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knowledgentiaconsultantia · 3 years

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Global IPR Protection | Overview of Design Protection in India

PUBLISHED ON 24.08.2021 BY MS. APARNA JAIN, MS. HARINDER NARVAN, MS. AASHRIKA AHUJA AND MR. ISHAN BERRYIndustrial designs usually involve protecting a new shape, configuration surface pattern, ornamentation and composition of lines or colours applied to articles which in the finished state appeal to and aesthetically appealing to eyes. The registration and protection of industrial designs in India is administered by the Designs Act of 2000. This Act along with Rules provide for filing of a Design Application in any of the four Patent Offices i.e. Patent Office Delhi, Mumbai, Chennai or Kolkata. However, the prosecution of a Design Application is taken up only at Patent Office Kolkata. Knowledgentia Consultants, being a renowned law firm offering

Global IPR protection

services, provide expert services on all matters concerning filing, registration as well as enforcement of industrial designs within the territory of India.

India joined World Trade Organisation as a “member State” in the year 1995. As a result, the Designs Act, 1911 was repealed and the Designs Act, 2000 was enacted to make the Indian Designs Law compliant with the TRIPS agreement. Novelty under the 1911 Act was determined with reference to India, whereas under the Designs Act, 2000 novelty is determined on a global basis. The classification system of the 1911 Act was based on material characteristics of the article, whereas the Design Rules 2001 and the amendment in 2008 and 2021 provide an elaborate classification based on Locarno Classification system hence for the purposes of the registration of designs and of these rules, articles are classified as per current edition of “International Classification for Industrial Designs (Locarno Classification) published by World Intellectual Property Organization (WIPO)”. Knowledgentia, one of the best corporate international law firm in India offers world class services compliant with national and international statutes when it comes to seeking your design’s protection.

In India, the criteria for registration of industrial design is as follows:-

Finished article appeals to and is judged solely by the eye

New or original.

Not prior published in any country and not publicly known in India.

Is significantly distinguishable from known designs or combination of known designs.

Not a technical or useful function of a product

Not be contrary to public order or morality.

Not be prejudicial to the security of India.

At Knowledgentia, we advise our clients on all pros and cons associated with the aspect of design registration including it being a statutory and a territorial right accruing only basis the on registration. The registered owner thereby has a right to prevent all third parties from producing, importing, selling or distributing products having an identical appearance or a fraudulent or obvious imitation. Registration of industrial design is an asset that can be licensed. Being experts in providing sound legal advice as best litigation firm in India, we ensure to guide our clients about being cautious in not registering a design that is not new or original; or has been disclosed to the public anywhere prior to the filing date; or is not significantly distinguishable; or contains scandalous or obscène matter. The design protection can’t be granted for designs incorporating official symbols or emblems, maps, buildings, stamps, medals etc. Any person who desires to register a design is required to submit relevant documents along with the application including (Form-1) along with the prescribed fees as per schedule 1, stating name in full, address and nationality, name of the article, class number and address for service in India. Further, a Representation (in quadruplicate on durable paper of size 210mm x 296.9 mm with a suitable margin) of the article where drawings, photographs, tracings or other representations including computer graphics should clearly show the features of the design from different views. A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, work, letter, numerals should be endorsed on each representation sheet which should be duly signed and dated. Further, Priority documents need to be submitted in case of convention application claimed under Section 44 of the Designs Act, 2000.

As one of the best design and patent consultants in India, we advise our clients clearly about timelines and maintenance of their IP. For instance, after an application is made with the Indian Patent Office, an examination report may be issued. Within a stipulated time period i.e., within six months from the date of filing of the design application a reply is required to be filed in response to the objections raised in the examination report. The said period may be extended for a maximum of three months on a request made in Form-18 along with fees as per schedule 1 before the expiry of the stipulated time period of six months.The response may be accepted or rejected by the Controller. If rejected, an opportunity of amending the application or submitting further replies is provided. Once the objections are resolved, the application is accepted and a certificate of registration is issued. The registration is valid for a period of 10 years and can be renewed for another term of 5 years subject to the payment of renewal fee as per schedule 1.

