Uncategorized Archives - Page 4 of 4 - Business , Financial & Legal Consultant In India

September 29, 2018

What is Deceptively similar Trademarks case in India; Brief Example

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

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

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

What is deceptively similar mark?

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

Famous Deceptively similar Trademark Case

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

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

August 28, 2018

Procedure For Registering Trademarks in India

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

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

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

Trademarks Registration process Online In India

Top off the Trademark Registration frame:

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

Trademark Search

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

Choice of Class

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

Trademark Application documented

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

Fastening the Vienna Codification

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

Trademark Examination

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

Hearing before trademark enlistment center/Officer

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

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

August 15, 2018

How To Register DOT OSP License For Call Centres In India ?

How to register a call centre in India

Other Service Providers (OSP) are the service provider of IT and telecommunication services. OSP can take telecom services from authorized telecom service providers. These services can be provided in the field of banking, medicine, e-commerce, aviation, education etc. telecom resources are telecom facilities used by OSP. There are two kinds of OSP domestic and International.

OSP services need to get registered through Department of Telecommunication (DOT). Services can be provided according to the terms and conditions formulated by telecom commission in February, 2000. There are certain services like call center, IT Services, and telebanking.

Requirement of OSP Registration:

Incorporation certificate of the company.
Memorandum of Association and Articles of Association.
Board resolution of power of attorney authorizing the authorized signatory with self attested signatures.
Nature of business or activities of proposed OSP.
Directors list of company
The present shareholding pattern of the company and equity details.
A number of seats in the call centre
Schematic diagram of the call centre layout and details of equipment
Address of the location connected with leased lines or where incoming only PSTN lines are terminating
The bandwidth of the leased lines

Steps to Register:

First you need to visit website www.dotosp.gov.in
Fill form 1 where all the information about the services are needed to fill.
Submit the important documents mentioned above. The documents should certify from Company Secretary, Director, Statutory Auditor, or Public Notary.
After it, the authority makes necessary verification and it grants the license valid upto 20 years from the date of such Application.
The Company can have more than one OSP which requires an amendment.
The processing fee is to be paid Rs. 1000 can be in the form of DD or other banking norms.

Terms and Conditions:

Telecom resources of OSP should be from an authorized telecom service provider.
After examination of a network diagram of the network proposed to be set up by the OSP from Authorized telecom service provider.
OSP should submit the copy of the network diagram approved by the telecom service provider to VTM cells for records and verification.
OSP can have internet connectivity from an authorized internet service provider.
Permission to share OSP with Telecom Bandwidth with other activities of the same company or group of companies.
Restriction has been proposed that the OSP shall not, without the prior written consent. Directly or indirectly, assign or transfer this registration in any manner.

A comprehensive guide to start a BPO in India

For every aspiring entrepreneurs who desire to start a BPO the procedure for its Registration may sound tedious. In this blog we have outlined certain easy steps which you can follow to start a BPO in India.

When it comes to Indian Stereotypes, talk about the call centres come at the top of it. But, regardless of how it might look like, there is a certain amount of untapped potential of profit in this industry. This fact is pretty evident by the fact that several start-ups are actually moving forward with their dreams of having their own Business Processing Outsource (BPO). However, this entire prospect of BPO centre is not quite easy. It requires patience, lots of legal hurdles, and lots of documents that can make the entire process quite daunting.

However, with this blog, we aspire to ease your pain on how to start a BPO in India. Once you are done with this blog, you will have a more intimate understanding of the documents you require and the acts which you need to perform.

Step 1- setting up your BPO institution as a legal entity

Before you move on to setting up your Business Processing, you need to make sure that it stands as a proper legal entity. When it comes to India, you should sick with the most popular and the most feasible legal entity. Private Limited Company is the most relevant one. You can read about that how to give your business this legal identity in one of our other blogs.

Step 2- adhere to the purpose of BPO

A BPO is meant to provide services, these services come under other service providers (OSP). Therefore you will need to provide an OSP registration to your legal entity.

Step 3- Adhere to the following guidelines

Here is a succinct outlook on the guidelines that you need to follow while setting up a BPO:

There are exclusivity for call centres in India.
They are registered under OSP category defined in section NTS 99.
The validity period is 20 year.
100% FDI is permissible in all of the call centres in India
There should be no change in foreign or Indian promoters to the call center until approved by the competent authority
The resources that the call centre use should have legal standing
The telecom services provided to the BPOs will be based on their approved network diagrams.
There should be no interconnecticity of the international call centre to the domestic one.
The Department of Telecommunication is responsible for providing the adequate approval for interconnecting two domestic centers.

