. For offline process, you need to take help of Attorney as well.

September 16, 2018September 16, 2018

Procedure to close an inactive Company In India

If you are running the business then you are definetly aware with the risks that are involved with the Company, and there are times when you need to close your Company because of several reasons like if any Fraudulent activity is happening within the premises. However if you are thinking of closing the company then there are 4 ways by which you can do so and they are as follows:

Compulsory winding Up of the Company
Voluntary Company
Selling the Company
Defunct Company Closing

Ways to wind up a Private Limited Company

Compulsory winding Up the Company- If there is some Fraudulent activity going on in a company, then Tribunal asks the company for its closure and for closure following are the procedures:

Firstly petition is to be filed by the Central or State Government or registrar of Companies, Company, Trade creditor.
Then this Petition is attached together with the statement of affair of the Company.
Then Form 11 is to be filled by the Company and the Company will have to surrender its assets, submitted all the audited books up to the date when company did their last transaction.
Provide the date, time and place for the liquidator of the Company.
If everything is in order then company will get dissolved in 60 days.

Voluntary Closing- Now if your company is not making any profit and you want to close it down then you there is list of compliances that you need to follow and they are as follows:-

All the Directors should agree for the closure of the company.
A special resolution is need to be passed where 3/4th of the Directors needs to be agree.
Trade creditors should also agree with the same and for that insolvency declaration has to be made by the Company.
Then finally a liquidator is appointed to see that all your assets, liabilities and capital reserves are reported properly.

Selling the Company- This is another way for closing of the Company i.e. if any company has transferred majority of its share to someone else, and by doing this stakes of the company is transferred to someone else.
Closing a Defunct Company- A Defunct Company gets the status of the Dormant Company. This Company can be closed down using a fast track process. This can be done by filing of the form STK-2.

Firstly form has to be filled and submitted to the Registrar of Companies. However the Defunct Company should be without any liability, they should not be having any business after incorporation of the company, and have not functioning one year prior to filing the Application of Fast Track Scheme.

September 16, 2018

BRAND NAME REGISTRATION PROCESS AND PROCEDURE WITH FEES IN INDIA

Making your Brand Name(Trademark) popular is well and good but if it is used by somebody else then it is of no use. Therefore it is necessary to register your brand name as soon as possible so that it can exclusively be used by you only and by no one else. Therefore it is important to know its registration process and fees in India. Therefore through this blog we are going to tell you about these facets of Brand Registration.

Brand Name(Trademark) Registration Process And Procedure In India

A Brand Name is a legal aspect of your product or service. Therefore throughout the registration process you will have to follow some legal procedures which can be quite lengthy. Therefore brand name registration process in India is as follows:-

Firstly you need to gather all the Documents which is required for Registration.
Then decide upon your Brand Name.
Then put that Brand Name in Public search module and then check whether that name is available.
Once you have check its name and classify its class then you are ready to file with the application online.
Online Registration of the Brand Name requires Digital Signature of the Attorney or f Agents.
Then file and submit the Application, and it will end up with the IP Department.
Then they will check your Application and Brand Name that whether it is truly available.
Once the Application is accepted by the department then it will get published inside the journal.
Then the name will remain in the journal for 3 months and if no opposition comes then it will automatically get registered.

Also Read : Procedure of registering trademark in India

The process that is mentioned here is quite lengthy. However there are several other obstacles that can be raised by the registry after filing of the Application and they are as follows:-

Brand Name Objection- Once Application for the registration of Brand Name is filed then Registry check from its side that whether there exist a similar brand name or not and they raise objection in their Examination Report, and when Examination Report comes reply is to be given to the Registry. And if Registry is not satisfied with the reply then they will issue notice for hearing.

Brand Name Opposition- This can happen once your Brand Name is being published. This generally comes when your Brand name is opposing other person’s Brand name. Dealing with this issue is long therefore it is recommended to take advice from professional before applying for your Brand Name Registration. And for this it is advised to take help of an Attorney or an Advocate.