Bet it finding a liable trademark and brand registration firm in India or availing smooth copyright registration services in India, at Knowledgentia Consultants, we ensure providing clear and simple advice for safeguarding and protecting our client’s inventions.

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asinfovision · 2 years

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What Is Trademark And Its Registration Process?

A brand name is an image, name, word, gadget or any blend which is embraced by an organization to recognize their items from the rest. It is often alluded to as brand name. The Trade Marks Act, 1999 and Trade Marks Rules, 2002 oversees the laws with deference trademarks.

Instructions to Register Trademarks

The enlistment interaction in India is a 'first to document' premise. Therefore, it is essential to apply for enrollment at the earliest opportunity. A brand name as a rule requires 2-3 years to get enrolled, assuming the brand name isn't being gone against by an outsider . Brand name applications are dealt with by the Office of the Controller General of Patents, Trade Marks, Industrial Designs and Geographical Indications. Branches for these offices are accessible in Mumbai, Kolkata, Ahmedabad, Delhi and Chennai. The application should be filled according to regional purview. To enlist a brand name in India the accompanying advances should be followed:-

Select a brand name specialist in India: Proprietors are possibly permitted to document a brand name application assuming their business environment is in India. Assuming this isn't true, the right holder should document a brand name application through a specialist or lawyer. The specialist or lawyer ordinarily deals with the details, for example, looking, planning, recording and arraignment of the brand name.

Assurance of the qualification and accessibility of the brand name: The specialist as a rule begins the enrollment interaction by deciding if the brand name is qualified for enlistment and leading a freedom search to check whether there is a comparable imprint in the office of the controller general.

Finishing the application structure and recording: If the brand name specialist has the general legal authority from the right holder he can finish and document the application structure. The structure will require subtleties, for example, name and address of the owner, a portrayal of the labor and products related with the imprint, whether the imprint is being used and a duplicate of the imprint.

Audit by the brand name office: The brand name office surveys the application to check whether it is finished and afterward apportions the application a number. On the off chance that the brand name is enlisted, this number turns into the enrollment number.

Primer endorsement and distribution, show cause hearing or dismissal of the application: The brand name affiliation decides whether the application is banned from enlistment either on outright or relative reason for refusal as recommended in the Trade Marks Act, 1999. After this, they issue an assessment report inside a time of one month. Contingent upon the assessment report the enlistment center of the brand name decides if the application should be acknowledged, dismissed or set up for 'show cause ' During a 'show make hearing' subject the realities an application may be dismissed, acknowledged or acknowledged with specific restrictions. Assuming the application is dismissed, the candidate can claim at the Intellectual Property Appellate.

Enrollment: Within the term of 90 days distribution in the Trademarks Journal, if not went against by an outsider, the brand name will continue for enlistment and the brand name authority will continue to give an enlistment testament.

Nidhi Consultancy helps you in trade mark registration in Delhi. We also help in registering other things also such as food license registration in delhi, gst registration in delhi etc. To get our services or know more about us .

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rickychoprainternational · 3 years

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Best Law Firm in Gurgaon: Ricky Chopra International Counsels

Ricky Chopra International Counsels is a best law firm in Gurgaon, practicing laws and assisting clients in litigation matters across District Courts in Delhi, District Court in Gurgaon, Delhi High Court through a well connected network of highly experienced advocates and legal advisors. It is a new age law firm with rapidly expanding horizons. Mr. Ricky Chopra, is an award-winning lawyer with a dynamic personality and has impressive interpersonal skills. He enjoys an excellent reputation amongst his peers.

Our firm empanels best lawyers in Gurgaon for Legal Consultation, with expertise in Criminal laws, Family laws, Property laws, Mergers and acquisitions laws and International trading and dumping law via Mediation and Arbitration.

