Business , Financial & Legal Consultant In India

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.

November 28, 2018

What is the role of Company registrar of Companies in the Incorporation process

The Company Registration process in India includes Companies Secretaries, Chartered accountants and some other individuals. In this blog we will discuss the role of Registrar of Companies in incorporation process.

Role of Company Registrar

Registrar of Companies has very important role to play in Incorporation of Companies. All documents are sent to the Registrar of Companies only. He decides everything like whether Company’s name can be incorporated or not. There are three Categories which are divided in to 3 parts and they are as follows:-

Document Accumulation– Once Registrar receives all the documents and application, then he will cataloguing it responsibly for future assessment.

Document Assessment- Once the Registrar receives all the documents then he will check whether all the documents are in order or not. And for Document assessment he will check whether all documents are present or not. And whether the documents are as per the rule of Ministry of Corporate Affair. And he will check that whether the application is filed right or not.

The certification- Once the Registrar checks every document that whether all the documents are present or not and all the documents are on record or not. And after checking all documents he will decide whether to certify the company or not. After certification of the company, documents are given to the Applicant. Only Chartered Accountant and Companies secretaries and some other people are authorised to apply for Incorporation of the Company. Because they are the experts and will advice you on correct things.

In BIATConsultant there are team of experts which can guide you in Company incorporation process.

November 26, 2018

What Is Said To Be Dormant Status Of The Company

Dormant status of the Company

The concept of Dormant Company came into existence in India with Companies Act, 2013. And it basically is formed as a sleeping or inactive company which is made for the future perspective. There is not any specific clause in the companies Act but it is mentioned in section 455 of Companies Act, 2013. And under this section the types of companies which are formed for future references is being discussed.

Inactive company does not carry any business operations or has not made any significant accounting transaction during the last two financial year. Companies must have not filed any financial statements or Annual returns during the last two financial years. Companies who have fails regarding mandatory annual requirements, those companies are also referred as a Dormant Company.

Here are some Rules regarding Dormant Company

MSC-1- Application for seeking- Application for obtaining a status of a Dormant Company can only be obtained through a special resolution Approval and through issuing a notice to all the Shareholders. There should not be any kind of dues i.e. tax dues or any outstanding loans, then only the status of a Dormant Company can be obtained.

MSC 2- Certificate of Registrar- Registrar will issue the Certificate.

MSC 3- Return of Dormant Company- By filing return the financial position of the Company can be seen. And the returns of the Company should be filed by the Chartered Accountants who are in Practice.

MSC 4- Application for Active Status- If a Company wants to get its Active Status then it can simply move an application for the revert of the status along with the requisite fees.

MSC 5- Certificate of Application status- In this certificate of Application status is being issued.

There are some rules which specifies that a Company cannot remain inactive for more than 5 consecutive years i.e. there are some rules given in which it is clearly written that a Company cannot remain inactive for more than 5 Consecutive years.

And is registrar has doubt that being a Dormant Company some transactions have been issued then the registar can take necessary steps or action to revert the status of an inactive company to a Active Company.

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November 26, 2018November 26, 2018

How to apply for Copyright Protection in India?

For registering Copyright Registration in India an Applicant must file online Application with the Copyright office. The Applicant must consist of relevant information and shall be filed along with the prescribed fees and documents.

Copyright is a kind of Intellectual Property Rights and it helps to protect the creation of the creator of literary, dramatic, musical, artistic and Cinematographic work. Copyright in India is governed by Copyright Act, 1957 along with the Copyright rules, 2013.

Step by Step procedure for Copyright protection in India-

To begin with the procedure of Copyright Registration in India an applicant must must create his user id on the official portal of Copyright by filing his basic details.
After the successful registration the applicant must login to the official portal for Copyright.
Then after logging in screen will appear in which option for E-filing will appear.
Then finally the Copyright Registration form is required to be filled up in four parts as specified below and and after completing each step the next button must be pressed i.e. form XIV must be filled by the Applicant and submitted and move on to the next step.
Then an Applicant is required to complete the particulars mentioned in this form and then press save button. In this the details about the creation must be filled like nature, description, class of work etc.

