Category: Registration

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Process Of Company Registration In India

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

 

  1. 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.
  2. 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.
  3. 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

 

  1. 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.
  2. 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.

 

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Procedure for BIS Registration

bis registration in india

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

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Free International Trademark search in India

trademark registration 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.

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Difference Between Trademarks, copyright And Patents

intellectual-property-ip-punch-list-

Trademarks, Copyright and Patents are three different things i.e. these are three different kind of Intellectual Property Rights. IPR is the right given to the creators over the creations of their mind. According to WIPO (World Intellectual Property Organizations) Intellectual Property can be defined as the creation of mind, the inventions, literary work, names, logo, dramatic work etc.. and creators of these things gets the exclusive right to use these Intellectual Properties, and no one else can use it without their permission.
There exists difference between Trademarks, Copyright and Patents, but still people finds it difficult to make out difference between these three. Therefore by this blog you will get to learn difference between the Trademarks, Copyright and Patents.
Trademarks
Trademark can be defined as unique name, symbol, logo, colour etc. that can be used to distinguish one goods from the other. By registering Trademark the owner gets an exclusive rights to use that trademark, and that trademark can further be transferred or assigned to others. By trademark registration in India he owner gets exclusive right of its usage and distribution. In order to get your trademark registered in India trademark that is chosen should be unique and should not be generic.
Trademark in India is given for the maximum period of 10 years and it gets renewed after every 10 years. The trademark registration once obtained is valid as long as the mark is used in the commerce.
The benefit of getting the trademark registered is that the trademark owner gets the exclusive right of usage of that trademark, and he can also further assign or license his trademark. And if anyone else who is not authorized to use that trademark uses it then the owner of the trademark can sue him for infringement of the trademark. And they can use R symbol once their trademark gets registered. For example, Apple, Maggie etc.
Copyright
Copyright is the kind of IPR that protects the original work of authorship such as books, articles, songs, photographs, sculptures, choreography, sound recording, motion pictures and creative works. In order to get the work copyright then the work should be original and creative, but the work should be in tangible form i.e. idea cannot be copyrighted whereas in order to get its work copyrighted idea should be expressed in some tangible form.
Copyright is given till the lifetime of Author plus 60 years after his life. The Author can use c symbol after getting its work copyrighted. With copyright registration in India Author gets an exclusive right to reproduce it, make derivative of work, distribute and make public performance and display the copyrighted work. And no one else can use that copyright otherwise it will be considered as an infringement, and the Author can sue the infringer and claim for damages or Injunction either. For example, Novel of Chetan Bhagat etc.
Patents
Patent is given for the new invention i.e. if any one has invented new thing such as manufacturers, machine, compositions, novel processes etc. then he/she can give application for patent registration. For Patent Registration there should be three things which should be met and those are, Novelty, Industrial application, and non-obvious.
Patents is valid for the maximum period of 20 years and after 20 years it comes in public domain i.e. after 20 years any one can use it publically.
Before 2005 only product patent was valid but after 2005 amendment both product and process patent is valid.

After getting product patent in India the inventor gets the exclusive right to prevent others from making, selling, or importing the protected invention. For example. Microsoft has taken patent for its multiple software.

Therefore these three are the clear distinction between the three on the basis of kind of product they prevent. For instance, trademarks gives protection to names, symbols, logo etc, Copyright gives protection to literary, artistic and dramatic work, or creativity and patents gives protection to the new invention.

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Benefits of FSSAI Registration

fssai registration online

A food License by which is issued by FSSAI is regarded as a permit which is required to operate a food related business and also in order to ensure good quality of food in your business an from the benefits one from the government actions on non-compliances.

But, some of the entrepreneurs, oversee the importance of FSSAI license as to how this license can be used as an effective marketing tool in order to boost your business. You can use FSSAI License in following ways:

  1. Consumer awareness: in this age of information, the consumers have become more alert and informative about the quality of food which they eat. With the number of diets and increasing of the healthy eating food options, people are required to know as to what they are consuming is not just safe but also is of good quality. More so after the recent controversy with Maggi, are proving that consumers have started to take the food security standard safely.
  1. Legal Advantage: most of the businesses identifies getting an FSSAI License as an expensive, time consuming and inconvenient process of documentation, thus, they try to avoid getting the license. But in reality the process is not so cumbersome and there are sites which can help you get the license with ease. The  actual cost is order to achieve the license is less than what you will have to pay for in as the penalties if you are caught. It is thus advisable for any businessman to firstly get your license before you can even officially open your business.
  1. Using the FSSAI logo: once you have the license, you can skillfully use the FSSAI Logo in your menu cards and also in the Pamphlets in order to publicise you foods superior quality from others. This however, gives you edge over the many food operators not having the license. All packaged food is thus required to have FSSAI number. The logo is seen as the mark of validity as also for assurance by the customers. In fact the selective consumers wants to consume food products specifically who are having the license. It helps you in developing a brand name.
  1. Business Expansion:  when the time comes for your business to expand in other areas or outlets, you can easily do so with the help of FSSAI License. The license will help you to establish your reputation and also your qualification to grow your business in a new direction and with ease. Moreover, the license can also make it easier for you to get bank loans and for funding which is required for expansion. 

It is thus believed that there are more than crores businesses in the country while only 33 lakhs are registered with FSSAI. The importance of the quality standard is ever growing and it is beneficial in the short as well as in the long run for your business in order to have FSSAI License.

 

In case you are looking for FSSAI registration online , you can consultant BIATConsultant for the same to easily get your FSSAI license .

