admin, Author at Business , Financial & Legal Consultant In India

August 4, 2018

5 Tips- How To Pick Or Find The Perfect Brand Name Of Your Product?

“The first impressions is everything”

When you have access to a product that you trade with, you would want for it to be remembered. How it is remembered on the basis of how you name it and naming the product is the whole essence of branding. With a right name, any product that comes into the market can grab the attention of the onlookers.

This was probably the same thought that the creators of coca-cola had! Now look at it, one of the leading products of our generation with nearly 200 years of existence.

Do you want to make sure that your service or your brand name is on the lips of everyone out there?

Well, it is not even a question, is it? Of course you! Well, to that end, let us tell you some tips that will assist you with naming the product in a best way possible.

Naming the brand in the best way possible:

The following tips that we are going to tell you about are applicable for every product that you can use to grab the attention of the consumers or the service seekers.

Choose a name that you can speak right: for something to be able to sound right, you should be able to speak it right as well. While you are naming your trade, speak it out and clear. If your mouth does not move a lot, then it is interesting, if it moves too much, then it is overly complicated. Therefore, choose the name that is impactful and yet, and a bit subtle as well.

Your brand name should be able to sound right: now, in order for the name of the brand to sound right, it should not be confusing in any shape or form. Choosing a right sounding name can be tricky because of the simple reason that you need the output of others in this. Go outside and ask complete strangers about the name. you will be surprised to hear how man strangers give you the right response. Take them to heed and rename of your brand if you have to, but makes sure that it sounds right.

Get all of your legal aspect: now, if you want to brand your product in a way that it grows without hindrance like the name getting stolen by other individuals. To that end, you need to make sure that your mark is unique. To get this information, you need to do a trademark search. This search will tell you of the name you have chosen is right and is available for your trade.

Give your name a test run online: one of the ways to know as to whether your ideas will be successful will be with blogs and other online methods. Therefore, once you have thought on a name, you need to start a blog with the name as a domain name or you can start a Facebook group with that name. the amount of people who are going to like the group when you first start the page, is also a form of confirmation from a public that you can look into.

Choose a name that is somehow descriptive and also is not descriptive: this might be the most confusing name that you have ever read. To that end, let us clear this up for you. When you want to choose the brand name the first thought that goes through your head is to name it in such a way, that somehow, the quality and type of your product are emphasized in it. However, this cannot happen. To that end, you can make use of such entities to name your brand that does not claim the quality of your product outright, but does it in a subtle manner. To exemplify, when you hear “Jaquar” you automatically think fast car, sports car etc. similarly when you hear “ Ambuja”, the strength of your word accentuates on reinforcement and therefore, it is the trademark name for a particular brand of cement.

If you go by the last tip, you might think that the entire matter is tricky. To be honest, it is. However, if you follow along these tips you can be assured that the brand name that you decide upon is not only growth worthy but also durable.

Also after choosing the brand name , you must also get it Trademarked so that no one else can copy the same .

BIATConsultant is leading consultant in India providing assistance in trademark registration online , company registration online and more .

August 4, 2018

Legal Advice For Startup Company In India

With the ease in company Registration process more and more aspiring entrepreneurs are motivated to bring their dream of forming a startup into reality. When a startup is being incorporated, it goes through various phases. There are separate legal requirement for every phase like at an initial stage every startup is required to procure the business license, obtain registration, maintain books of accounts, taking care of taxation, drafting vendor contracts etc. the various legal advice that every startup must take include the following:-