November 25, 2018

What Is Procedure Of Copywriting A Song In India ?

Once a song is made it is very important to copyright the same as soon as possible in order to protect it from infringement. In this blog we will discuss about how to copyright a song.

Copyright Registration In India is an intellectual property right provided by the law of creators of literary, dramatic, Musical or Artistic Work and producers of Cinematographic films and sound recording.

Documents required for Copyright a song

For making an application for songs Copyright, the NOC of Author, Publisher, Composer/ Producer and all other persons involved under creation of song is required to be submitted.
Two original and identical copies of the work.

The procedure of songs Copyright in India

Filing the Application- First step in the process of copyright registration of a song, an application is to be filed through a Copyright Government portal. An application can either be filed by the Applicant himself or by the person authorised by him. In Application form the details should be filled properly and is to be filed by giving prescribed fees. After submitting the application number, a Diary number is generated.

Formality check fail- Formality check is done to ensure that the basic requirement of 2 copies of work, and the complete form XIV Power of Attorney are completed. If the application fails on formality check then letter is sent to the Address to service for asking to furnish the necessary requirement issued to the Applicant.

Waiting Period- If the application is passed from second stage without any objection then it will be kept open or will be kept open for receiving any kind of objection from the person who claims or has any interest in the subject matter of the Copyright for the period of 30 days. If no objection is raised between that period then the application will be processed further on the first come first basis.

Hearing- In case any objection is raised on the Copyright applied, then the notice is issued to both the Parties. After receiving the notice, then hearing will be scheduled by the Registrar. In hearing both the parties will be given chance to speak on their part, and then if application is accepted then the it will be processed further.

Registration Granted- Finally the application passed to the Registrar, if Registrar will be satisfied then the Copyright registration certificate will be granted and if not satisfied then the Application will be rejected.

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November 24, 2018

Relevancy and reliability for BIS Registration for consumer Electronics

Introduction

India is a growing country that is why demand of consumer electronic Goods is increasing day by day. That is why government has introduced Compulsory registration scheme for consumer electronics and for that Bureau of Indian Standards has been introduced and being implemented.

Types of BIS Certification Scheme

Normal procedure for Domestic Manufacturers- The applicant is required to submit the BIS Certification Application with required documents and requisite fees. After submitting the application preliminary factory evaluation is being done by BIS Officer. Then those samples are tested in the factory. And BIS Certification is provided when sample is accepted. In this process BIS Certification is being granted within 4 months from the date of filing of the Application.

Simplified procedure for domestic manufacturers- In this the applicant submits the test reports of the sample from the BIS approved lab along with application of BIS Certification. If test report is satisfactory then verification is being done by BIS officer, and BIS Certification is granted if the verification is satisfactory. i n this license is expected to be granted within 30 days.

Tatkal scheme- Those Manufacturers who want BIS Certification mandatorily as per government Notification then they can obtain BIS Certification through tatkal scheme. In this scheme the total time for processing is specified within 30 days, and this scheme is taken on the priority basis and is done as soon as possible as compared to the other.

Eco- mark scheme- In this scheme BIS License is granted for eco friendly products. And these products must qualify the Indian standards. However it is similar to domestic Manufacturers.

Foreign manufacturers Certification Scheme- In this foreign Manufacturers are granted this License for the use if ISI mark under separately designed scheme within 6 months period.

So in case you are looking for BIS Registration Consultant in India to get your ISI mark registered in India , contact BIATConsultant.com .

November 24, 2018

FSSAI Registration In India and the documents required to obtain it

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

Need for FSSAI Registration

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

Documents Required for FSSAI Registration

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

After proper checking FSSAI will be granted.

Contact BIATConsultant for FSSAI registration in India

September 29, 2018

What is Deceptively similar Trademarks case in India; Brief Example

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

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

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

What is deceptively similar mark?

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

Famous Deceptively similar Trademark Case

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

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September 19, 2018September 19, 2018

Step By Step Procedure to incorporate a company in India

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

Steps for Incorporating the Company-

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

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

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

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

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

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

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

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

September 16, 2018September 16, 2018

Procedure to close an inactive Company In India

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

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

Ways to wind up a Private Limited Company

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

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

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

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

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

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