If you want to get your Brand Name registered then you can get in touch with Biatconsultant.com and can provide you the best brand registration service at the most affordable price of Rs INR 6,499/-. Our Application will make sure that there is of need of reply. However if their are some objections then there are our Attorneys to handle these matters as well.

August 30, 2018

CopyRight Registration Process In India

Copyright Registration Process

Copyright is a protection given for Literary, Artistic, dramatic and Musical work and for producers for Cinematographic films and Sound Recording. In fact it is a bundle of right which is given for rights of reproduction, communication to the public, adaptation and translation of the work. Basically it is a right given to the creators, as India is a developing economy and through new creations only India is getting developed day by day. Therefore it safeguards the rights of the Authors over their creations and thereby creation is protected and Rewarded.

Also Read. : BIS Registration Process In India

Copyright Registration process

Firstly Application for Copyright Registration is to be filed by an Applicant, and there should be separate application for each registration if there are more than application and each application should be accompanied with the prescribed fees which is given or provided by the Registry. And that Application should be firstly signed by an applicant itself and by the Advocate whose Vakalatnama and Power of attorney is attached or has been executed. And that Vakalatnama shall be signed by the party and accepted by the Advocate, and hat acceptance should be enclosed.

Then Diary Number is being allotted by the Registry to the Applicant, and after getting your Diary Number you have to wait for he mandatory period of days so that no objection is raised in the copyright office against your claim that particular work is not created by you.

Then if there will be no Objection then there will be scrutinization by the examiner, then after scrutinization they will search for Discrapencies, if no dicrapancy found then copyright registration will be approved by the Registry, but there is any discrapancy found then discrepancy letter will be issued to the Applicant, and reply to that letter will be prepared by the Applicant, and then hearing by the registrar will be conducted then either approval or rejection for registration will be done.

And if there is an objection raised in the Copyright office hen letter for objection will be served to both the parties, and then reply has to be filed by both the parties, then hearing will be conducted by the Registrar and then application will either be Accepted or rejected , if Application is accepted then check for discrapancy will be conducted and discrapancy is found then letter will be issued to the Applicant and then Applicant will prepare the reply, and then mater will be gone for hearing and then registrar will either accept the application or will reject it. And finally if the application is approved then Application for copyright will be registered and if rejected then application will be rejected.

Also Read : Trademark registration process in India

Therefore through copyright literary, artistic, dramatic and musical work can be copyrighted, you can also file a copyright application for your website or other computer programme, for any computer software and computer programme can be registered as Literary work. And as er section 2(o) of Copyright Act, 1957 literary work includes Computer programme, tables and compilations, including computer databases. Therefore Copyright protection prevents undue proliferation, of private products of work, and ensures that the individual owner retains significant rights over their creations.

BIATConsultant is #1 online legal consultant in India serving clients since 2004. .

August 30, 2018

Process Of Company Registration In India

Steps to form a Private Limited company

A Private Limited company is a Company or a small entity which is held privately. And it limits the liability of the owners to their shares i.e. in case of loss occurred by the company in future then the owners will only liable to their shares. In Private Limited company minimum shareholders should be two and maximum 200 shareholders should be there, and they are restricted to trade their shares publically.

Advantages of Forming Private Limited Company

That forming a private limited company limit the risk to the personal asst of the owner. Therefore if a company is a small entity then it is always recommended to form a Private Limited Company as there is no ris to the personal asset as in case in a Limited Company.
Private Limited Company is a separate legal entity which means that Company is responsible for the management of its assets and liabilities, debtors and creditors.
A company has a Perpetual succession which means that even on the death of the Partner the company continues to exist unless it is legally dissolved.