Choosing the best legal structure: This is one of the most crucial decisions that must be taken by every startup. While taking this decision multiple factors must be considered such as nature/sector of business operation, business trajectory, regulatory and tax considerations, cost of formation, ongoing administration and many more. However the most preferred entity structures for startups in India are Limited liability partnership and Private Limited Company.
Obtaining Registrations and licenses: Any business entity is mandatorily required to obtain certain registrations as per the applicable law. Some examples are Permanent account Number (PAN), Tax Deduction and Collection account Number (TAN), Goods and service tax (GST)number. Further according to the nature of business entities they are required to obtain he business licenses issued by a Government authorities that allow startup to start/conduct/continue to operate a particular business within its territorial jurisdictions lawfully.
Protecting Intellectual Property rights: In the era of Modernization, one of the most crucial assets for any business entity is its Intellectual Property rights. These assets help the startups to establish a distinct brand image and gain the competitive advantage over others. One significant thing to be noted here is that registration of a company or a business in India does not by itself gives protection against others who might commence using identical or similar marks. A Trademark search should be conducted before deciding on these business names, trade names to prevent any issues in future including potential infringement.
Agreements: In case there is more than one founder of the startup then there is a need to formulate the agreement between them in order to establish the relationship between the founders of a startup. In an agreement the role, responsibilities and rights of each partners shall be specified.
Compliance Management: Just incorporating a startup is not enough. The company once registered are required to fulfill certain annual compliance requirements and other requirements to avoid Government interference and hefty penalties. To manage the compliances of the company it may take some professional guidance.
Third party agreement: Utmost care must be taken by the company while entering into any third party agreements and setting out its terms and conditions. The clauses related to breach, termination and dispute resolution should be well negotiated and captured in all third party agreements.
Contacts with employees: Before employing any person the startup must ensure to enter into clear employment contracts detailing terms and conditions of employment. The contract must specify the details regarding the job profile, compensation, and other associated benefits, a number of clauses must be inserted to safeguard and protect the interest of the startup- such as stopping employees from setting up competing entities, prohibiting employees from exercising any legal right on Intellectual Property Rights on the work done/developed during the course of employment.

This is how Company in India, a Company should get started and in case of any legal or professional advice regarding company registration or related to Intellectual Property rights you can contact us at BIATCONSULTANT.

August 4, 2018

5 Things To Keep In Mind Before Paying Advance Tax

As the filing of return countdown has started so we thought to untwist the term Advance Tax for Taxpayers. There are so many questions hovering in your mind that whether Advance Tax applicable on you when you have to pay advance tax, what is the proportion of advance tax and much more. Lets untwist these questions piece by piece.

Advance tax is simply as the name implies, pay your taxes in advance as you start earning instead of the lump sum payment in the end of the financial year.

You must be trying to find out the logic behind the advance tax, let me just clear, if you think from government point of view then you will be able to figure out that the Government cannot wait until the end of the financial year to collect your tax, because Government also needs to run the economy every day, so it is difficult to wait for one cycle of financial year to collect your tax.

Advance tax is paid on the estimated income in a particular financial year like your salary. You can fairly estimate that how much salary you are going to get by the end of the year. But as you are aware that you get your salary after collecting deducting tax which is called TDS (Tax Deducted At Source), so in this case advance tax is taken care of by the TDS. Therefore, most of the time salaried people don’t need to worry about advance tax. Thus, we can say if you have any income other than salary then you must keep in mind the liability to pay the advance tax.

Threshold limit for Advance tax:

Advance tax liability arises only when your tax liability exceeds Rs 10,000, mark the word tax liability, not the total income. Which means that first you have to compute tax on your total income, and if the tax exceeds Rs. 10,000 then only you are required to pay advance tax.

Due dates to pay advance tax:

Advance tax is paid in installments by the due datesas prescribed under income tax laws. Below are the complete details payment of advance tax :

Payment of advance tax:

To calculate your advance tax you can visit on http://www.incometaxindia.gov.in/pages/tools/advance-tax-calculator.aspx

Consequences of not paying advance tax by due dates:

If you have paid extra tax than you are required to pay, then you can claim a refund of that extra amount.

So lets wrap up this Article by giving you tips that you should start computing your income to know whether you are liable to pay advance tax or not so that you don’t fall into the non-compliance pool.

Do I need to pay Advance Tax:

An individual company is prone to pay advance tax if he has financial gain from interest, commission, rent, business or profession,. Etc.on that no tax has been subtracted at source like TDS. Advance liabilities arises wherever the balance liabilities is Rs. 10,000/- or a lot of it. If you are salaried person with solely regular payment as the sole source of financial gain, advance tax wouldn’t be applicable as tax subtracted at supply ould be taken care of by the person who has hired you. If you have got different sources of financial gain, such as, financial gains from capital gains, shares and mutual funds, financial gain from house property, etc. Advance tax is obligatory.

