Registration Archives - Page 11 of 13 - Business , Financial & Legal Consultant In India

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.

January 13, 2019January 13, 2019

What is Patent Cooperation Treaty(PCT)

The Patent Cooperation Treaty (PCT) is an international treaty administered by the World Intellectual Property Organization (WIPO). PCT system makes it possible for every Patent holder to obtain its Patent protection in several countries by just filing single application through PCT.

The granting of patents remain under the national or regional legislation of the national or regional Patent offices. It is called the “ national Phase”.

In the national phase, each patent office is responsible for processing the application in accordance with its national patent laws, and for deciding whether to grant patent protection.

Advantages of Patent Cooperation Treaty

Applicants and patent offices of contracting states benefit from uniform formality requirements, international search, supplementary international search and preliminary examination reports, and centralised international publication.

Who can file PCT application

The visegrad Patent Institute is appointed as an international Searching Authority ( ISA) and an International Preliminary Examination Authority (IPEA) under the PCT system for applicants who are nationals or residents of Czech republic, Hungary, The republic of Poland and the Slovak republic. The two letter code representing the visegrad Patent institute is XV.

How to file your PCT Application

Requests must be made on a printed form or be presented as a computer printout, unless the receiving office or WIPO’s website. A special programme for electronic (E-PCT) filing is available from WIPO.

Where to file your PCT Application

Applicants who wish to file an international PCT application have to use the national office (which acts as a receiving office) in the country of which they are national or resident or the international bureau as a receiving office.

January 13, 2019

Procedure for Foreign Companies To Register Its Trademark In India?

Registration of Trademark is one of the important factor across the globe. And many foreign and domestic applicants are applying for its protection.

The Madrid Protocol agreement governs the International Trademark registration under which a mark can be registered internationally in multiple countries.

Also Read : Procedure For Registering Trademark In India ?

Certain countries have been declared as convention countries by India and accoreded similar privileges as those granted to the citizens of India. A person or a company from a convention country can apply for Trademark registration in India within 60 months of making an application in the home country.

If accepted, such a foreign national will be deemed to have registered his/ her Trademark in India from the same date on which he or she made application in the home country.
In case an application have been made for registration of trademark in more than one country, a period of 6 months would be reckoned from the date on which the earlier or earliest of those applications were made.

What is the eligibility criteria for International Trademark Registration

The following are the main requirement for obtaining international trademark in India?

The applicant should be an Indian national or domiciled in India.
The Applicant must have the real business in India.
The Applicant must have Trademark application/ trademark registration of your home country. It will be used as the basic mark for the International registration.
The applicant must choose one or more countries which are member countries of the Madrid Protocol Agreement.

What is the procedure for filing an International Trademark Application

The Trademark Application/ registration of home country is known as a basic mark which is submitted with the international Trademark Application.
An International Trademark application needs to be filed through the office of origin along with the basic mark application/ registration. Te application is forwarded to WIPO after certifying the international application.
The WIPO formally examine the international application, if approved, the mark will record in the international register and publish in t5he WIPO Gazette. After which they issue a certificate of registration and notify the contracting IP offices.
The Trademark offices in which you want to protect you mark will conduct further substantive examination under domestic law. Within 12 to 18 months either grant or refuse the Trademark protection. The decision of the cou8ntries will not affect the decision of other designated countries.

What are the benefits of filing international Trademark Application under the Madrid protocol?

Madrid Protocol is a one stop solution to obtain trademark protection in multiple markets.
Outweigh the costs of the international registration as compared to individual foreign filings.
Subsequent changes like renewal, change of name or address or ownership are cost effective with single procedure and fee payment. It is time efficient bas well.

Want to register international’s Trademark ? Consult BIATConsultant

January 2, 2019

How to Transfer shares in a Private Limited companies

transfer of shares in private limited company

Transferring shares in a Private Limited Company is a simple one, in a Private Limited company it is the responsibility of the shareholders to determine the ownership of the company and for this very reason transferring of shares is important. And in this blog you will going to understand or answer to the question that how to transfer shares in a Private Limited Company–

Share transfer restrictions-

There are following restrictions which are involved in trasferring of the shares in a private Limited Company and those restrictions are mentioned under their Articles of association of the company. There are two kinds of share transfer restrictions that are described in AOA and those are as follows-

Power of Directors to refuse- eventually, every decision regarding the future of the company lies with the Directors of the Company, and if there is certain circumstance in AOA which is not being followed then the Directors can refuse to transfer the shares.

Rights of Pre-emption- if any shareholder wants to share its share either whole or part of its shares then before selling it to outside it is their duty to first ask existing members or shareholders.

If there is any private agreement between the shareholders regarding the transfer of the shares then they are not to be considered as legally binding upon them in any form.

Process of transferring shares are as follows-

Firstly one should see that or review the Articles of association for any sort of restriction associated with share transferee.
Secondly notice is to be given to the Board of Directors of the company for its intention.
Then price determination of shares is to be done. Evaluation of the price of shares is being done according to the clause mentioned in Articles of Association of the company.
Then shares must be firstly offered to the current members of the company.
The company should provide shareholders its share availability, the purchase date of shares and the price of the shares.

Selling of a Private Company shares

Firstly a proper transfer deed is to be prepared in a proper and prescribed format.
Then this deed is to be signed by the transferor and transferee of the shares.
Then this ded is to be stamped according to the Indian Stamp Act.
Then witness has to sign the deed who were present at the time of step 2.
Then share deed along with the share certificate have to be forwarded to the Board of Directors for approval.
And lastly if directors gives approval for the selling of the shares, then new share certificate is generated in the name of one in whose name the share is being transferred.