Also Read : Process Of Trademark Registration In India

Steps for forming a Private Limited Company Registration

First step is to obtain Digital Signature Certificate which is required for filing the forms for company registration. The registration process is online and the forms requires the Digital Signature. You must obtain the digital signature which is certified either by Government or by the Authorized Agencies. The cost of obtaining agencies varies from agencies to agencies. DSC is obtained under class 2 or class 3, under class 2 identity of a person is verified against a pre-verified database, whereas under class 3, person should be present himself before the registering authority to prove their identity.
Next step is to apply for DIN (Director Identification Number) Number, for a Director. DIN Number is basically obtained to be a Director of the following Company .There are three ways for filing DIN and they are as follows:

File form DIN 3- this form requires basic details of the Proposed Directors along with the Documentation Like PAN Card, AAdhar Card etc.
With filing spice in this maximum three Directors can apply for DIN. if a company wants to incorporate with more than 3 Directors and 3 Directors does not have their DIN Number then in that case applicant has to incorporate their company with 3 Directors only and and have to incorporate new Directors later on after incorporation of a company.
If you want to register a company with Biatconsultant then there is no need to apply for separate DIn Number as it is included with the registration process only.

For name approval you have to incorporate your company Via Reserve Unique name (RUN). the Ministry of Corporate Affairs has introduced this RUN facility according to which name for approval is given to the MCA and if Ministry has rejected the name i.e. if the name of the company is not approved then second chance is given. So BiatConsultant helps you to find with the unique name so that there is less chance for approval of a name for incorporaion of a company.

If under spice form, name is not approved by the ministry then no second chance is given and you have to file fresh application and there is no fee.

August 28, 2018

Procedure for BIS Registration

The initial step is to get the item tried from any of the BIS Laboratories according to their affirmed scope (recorded at BIS site (www.bis.org.in)) . all basic part will be announced by the assembling unit and test report of every segment will be submitted to lab, if pertinent.

Besides the test report will be issued by the BIS Recognized Laboratory just ib the name of Manufacturer (Applicant) who is really fabricating the item. The test report which is gotten will specify the name of the assembling unit and its entire address i.e. its production line address from where it is made.

Before test report is presented the application for registration in BIS. it ought to be guaranteed that the test report which was created ought to be tried and assessed and finished legitimately.

At that point following stage is to download the shape 6 which is Application for give of registration and frame 7 which is self assessment cum revelation for registration from the BIS site.

Application in Form 6 and frame 7 it is to ensure that it is properly marked and totally filled by the Chief Executive Officer (CEO) of that assembling unit (Applicant) of creating great.

Following ought to be submitted for BIS Registration and they are as per the following:

-That frame 6 and shape 7 ought to be filled and properly marked b the CEO of the assembling unit (Applicant) or by the Authorized agent (not Indian Representative). Assembling unit will likewise present the Authorization letter in such manner and no section will be left unfilled in the application frame.

-Every one of the records will be submitted and those archives of name and address will be confirmed by the expert. What’s more, the name and finish address of the assembling unit will be accessible in the archive.

-If there should be an occurrence of outside producer frame 6 and shape 7 will be countered marked by an Indian Representative or by the approved agent of branch or liason which is available in India.

-Test report which was issued by the BIS Laboratories will be submitted and that test repost ought not be more seasoned than 90 long periods of issue date by Lab.

-Assertion for the concede of Registration of outside producer will be marked by the Indian Representative or by the Authorized delegate of branch/or liason office.

At that point letter for registration will be gotten.

In this way Rs. 1000 is to be paid for the Application frame at that point expenses shifts in Inspection, Grant of License and so on.

In this manner through this blog we attempt to clear the process for the methodology for BIS Registration process in India

August 28, 2018

Procedure For Registering Trademarks in India

Trademarks is any name, slogan, graphics, shading mix or even notice that is a special articulation identified with an item or administrations that recognize its merchandise and ventures from others. By Trademark registration the proprietor gets a selective right of use of that trademark and can additionally exchange it likewise in the event that he need to.

For trademark registration initially, Trademark search is to be done, through which one gets demonstrate that current brand innocence or comparable name does not exist and further no protest could be raised by the registry.

At that point Application for trademarks is to be connected by an individual itself or they can pick their Attorney or Agents to do as such, as through BIATCONSULTANT trademark Registration can be connected for. At that point inside three long periods of Application the Applicant can utilize ™ image as it requires long investment for the registration of the trademarks and subsequent to getting registered the proprietor or the Applicant can utilize R image for its trademark.