How to calculate Advance Tax:

Estimate your freelancing income: add the expected financial gains from your client. If you have got in progress agreements that lay out payment terms, use those for estimating your income.
Subtract expenses: from this financial gain you are allowed to scale back expenses that are directly associated with the freelancing work. Rent of your work, internet, telephone prices, depreciation of computers, travel expenses etc.
Add up all different income: add expected financial gain from alternative heads like house property, interest financial gain, etc.
If the remaining tax exceeds Rs. 10,000/-, you are required to pay advance tax.

Paying Advance tax is important as failure to pay it would lead you to be penalized. It is important that you should hire a trusted tax consultant to help drive out the myths and build a strategy to best protect the company.

BIATConsultant is leading Chartered Accountancy consultancy firms delivering expert advice since 2004 .

July 30, 2018July 30, 2018

Difference Between Brand Name And Company Name

People often get confused about between the brand name and company name. they fail to understand the difference between the two and believe that company name and brand name is one of the same thing.
However, in the law, there exists a clear definite distinction between the two. It is important for the business owner or any other person to know this distinction to get it registered. We will take a deeper insight into a meaning and difference between the brand name and a company name with this blog.

Trademark or Brand name:

Brand name is the name that is given to the products and services of the company. This name can be used by the company for advertising and sales purposes. There is a clear distinction between the business name and a trading name. unlike the company name, the brand name does not mandatorily have to end with the Private Limited Company, LLC, Corp, or other legal ending.

On Brand name Trademark is to be given on trading name, i.e. by which company is doing its trading.

Company Name:

The name given to the Organization registered under the Companies Act is known as company name or trade name. simply stated that it is a an official name under which the sole individual or the group of individuals decides to carry on some business activity. The Suffix in the name of the
company depends upon the type of business structure under which it is currently operating. For instance, the complete name of Private Limited Company will be ABC Private Limited Company. A company name could be a private Limited Company or a Limited Company, or LLP company could be there.

Key Differences Between a Brand Name and a Company Name:

1. Multiple brand names could be registered under the name of one company name. For Instance, The Hindustan Liver Limited Company possesses the famous brand name like Lux, Wheel, Ponds, Vaseline and Surf Excel.
2. The company is an Artificial person on whose name the various statutory requirements are fulfilled. Like the income tax returns are filed, Annual filing is made and various other legal proceedings are carried out. Whereas Trademark is just a name given to the products and services that are used as an intangible asset for the company.

3. The name of the company can be registered by filing the RUN form with the ministry of Corporate Affairs. Whereas for obtaining the Trademark registration, the application, Trademark Application has to be filed for the Trademark Department, and trademark can Application shall be applied through IP India Government website, through which certain
government fees have to be given to the Government in order to apply for the Trademark registration.
4. The Applicant is required to conduct the company name search before applying for its registration. Also the search should be conducted in the trademark database. Whereas there is no such requirement for trademark registration. Before applying for trademark registration. Before Applying for Trademark registration, an applicant must conduct the free public trademark search. Unlike company name thete is no requirement to search for
company name database.

So in case you are looking for trademark registration online in India , feel free to contact BIATConsultant.com or quick fill in the form below

[contact-form][contact-field label=”Name” type=”name” required=”true” /][contact-field label=”Email” type=”email” required=”true” /][contact-field label=”Website” type=”url” /][contact-field label=”Message” type=”textarea” /][/contact-form]

July 27, 2018

What Does Copyright Protect?

Copyright is a form of Intellectual property Rights which gives protection to original work of authorship including literary, dramatic, musical, and Artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operations, although it may protect the way these things are expressed. You can refer circular 1, copyright basics, section “what works are protected”.