Our best lawyers practice across multiple courts and we have close association with lawyers in Gurgaon for Gurugram District court Matters, Delhi High Court Matters, Saket district high court Matters, Tis Hazari court and Karkardooma court.

We work on various corporate Law Matters, such as, Business Registration in India, Intellectual Property Rights Protection via Patents, GDPR compliance, International trading and anti dumping, Tax and Government Registrations, Legal Documentation, Business Compliance for Startups, Mergers and Acquisitions (M&As), Environmental laws for dispute resolution.

Our best law firm in Gurgaon includes expert lawyers in matters of civil, criminal and commercial litigation laws, such as, Property disputes, Rental law issues, Landlord Tenant Disputes, Transfer & Ownership of property, in addition to general legal disputes, such as, Contract Disputes between parties, Tax and Government Registrations, Recovery, Employment Matters, Labour Laws, Partnerships and Trusts.

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We believe that knowledge grows with experience. We have made a persistent effort to grow our knowledge pool through constant research and analysis.

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letscomply · 3 years

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What are the Procedures of Trademark Registration in India?

Trademark Registration India

The Trademark Registration India was established in India in 1940 and is currently administering the Trademarks Act, 1999, and the rules thereunder. It serves as a tool and information center and as a facilitator in the country’s trademark matters.

Trademarking a Brand Name

By branding your company name, you are protecting the brand, its reputation, your ideas, all of which have undoubtedly invested a great deal of blood, sweat, and tear work on me. While the process of the trademark itself will take time in all areas that are considered, nothing would be worse than not protecting your trademark and potentially facing an infringement lawsuit from a larger company. Trademark Registration India

The process of register a trademark in India is now possible and convenient so that you can trademark any one of the things below or even a combination of the following:

Letter, word, number, phrase, graphics, logo, sound tag, smell, or a combination of colors.

Trademark registration procedures

1. Browse the internet to get the brand name that is “wacky-enough.”

2. Preparing the trademark application

3. Fill out the brand name registration application

4. Study the process of applying the brand name

5. Publish your brand in Indian Trade Mark magazines

6. Issuance of a trademark registration certificate

Step 1: Browse the Internet to get a brand name that is “wacky-enough.”

This is simply a short & best way for any newcomer to get an attractive, trendy, and interesting brand name. Picking up a brand name that is foolish and quirky is definitely a wise step because most generic names will already be in someone’s hands. Moreover, whistling on a specific name requires a quick search to ensure that you do not choose the brand or trademark name that has already in use. The great part here is that you can invent or do a few things with a mixture of generic words to build yourself a unique brand name. Trademark Registration India

Step 2: Prepare the trademark application

With the application the following supporting documents are to be submitted:

1. Proof of commercial registration: based on your registered business (for example, individual ownership, and so on), proof of identity from company directors and address guides must be provided. In the case of individual businesses, proof of identity of the owner, including a PAN card, an aadhar card can be provided. Whereas, in the case of companies, proof of company address must be provided.

2. Soft copy of the brand.

3. The claim proof (which applies) of the proposed mark may be used in another country.

4. The power of attorney signed by the applicant.

Step 3: Fill out the brand name registration application

Manual packaging and electronic filling are two different ways to deposit a registration.

If you choose “manual fill,” then you have to move personally and hand over your application for registration to the registrar office of brands that are located in major cities in India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you have to wait at least 15-20 days to receive the acknowledgment.

But in the case of an electronic filing system, you will receive your receipt to be immediately recognized on the government website. Once after receiving your recognition, you are eligible to use your own brand (TM) symbol next to your brand name!

Moreover, in the event of rejection due to the lack of approval of the name, the applicant will have a second opportunity to re-fill the same Spice form without any additional fees. This means that you get two chances to submit the same form without any additional fees for paying Rs. 1000 / – both times.

In case of incompetence to get the name adopted in the second go, you can submit the spice model again from scratch. This will prove to be cheaper on any given day than to choose the first option.