Trademarks Registration process Online In India

Top off the Trademark Registration frame:

Before you start with the technique, the trademark registration shape is to be filled by the Applicant which is likewise called as TM-A (Trademark application) specifying your important subtle elements. The frame approaches about the business for your business, in the event that the trademark is being registered in its name, and the logo, slogan, word you are registering.

Trademark Search

Before you go for a trademark registration it is essential to ensure that there is no current or comparable trademark, so you will do trademark search first, or through Biatconsultant, we ensure that we do exhaustive search and after that disclose to you that whether your check is accessible or not.

Choice of Class

Each brand name and logo is registered under a specific class. The Trademark Registry has ordered the products and ventures in various classes i.e. from class 1 to 45. Through biatconsultant we assist you with searching and propose for the fitting classes under which your trademark falls. For instance, autos falls in various class while Restaurant falls in various class.

Trademark Application documented

When you have documented your application then you will get a ™ Number from the recorder which causes the Applicant to track the application or trademark status on the web and besides the Applicant can utilize the ™ image with their image name.

Fastening the Vienna Codification

This is the critical advance in Trademark registration. The Vienna Classification or Vienna Codification is the worldwide arrangement of the component of stamp. When you have recorded an application for a trademark, the trademark enlistment center will affis the Vienna Classification on your trademark. At this stage it is perused as “Application sent for Vienna Classification”.

Trademark Examination

After your trademark is sent for vienna order, the trademark officer will look at your trademark based on techniques and rules. After that the Trademark Application can either be acknowledged or Registry can raise the complaint based on examination report.

Hearing before trademark enlistment center/Officer

On the off chance that the Registrar isn’t happy with your application or has rejected our trademark application then you can go for hearing before the Registrar. Subsequent to hearing your focuses in hearing if recorder gets fulfilled then they can go for settle arrange or it is possible that they can dismiss their application. Also, on the off chance that you are not happy with the choice of the Registrar then you can approach the Intellectual Property Appellate Board.

BIATConsultant is #1 business consultant for Trademark registration online in India . Contact us now .

August 28, 2018

Free International Trademark search in India

Free International Trademark search in India

Any individual or organization wants to offer their items in an International Market, they are required to enroll their trademark Internationally too. To get the trademark enlisted internationally it is critical to do trademark search internationally in India, and if no check matches or discovered then an Applicant can apply for trademark registration internationally. International Trademark registration is directed by Madrid Protocol and WIPO ( World Intellectual Property Organization) of Geneva.

International Trademark search is an office given by WIPO by which search is done in international database and candidate additionally gets beyond any doubt that in the wake of applying For trademark Internationally the odds for complaint is less.

Advantages of International Trademark search are as per the following:

By doing Trademark search internationally one gets beyond any doubt that there is no existing comparable stamps internationally. What’s more, along these lines,, the odds of protest lessens. By doing trademark search the Applicant determines that they can’t utilize their trademarks on International level, which spares them for doing any kind of infringement.

Furthermore, by doing Trademark search internationally one gets clear and can likewise observe the infringers i.e. who else is using their stamp and making business advantage out of it and in this way the Applicant can sue the infringer and can assert harms or can request injunction either.

Along these lines it is vital for each individual and friends to do trademark search before applying for Trademark whether in India or Abroad.

Procedure of Conducting International Trademark search In India

There are distinctive strategies for conducting International trademark search in India. The entire database of international trademark is there on WIPO Website, and its control board includes the organizations that agreed to accept the Madrid framework. Through Word Search, Logo search and Device Search Trademark search should be possible:

You can direct word search and search for phonetic comparability under class 1 to 35.

Logo grouping is helped out through Nice Classification database set up in light of Nice understanding.

Gadget check search is finished using the International Classification of Figurative component of stamp database.

One imperative thing to be noted before applying for International Trademark registration it is critical to get your trademark enrolled in no less than one Country and after that you can apply for trademark registration in other Country.