Can I Copyright My Website?
The original authorship appearing on the authorship can be protected under Copyright. This includes writing, artwork, photographs, and other forms of authorship protected by the copyright. Procedures for registering the contents of a website may be found in circular 66, copyright registration of website and website content.

Can I Copyright My Domain Name?
Copyright law does not protect domain names. The internet corporations for Assigned names and numbers (ICANN), a non-profit Organization that has assumed the responsibility for domain name system management, administers the assigning of domain names through accredited registers.

How Do I Protect My Recipe?
A mere listing of ingredients cannot be protected under copyright law. however, where a recipe or formula is accompanied by substantial literary expression in the form of an explanations and directions, or when there is a collection of recipes as in a cookbook, there may be a basis of copyright protection. Note If you have some secret ingredient in your
recipe then you should not give that recipe for registration as applications and deposit copies are public records.

Can I Copyright The Name Of A Brand?
Brand names are not subject to copyright, although brand names gets protection under Trademark Law.

How Do I Copyright My Idea?
Idea, concept, systems, or methods of doing something cannot be protected under copyright law. You may express your ideas or your concept in writing then you might get protection under copyright law.

Does My Work Have To Be Published To Be Protected?
Publication is not necessary for copyright protection.

How Can I Protect My Sighting Of Elvis?
Copyright law does not protect sightings. However, copyright law will protect your photo, of your sighting of Elvis. File your claim to copyright online by means of Electronic Copyright Office. Pay the fees online and attach a copy of your photo. No one can lawfully use of your photo of your sighting, although someone else can file his own photo of his sighting.
Copyright law protects the original photograph, not the subject of the photograph.

Does Copyright Protects Architecture?
Yes Architecture work is subject to protection under copyright law since December 1, 1990. The copyright law defines Architectural work as “ the design of a building embodied in any tangible medium of expression, including a building, architectural plans, or drawings”.
Copyright protection extends to any architectural work created on or after December 1, 1990.
Also any Architectural work that were unconstructed and embodied in unpublished plans or drawings on that date and were constructed by December 31, 2002, are eligible for protection.

Can I Get Star Named After Me And Claim Copyright To It?
No, there is a lot of misunderstanding about it. Names are not protected by copyright. Publishers of works such as a star registry may register a claim to copyright In the text of the volume or book, containing the names, the registry has assigned to stars, and perhaps the compilation of data, but such a registration would not extend protection to a any other individual star names appearing therein. Copyright registration of such a volume of star
names does not confer any official or governmental status of any of the star names included in the volume. For further information on copyright protection and names, see circular 33, works not protected by copyright.

BIATConsultant is legal consultant who can provide you expert advice together with aids in copywriting you of any things as required by our expert team of legal experts .

July 25, 2018

How to file GST return in India?

After the introduction of GST in India from 1 st July, 2017, every registered taxpayer is required to file GST return in order to avoid levy on hefty penalty and fines. In this blog we will explain every aspect of GST returns including the meaning of GST returns, their type and procedure to file GST returns.

‘One Nation One Tax’ is the basic motive behind the introduction of GST regime in India. With the introduction of GST in India, the Government of India has made an attempt to streamline the taxation system of the country. Under the GST regime, the detailed information regarding the transactions is required to be submitted by the registered taxpayers. Moreover, under the new regime more stringent compliances are prescribed to avoid tax evasion. To ensure that the taxpayers are compliant with the regulations made the provision of hefty penalty and fines are also made by the Government.

To promote the ease of doing business in India the Ministry of Finance has developed a widespread IT system facilitating the recording of invoices and data of taxpayers at one place.

Further, under the GST regime, the taxpayers can easily obtain GST Registration, file returns and upload invoices on the online portal of Goods And Service tax.

What is GST return?

GST return is a document containing the details of sales and purchase undertaken by taxable person. Every specified person is required to file GST return with the department before the specified due date. the concept of GST returns has been crafted to make sure that all the transactions match with each other and there is no transaction left unnoticed.

There are multiple types of GST returns depending upon the category of taxpayer that is required to be filed by the registered taxpayer. Let us take a brief look at them.