There are several other guidelines which you need to adhere in a letter head that you need to provide along with the following documents:

A DD of 1000 Rupees in the name of “pay and accounts officer (HQ), DOT”
Location of the termination sites of IPLC
Bandwidth of that IPLC
Number of seats in the centre
Schematic diagram of the call centre
Name of the foreign/domestic clients associated with the BPO

So in case you are looking for DOT OSP license registration in India for your call centres , you can contact BIATConsultant who can help you getting the license with ease .

August 8, 2018

Why should I obtain ISO 9001 for my business?

Every enterprise who desires to magnify his business by building customer trust an efficiency shall head out to obtain this certificate.

Every business is incorporated with a motive of attaining success and creating an image among customers. For attaining trust it is very crucial for every business unit to practice efficient business management tools. How can any company ensure effective implementation of quality registrations? A company can deal with quality management system by obtaining an ISO certification. The ISO certificate is obtained by the international organization for standardization or ISO. It is an international non Government body possessing almost 162 countries as its members. No matter what is the size of the Organization big or small this is a generic standard which can be applied to any kind of Organization. One important thing to be noted here is that if a person desires to tender for public sector work then obtaining this certificate is mandatory requirement for you. Through this blog we will take you to the meaning of ISO certification and its Advantages.

What is ISO 9001?

All across the world ISO 9001 is recognized as the quality management system in the world. Belonging to the ISO 9000 family this certificate deals with the various aspects and angles of quality management. Basically the aim of the certificate is to set out the criteria that can assist the organization in meeting the requirement and expectations of its customers. When the Organization obtains this certificate it helps them in enhancing the customer satisfaction and thus increasing the business with continual improvement in the performance. Every company irrespective of its size, work, and the products can gain benefits from the ISO 9001. One more thing to be noted about this certificate is that it is applicable to all the sectors of activities whether it is a public administration or business enterprise.

How will ISO 9001 benefit your business?

Simply stated ISO 9001 helps your business to grow and to stay at the next level reached. This certificate is a global recognition that help every business to create an identity of its own and welcome new business opportunities. Lakhs of organizations in the world are using this certificate and has reaped its benefits over years. Below we have listed out some of the benefits of this certificate for a business entity.

Improved customer satisfaction

The basic essence of this certificate is to improve the experience of its customers by making improvements in its ways and methodology focusing on customer requirements. Having a happy and satisfied customer base is the desire of every enterprise that contributes to the success of business immensely.

Increased credibility of the company

ISO 9001 is known as the standard of quality management system all over the globe. Thus obtaining this certificate attaches a good image with the company. Moreover usually ISO 9001 is the usual requirement for the company looking for a supplier. In this way ISO 9001 plays a crucial role in increasing credibility of the company and image of your business.

Integration of business process

There are simple processes in a business organization which makes it harder to integrate them all. This certification set out the efficient procedures, the flaws and errors are moved out and a better integration of all procedures is ensured.

Continuous improvement of business is ensured

ISO 9001 requires the consistent growth of business operations which in turn improves the overall growth of the business. Also it helps an organization to get and grab bigger opportunities that can drastically improve the performance of the business.

Marketing tool

in today’s era of competition marketing is not an additional requirement rather it is a primary need for the success of every business. Obtaining this certificate helps a business unit to imprint its good image in the minds of people. Thus it can prove to be a very good marketing tool for both big and small scale enterprises.

Improved quality of products

By now we have clearly understood that obtaining this certificate helps in placing quality standards in organization. When organizations observe certain standards the staff becomes much clear and thus the quality of products also improves.

Motivation to staff

This certification ensures the facilitation of clear processes and (communication) structures, tasks, and responsibilities throughout the entire Organization. To implement the clear processing staff involvement is mandatory. That assists in the motivation of staff improving the working atmosphere and reducing the pressure of work.

To conclude we can say that ISO certificate is powerful tools that helps the business units to bring out their best. Are you planning to obtain this certificate? Don’t wait to connect with the experts of BIATCONSULTANTS.COM

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 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 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

July 18, 2018

THINGS TO KNOW ABOUT PERSONAL LOAN

What are personal loans?
Loans which are used for personal use like for medical, education, vacations or
for the purchase of household items are known as personal loans. These are
different from the business or commercial loans. These can be unsecured or
secured by putting up the assets by co-signing the loan. The unsecured loans
are also called signature loans. When you apply for the loan, all your
information like the past credit history and credit score is checked. Personal
loans are brilliant when you need quick cash. Here are the things that you need
to know about the personal loan.