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How To Check Or Search Registered Trademarks In India?

trademark registration india

If you want trademark registration to be a successful process, you need to cover all your bases. With the search for a registered trademark, you will be one right step to the right direction of this purpose of covering your bases. The process is undertaken online and it is pretty simple. However, make sure that you are o the desktop while you are searching for a mark. Because Government sights are not yet optimized for mobiles properly.

A trademark search is what one might call the most underrated aspect for applying for trademark registration that many laymen out there tend to ignore. This step is not only important in order to see as to whether your mark is even available, but this search module is also responsible for something called a proper trademark classification.

Searching for registered trademark in India

If you are engaged with the trademark registration process in the right way, you are going to make sure that all your bases are covered. To that end, it is important that you make sure that each and every step you take throughout the application filing process is the right one. One of those step is to look for a registered trademark.

Steps to look for a registered trademark

The steps to look for a mark that are already been registered are the simple one if only you know where to go. To that end take heed of the following steps:

  1. You first need to open up your browser (preferably Google chrome or internet Explorer)
  2. Then you go to the browser and you search and input these exact terms, public trademark search.
  3. Once you are there in the module, you will have the following options:
  • A word mark
  • A logo
  • Other mark

      4.   If you select word mark from the drop drown menu, then you will be prompted to enter the Vienna code. Therefore, as your first search choose the wordmark.

       5.  Now, in the given dialogue, you input anything that you want to write. If you want to type  “Taranga” you can type that. However, if you want to know the mark starting from a certain character you precede the character with “starting with”.

       6.  Now, matters what method you choose, enter your mark and press enter.

       7.  If any such registered trademark is available, you will be presented to a page where you can actually see the trademark along with its logo.

These are the steps that will allow you to see the registered trademark. This is going to make sure that you are properly armed with at least some knowledge before you apply for your own trademark.         

You can also contact BIATConsultant for getting your trademark registration and trademark infringements in India .

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What Are The Advantages & Disadvantages Of Partnership Firm Registration?

partnership firm registration

The Partnership firm is the one that entails partnership between two individuals that undertake business for profit reason. There is no need to incorporate this form of business entity and there is no need to have a structure associated with it.

When it comes to India , one of its most popular firms that has come up with the Partnership firm. It is a form of business entity where two individual partners up and join forces to conduct a business for the purposes of profit.

However, just as it is with every sort of business entity, there are advantages and there are drawbacks that are associated with this particular form of business entity and they are as follows:

Benefits Associated with a Partnership Firm Registration:-

The benefits that are associated with a partnership firm are as follows:

  1. This sort of business entity is easy to start- 

Among all the business entities that are present in India, this is the sort of firm that is easiest to start. The only requirement for the incorporation process for this firm is that the need of a partnership deed. With this requirement, it can be incorporated and start within the same day. When you compare this kind of firm with the Limited Liability Partnership you would note that compared to 10-15 day registration process of LLP, this is just one day.

  1. There is no need to pass resolutions-

When it comes to any sort of business, the most amount of time it takes to start a process is with the decision process. The reason for this is to need to pass the resolution. However, this is one thing that the partnership firm does not need to partake in. to that end the decision process is fast and is reliable.

  1. Raising Funds-

It is far easier for a partnership firm to raise funds when you compare it to the Proprietorship firm. As there are multiple partners to contribute money. Furthermore, when it comes to loan, it is easy for a partnership firm to access it as the banks favours this lot more.

  1. Equal sense of belonging-

Each partner in a partnership firm has a sense of belonging. They both can manage and indulge with many activities within the company. However, there cause is also common one. With ownership, what you have is a higher sense of accountability. The more accountable that partners feel, the better is there performance.

However, all is not green in the world of Partnership for there are certain drawbacks to this a well:

Drawbacks associated with partnership Firm Registration

The drawbacks that are associated wit this sort of firm are as follows:

      1.  The Liability is unlimited-

When the firm suffers a loss, then each and every partner associated has to bear them. Furthermore, the liability that one partner creates happen to be same for the other partner as well. In order to quell this liability, LLP came into existence.

       2.  The Number of Members is low-

When it comes to the numbers of members, that are allowed in such a firm, the number is limited to 20. To that end, the LLP makes for a much better option in this regard.

       3.  There is no central figure-

While this is commendable that this form of business entity tries to take a lot more attentions into its account. The lack of the central figures when it comes to the operations can make the entire endeavour a bit directionless. Furthermore, there can also be a discrepancy as to how much power is given to the Partners. There are times when one partner has more power than the others and this can turn things ugly as well.

       4.  The public finds it hard to trust a Partnership Firm-

When it comes to the matters of trust, you should know that a Partnership Firm does not require any sort of Registration done. To that end, there is no need to have structure of this firm. Now, for something which appears to be directionless, it is quite hard to gather the trust from anyone, let alone the public.

        5.  it can be dissolved abruptly-

When there is a certain case of “death” of one of the partners of the firm, it resukts in the complete dissolution of the firm. This sudden tend to end the business of the firm. With protection against dissolution, LLP has become a more desirable option as the death of the partner does not lead to any such disruptions to operations.

Conclusion-

There are both ups and down when it comes to a Partnership Firm. However, some of its benefits and disadvantages come with any form of business entity. While the lack o a central figure and lack of limited liability is quite obvious, there is a sense of freedom associated with such a company that still makes it alluring to traders.

BIATConsultant is leading consultant for partnership firm registration online in India .

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

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.

  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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 .

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Legal Advice For Startup Company In India

legal advise for startup 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:-

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.

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