For the normal taxpayers:

GSTR-1:- this return shall be submitted to provide the details of outward supplies of taxable goods or services affected during the previous month. The return should be filed by 10 th of succeeding month.

GSTR-2A:- it will be auto generated, and made available on 11 th of the succeeding month for the recipients to see and validate the information therein. The recipients are empowered o make any modification or amendment based on their books of accounts from 11 th to 15 th of succeeding month.

GSTR-2:- this return is the culmination of all inward supply of goods and services as approved by the recipients of the services. This form is required to be filed by 15 th of the next month. The details of GSTR-2A will be auto-populated into it.

GSTR-1A:- after filing GSTR-2 on the 15 th of the subsequent month, the details in the GSTR-1A will be auto generated. It will contain the details of all the modifications made. The supplier shall have the choice to accept or reject the changes made by the recipient. If the supplier accept the changes then GSTR-1 will stand revised.

GSTR-3:- Through this return the details of all outward as well as inward supply of goods and services as filed in GSTR-1 and GSTR-2 are furnished. The tax liability and input tax credit availability will be determined by GSTN after considering the details of both the months.

GSTR-3A:- through this return, a notice will be given to the person who fails to furnish the return within due dates. It will be generated after the 15 days from the default.

GSTR-9:- every registered taxpayer is required to file GSTR-9 by 31 st December of the succeeding month. It is a sum up of all 12 monthly GSTR-3 filed by the taxpayer and will contain the details of tax paid during the year along with the details of import and export.

GST ITC-1:– after the details filed under GSTR-3 are fully accepted, then final input tax credit shall be communicated through form GST ITC-1. The details of ITC-1 should be confirmed in due time to avail the credit for that month. If the same is not done in due time, then it will disallow the credit of the month and will be computed as a tax liability for the month instead.

GST returns to be filed by composite taxpayers:

GSTR-4A:- every taxpayer who is registered under he composition scheme is liable to file a quarterly return in GSTR-4A. it will contain the details of inward supplies as reported by suppliers in GSTR-1.

GSTR-4:- through auto generated details of GSTR-4A, the taxpayer can furnish all his outward supplies here. It will also contain the details of tax payable. It is required to be filed on quarterly basis and 18 th of the subsequent month.

GSTR-9A:- every composite taxpayer is required to file annual return by 31 st December of the subsequent fiscal year. It will contain the consolidated details of the quarterly returns filed along with the details of tax paid.

GST return to be filed by non- resident taxpayer:

GSTR-5:- every non resident taxpayer is required to file GSTR-5 containing the particulars of outward supplies, imports, tax paid, input tax availed and remaining stock. The due date for filing GSTR-5 is 20 th of the subsequent month or if the registration is given up, then within the 7 days within the expiry of registration.

Procedure to file GST return:

For filing the GST returns you can simply visit the official site of GST, login to your account, and simply upload the details of your invoices. If you are facing any kind of problems in filing your GST return you can easily get it filed by our BIAT Consultant. One important thing to be noted here that it is very important to take utmost care while filing the return and file correct returns.

BIATConsultant is leading consultant in India providing GST Registration online and online GST return filing .

July 24, 2018July 24, 2018

What Are The Consequences Of Not Filing Annual Return?

According to the Rules and Regulations of Companies Act, 2013, every company registered in Ministry Of Corporate Affairs is required to file Annual Returns in order to avoid hefty penalties for the Directors as well as for the Company.
An Annual Return is a document that is required to be filed by every company with the Ministry of Corporate Affair office on the close of each financial year. Annual Returns shall be filed within 60 days from the date of Annual General Meeting or if it is not held in any particular year from the date at which this meeting shall have been conducted. As per Companies Act, 2013,any
company failing to do so within the prescribed time period will be considered as an offence for which the punishment will be levied. Thus, it is imperative to file the accurate and timely returns for every company. With this blog we will discuss the consequences of not filing Annual Return.