December 18, 2018December 18, 2018

Partnership Firm Registration in India

Partnership is a group business form where people come together and put their ideas forward towards business with mutual understanding. Partnership can be between individuals, Business Groups, Government and many more Organizational Bodies.

Steps of Partnership registration Firm in India

Choose a Partnership Name- Partners are allowed to pick any name for their firm subject to the accompanying Principles. The names of a firm must not include words like crown, emperor, empress, empire, or words communicating or inferring the authorise, endorsement or support of the Government.

Create a Partnership deed- Then partnership Deed is to be prepared by all the partners of the firm to avail the benefits of Partnership. The following are the fundamental attributes of an Organization Deed-

Nature of Business to be carried on
Name and address of the firm as well as of the Partners
Duration of partnership
Capital contribution by each partner
Date of commencement of business
Profit sharing ratio among the partners

Consider whether extra statements are required- Partners may likewise say any extra statements.

Salaries, commissions and so forth, assuming any, payable to accomplices.
Method of getting ready records and game plan review.
Division of errand and duty , to be specific the obligation forces and commitments of the considerable number of accomplices.
The principles to be followed if there should be an occurrence of retirement, passing and and confirmation of an accomplice.

Choose whether or not to enlist the Partnership firm- then partners have to choose whether they should enlist the partnership Firm or not.

Application for Registration of Partnership Firm in Form 1-

Properly filled example of Affidavit
Ensure True Copy of Partnership deed
Proprietorship verification of the foremost place of business of rent understanding thereof
Sign the application, the application and proclamation must be marked by everyone of the accomplices, or by their specialist particularly approved for this benefit.

Anticipate that the registration procedure will continue formally- one should record the passage of the announcement in an enlist called the register of the firm and issue a certificate of registration. The Registrar keeps finished and forward data about all enrolled firm.

December 7, 2018

What Is The Process To Rectify The Already Registered Trademark In India

trademark rectification process in india

Trademark rectification is a legal procedure that is done to correct or rectify the error that has been done or made in the Trademark that has been put inside the Trademark registry. It is done when trademark has been wrongly registered or or when the mark is still in the trademark Registry after it has been expired (gone beyond the 10 year limit).

Trademark Rectification- Eligibility criteria

Anyone whose Trademark has been entered into the registry in a wrong way.
Anyone whose Trademark Application ahd the correct mark but the data which was entered in the register was wrong.
Anyone whose Trademark registration period of 10 years is over and the mark are still present.
Anyone who wants to cancel the trademark registration.

Trademark Rectification can be applied only when anyone’s Trademark is registered. If anyone’s Trademark is not registered then Rectification for trademark cannot be applied.

What are the grounds of trademark rectification or Trademark Cancellation?

If the trademark registration was done without any proper means, or if the Registration was obtained through untrue representation of facts, or if the Trademark was already been registered.
The Trademark is still inside the registry even after either there is a case againsts it, or the Trademark can create confusion.
If there are changes, amendment, or modification needed to be made to a registered Trademark according to the more recent advancement.
If a Trademark is registered but hasn’t been using it for more than 5 years.
If the Trademark hasn’t been renewed after its prescribed time of 10 years.
If the Trademark Registration have been obtained using unsrupulous means or fraud, then the Trademark can be expunged from the Trademark registry.
If there are any evidences pertaining to the non conformity of the Trademark registered on the grounds present in the Indian Trademark Act.
If more classes need to be included or added to the Registered Trademark.

Where is Trademark rectification Application filed?

Trademark rectification application is to be filed before the Trademark registry or either you can apply the rectification application of Trademark online also. However more physical approach is recommended.

Trademark Rectification Procedure

Firstly you need to file the Application for Trademark Rectification, and for filing there is a prescribed fees and format provided.
The application should include the case statement.
Once you have finished the Application, you can submit it either to the 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 format.
After this a haring happens, and the order for subsequent removal or rectification of Trademark is passed.

Want to register trademark in India or get it rectified , consult BIATConsultant now .

November 29, 2018

How to protect Trademark Internationally

If any person wants to register their mark in abroad or you are thinking for worldwide expansion then he can consult his lawyer or his agents to get it registered. And every Application for Trademark is applied individually in that Country’s IP Office. Applying in a different Country is a quite tricky process and that is why World Intellectual Property Organization (WIPO) have given Sorted solution for that and i.e. Filing of Trademark through Madrid Protocol through which Trademark can be applied in several countries through a single Application.

What is Madrid System

It is basically an Agreement which is signed by several countries (At present t has 97 member countries). By filing single Application Trademark can be filed in these several countries. By filing of a single Application status of your Trademark in each country can be tracked and managed centrally through the WIPO Site. without Madrid System international Trademark process is quite tricky and lengthy.

An Application will be moved from the country of origin only. And costing is given on the WIPO website. Fee Calculator is there on the WIPO website to tell the fees for applying for Madrid. It depends on the number of countries you are applying for and accordingly fees is charged. It takes 15 to 18 months to get it registered and can be renewed after every 10 years.

Therefore for Trademark application it is advisable to seek suggestion from the trademark attorney and after proper consultation only applies for Trademark filing by the way of Madrid System.