Purpose and eligibility of the personal loan
The main purpose of the personal loans is the expenses like loans for wedding,
home renovation, children higher education, other personal financial needs
etc. There are lots of eligibility criterions for the personal loan and each bank
has its own set of rules like minimum age, credit score, income, occupation,
assets, place where are you resigning etc.
Maximum possible loan tenure and disbursal of loan amount
A loan can be given maximum for five years. It is not possible to have a loan for
more than 5 years. When the loan is approved, it gets disbursed in 7 days of
work. As soon as the loan is approved, either you will get a cheque or
equivalent amount of money will be transferred into your bank account.
Maximum amount you can borrow from bank regarding personal
loan
The maximum amount which one can borrow depends upon on the past loan
which one has taken. If the person is already having a huge loan then it is very
difficult to get your loan approved. Make sure that the loan which you are
applying for has an EMI 50% less than after paying the current EMI. Then only
you can have your loan approved.
What is the minimum loan amount?

It all depends upon the institutions and banks. Some banks have the minimum
amount of 30000 while some has no minimum amount.
It is always great to compare different loan schemes. These can be compared
using loan tenure, processing fees and other factors. Choosing the right bank is essential and it must be selected according to your requirements.

Maximum loan amount which you can get
There are many factors affecting the maximum loan amount you can get from
the bank. These factors include credit score and salary. If you have good credit
score, close to 900, then you are more likely to get your loan approved.
If you do not have a good salary, it may happen that your loan will not get
approved. So it is crucial to have a decent salary before applying for a loan.
There is no maximum limit as such.
The necessary documents
Some of the common documents that are required for applying for the loan
are as follows:
 Income confirmation documents
 Address proof documents
 ID proof
 Copies of degree

Loan repaying process
There are various options that are involved in the loan repaying process. It
depends on bank to bank. It can either be completed through post-dated
cheques or through the Electronic clearance system (ECS). You have the
provision to pay the loan before the end date of loan tenure.
The loan is generally approved by the loan sanctioning officer. First of all, you
will have to submit all the documents, and then the verification of the details is
done. If the officer finds all the information appropriate, then only he/she
sanctions the loan. Once your loan is approved, you will get your loan within
the seven days.

Loan interests
As the personal loans are unsecured, banks generally charge you a higher rate
of interest. These interests rate varies from bank to bank.
You can even get you loan with a co-applicant. As the salary bracket rises, the
chance of the larger loan also increases. Make sure that none of you have a
poor credit score or you will have difficulty is getting large loans. Good credit
score is also essential because if you have a good credit score around 900, then you have more chances of reducing the interest rate of the loan.

BIATConsultant is leading business loan provider . Contact us now to avail our service of Financial Advisory .

July 15, 2018

COMPANY INCORPORATION – IS IT EXPENSIVE AND DIFFICULT?

Several entrepreneurs ignore the importance and significance of company
incorporation before they even begin. They have heard from uncle’s father’s
brother that the incorporation of a company is very expensive and a very
complicated process. So the question arises-why do the big firms and
companies own corporations if incorporation of company is full of spikes?

What is Company Incorporation?
A company generally comes into existence by a process known as
incorporation. After a company has been incorporated legally, it becomes a
distinct entity for those who invest their labour, assets and capital to run the
company. After promotion, the next stage in the establishment of a company is the incorporation or registration. The promoter of a company must perform
the following functions for getting the company registered under the
Companies Act.
First step is the approval of the proposed name of the company. Next step is
filling up the documents that are required during the registration. The third
step is the payment of the required fees as mentioned in the companies Act
1956. The final step is the registration of company. After these four steps, the
company is incorporated.

Incorporation of company offers something to everyone

Whether it is a well-established company or it is fresh new start-up,
incorporation of company has something to offer to everyone. There are heaps of advantages and benefits of company incorporation. Incorporating a business is like making a new entity inside the eye of legal system. This adds value to the business which is incorporated. General population is worried about the financial security of their money. After a business is incorporated in the company form, security is offered to greater part of population.

For the starters, company incorporation can be a real stress. Even for the
veteran entrepreneurs, incorporation of a company can be a challenging task
because there are certain formalities and paperwork that is required for it.

Help of company registration consultant must be taken to implement company incorporation. Even the highly experienced business associates and investors have no clue when it comes to company incorporation.

Company registration consultant makes incorporation easier

As we saw, how cumbersome and hectic the incorporation of company can be?
However, the incorporation can be made easier with some assistance. There
are company registration consultancy firms that assist in the registration of
company. These firms have in-depth knowledge of the process and the
paperwork that is required for registration. When a company is registered, it
becomes a legal company and follows the rules and regulation established by
the government.

That is the reason why the people take help of these professionals for
company incorporation. By exploiting the services of experts and advocates,
company incorporation will not be tough task for you. If we talk about
management fees for company incorporation, it differs from state to state
depending on the lawful share assets of the company. Likewise, fees charged
by specialists for company registration may vary from place to place.
With the expertise of these professional, the company incorporation can be
done with a blink of an eye.