What is the Punishment for Directors?
Directors are Responsible for managing the functions of the company. Thus, filing timely returns is also responsibility of Directors only. If they will fail to file the return on time then they will have to face the punishment for it depending upon the days for which filing is delayed. Here are some cases of penalty to be levied on the Directors:-

Case 1- Non filing of return within 270 days:
If the Director has not filed return within 270 days when it should be filed originally then it

Directors would be liable to pay an Additional Penalty. The Directors will be imprisoned for the term exceeding 6 months and the fine not less than 50K which can extend upto 50 lacs or with both.

Case 2- non-filing of returns for 3 years:
If the return is not filed for the period of 3 years then the Directors have to face severe consequences. They will no more be eligible to be appointed as Director for the same Company for the total period of 5 year from the date from the date on which the company fails to file the return.

Case 3- false statement filed:
In case the return of the company is filled with false or omitted facts the Director or any other person responsible will be imprisoned for the time period of 6 months that may be extended to 10 years. Also he shall be liable for the fine that would not be less than the amount involved in
fraud and can extend up to three times the amount involved in fraud.

What is the punishment for the Company:
The company is treated as a separate legal entity in the eyes of law. Thus, apart from the Directors, the company will also be held responsible for the non-filing of Annual Returns by MCA. Following is the amount of fine that the company is required to pay in different cases:

Case1- Period of delay of 15 days:
The amount of penalty would be 1 time of the number of fees normally charged.

Case 2: More than 15 days but not more than 30 days:
The amount of penalty would be 2 times of the number of fees normally charged.

Case 3- More than 30 days but up to 60 days:
The amount of penalty would be 4 times of the number of fees normally charged.

Case 4- More than 60 days but up to 90 days:

The amount of penalty would be 6 times of the number of fees normally charged.

Case 5- More than 90 days but up to 180 days:
The amount of penalty would be 10 times the amount of fees normally charged.

Case 6- More than 180 days but up to 270 days:
The amount of penalty would be 12 times the amount of fees normally charged.

Case 7- More than 270 days:
The penalty would be 100rs per day after the expiry of 270 days.

Case 8- for 2 years:
If the company fails to file the return for last 2 financial years consistently then the company would be regarded as inactive. Further, the bank account of the company would freeze and the notice of strike off will be issued by the company.

July 21, 2018April 4, 2020

How To File Income Tax Return For Private Limited Company

Filing income tax returns is a crucial requirement which is followed by both the companies. There are specific tax rates and time period which is specified in income tax rules and regulations that is required to be followed by every individual and company.
Income tax return is the form required to be filed with the tax authorities in order to report the income, expenses, and other tax crucial information. In India, the individual and companies meeting, the specified requirement are required to file this return on annual basis. Just like any other company private limited company is also required to file their income tax returns timely.

According to the income tax act, the tax return filing of the companies can be categorized into two parts one is of a domestic company and other is of a foreign company. With this article we will understand the comprehensive aspect of income tax return filing private limited companies.

Income Tax Rate of a Company:
Basic rate: for domestic companies in India following tax rates are being followed:
If gross turnover is up to 250 crore in the previous year – 25%

If gross turnover is exceeding 250 crore in the previous year – 30%

Surcharge: If income tax exceeds INR 1 crore – 7% rate will be applicable on the total income computed.

If income exceeds INR 10 crore – 12% rate will be applicable on the total income computed.

Minimum Alternate Tax:
it is a concept according to which all the companies whose tax liability is less than 18.5% of book of profit are required to pay the minimum alternate tax at the rate of 18.5% of book of profit in addition to surcharge and education cess.

Time limit for filing return:
The last date for filing income tax return by every private limited company registered in India is 30 th September.

Types of tax return to be filed by company:
There are two types of income tax return which is to be filed by every company, one is ITR 6 and ITR 7. Private limited companies are required to file ITR and Nidhi companies are required to file ITR 7.

BIATConsultant.com is leading company who has expertise team of CA’s and other professionals ready to provide you expert guidance on income tax return filing for private limited companies online .Contact us now .

July 20, 2018

What Is The Common Law In Trademark ?

You know even if your Trademark has not gone through the usual trademark registration, you are still the owner of trademark from the point when you start to use it. The law is there to give protection to unregistered Trademark, which is also known as passing off .

What can be a common law In Trademark:

Much like the Registered Trademark, common law trademark can also be anything from symbols, words, graphics, or any such combination. As long as it can distinctly identify your product from another, it can be a common law. A common law Trademark can use “TM” symbol along with their marks when they are trading.

The Difference between a Registered Trademark and Common law Trademark:

1. A Registered Trademark can make a use of ‘R’ symbol while trading whereas in a common law mark, owner can use the ‘TM’ symbol while trading.
2. When it comes to Registered Trademark, Trademark owner can enjoy his right to the fullest and can sue Trademark infringers whereas protection in common law is limited and restricted.
3. Registered trademark can cover a lot more grounds as compare to common law mark. It means that common law trademark is restricted to a very specific geographical region.There are certain rights which are given in common law trademark
1. If you and another person have been using the same trademark while other person has pursued with trademark registration, then two individuals can oppose his mark once it is published in the journal, in such cases the registration is being awarded on the basis of prior usage, i.e. who has been using the trademark earlier.
2. Passing off remedy: this remedy is provided when an individual is using a product from many years and has earned goodwill and become known to the public then you have right to assert your claim towards trademark that are confusing and doing the same business as you. This form of protection is called as ‘passing off’ of Trademark.

Common Law V/s Registered Trademark Registration

This is very common question which comes in mind of every individual when we talk about registered trademark and common law mark. So one should always go for trademark registration as it gives you exclusive right to use the Trademark, and it also gives you right to sue the Trademark Infringer who is illegally or wrongfully using your trademark without your consent.

However Common law is a good protection but it is only for a short term. To that end, if you want a more robust protection when it comes to the matter of protecting the mark that signifies your trade, you should go with Registration.

BIATConsultant is leading consultancy firm in India . In case you are looking for trademark registration online , or is facing any conflict regarding the same feel free to contact us at +919650476099 .

July 19, 2018

What is trademark infringement in India

If you have registered your trademark, then you have exclusive right to use that trademark, but if your trademark is being falsely used by other individual or person then it means that your trademark is being infringed. Trademark infringement is a punishable offence in India so it is very important for every people to understand what trademark infringement actually means.

Trademark infringement is defined under section 29 of Trademarks Act according to which it means that violating and exploiting the rights of the Trademark owner.

There are four kinds of Trademark Infringement and they are discussed below:-
1. There is likelihood of confusion:-
 A mark which is identical to the Registered Trademark and there is a similarity of goods or services covered by the Trademark in a manner causing confusion to the general public.
 The infringer might be a infringer by mistake and confusion was there by accident and with not fraudulent intention. So before using the mark it is advised to do a trademark search.
 The infringer intentionally desires to confuse the customer in order to compete with other brands.

2. False claim of registration:
There have been many instances where there have been claims of registration and all of them turned out to be false:
 Claiming that you have registered trademark even if there is no proof to support that.
 After Trademark has expired, and still claiming that the trademark is still relevant.

Trademark Registration in India is not permanent, therefore renewing of
trademark is necessary.

3. Unauthorized access to Trademarks:
When the Trademark is used illegally or without the consent of the Trademark Owner, then it is said that Trademark is being used wrongfully or the is an unauthorized access to the Trademark:
 Wrongfully using ‘R’ sign on unregistered Trademark.
 Intentionally claiming a false and unregistered Trademark.

4. False Trademark Imposition:
This sort of infringement is done in a following manner:
 Application of a false Trademark when processing, manufacturing, and packaging
the product.
 Making changes to the originally registered trademark before using it.
These are the types of infringement that you as a businessman might commit and you a trademark owner might be afflicted by. And to protect from trademark infringement there are provisions under Trademarks act which protects trademarks.

Trademark infringement is something that can both be deliberate and mistake, so it is necessary for both parties to know about its punishment and implications. This would prevent an aspirant make a mistake and protect the owner from being infringed.

BIATConsultant is leading legal advisory firm which can provide you expert consultant for