The whole process including name approval and foundation takes about 2-3 days Trademark Registration India

trademark registration online

Step 4: Study the process of applying a brand name

Once the application has been sent, the registrar will verify whether you have followed some conditions that your brand name, the current law. Furthermore, there should not be any dispute or dispute between existing or pending trademarks for registration. That’s why we preferred you to choose a quirky brand name!

Step 5: Publish your brand in Indian brands magazines

After the examination process, the registrar will publish your trademark name in the Indian trademark mark. This is undoubtedly the most important part of trademark registration, and there should not be any opposition within three months (i.e., 90 days) or 120 days, in some cases, from the date of publication. Then your brand name is to move towards acceptance. Trademark Registration India

Step 6: Issuing a trademark registration certificate

If there is no opposition posed during the stipulated 90-day duration, the registrar must approve your application for a trademark. Hi! This will be the happiest moment as the registrar issues the Trademark Registry Stamp registration certificate.

You can use the registered trademark symbol (®) next to your mark name from the moment your certification is given.

Thus with this blog post, we believe that even a novice can understand all about building a brand name and successfully registering it.

Trademark Class Finder

Trademark Registration India Frequently asked questions (FAQ)

What is a Trademark?

A trademark is a graphic type of a visual symbol representing the trademark and differentiating itself with other traders. It may be a logo, signature, name, mark, term, letters, numbers, types, etc. A trademark symbolizes the identity of the business, so the company decides, after conducting research, to make the brand unique and attractive. As they are intangible or intellectual property assets, they are used for different products or services from other similar products or services produced by a separate organization.

Although trademarks are not mandatory by law or government, it symbolizes the trademark, identity, and quality of the company.

When can the trademark not be registered?

The trademark is supposed to be the company’s assets. Therefore, a similar trademark will not be registered or copied from other organizations. So it should not be identical or copies of other companies. Besides, the trademark, which is fictitious, offensive, identical, contains prohibited elements, etc. It cannot be registered under the law.

Why registered a trademark?

Being an important asset it needs to be registered to prevent the use of your brand name by other business owners. It protects the company’s rights or investments, which it has invested in the brand or logo. An example could be highlighted with the help of giants such as Siemens, Apple, Pepsi, and Coca-Cola that belong to the same industry so far, which indicates separate brands. Likewise, we can find many examples of live companies that carry the trademark as a trademark such as LG, Godrej, etc. The trademark, as the business identity, distinguishes a company with other companies as a trademark. Once registered, the company obtains recognition from trademarks, along with the business name. The brand serves the badge, brand, quality, loyalty, goodwill statement,

How to register a trademark?

Trademark registration does not consist of complicated procedures, only to follow simple procedures. Trademarks are registered under the Trademarks Act, 1999 by the Comptroller General for Patent and Trademark Design, Ministry of Commerce and Industry, Government of India to prosecute other merchants in case of company trademark violations.

Who can apply for trademark registration?

Any individual, owner, company, partnership firm, or legal entity can apply to register the trademark, and the symbol ‘TM’ can be used until the registration is approved. Once the trademark is registered, the company may start using® after obtaining the certificate. All the whole process may take up to two years or 18-24 months. The registered trademark is valid for ten years, and it needs to be renewed at a later time.

The brand is a guarantee of service, products, quality, and advertising. So care must be taken of misuse of himself. The brand should not be the same as others.

The documents required for filing a trademark registration application?

To file a trademark application, one must attach the following documents: –

Trademark or copy the logo,

Applicant details – name, address guide, proof of nationality

Company details,

Products or services to be registered

Copy his signed power of attorney on 100Rs. Stamp paper

The first date of use of the trademark before obtaining or applying for registration

The firm may do the work on its own or through a company-owned legal representative. It may also assign the job to some experienced consulting firms with registration business experience.

Trademark process and registration?

As we mentioned, the brand is the visual form that is usually taken as the company logo. The logo is designed by a graphic designer or any Photoshop maker, but one should follow strict guidelines before designing a logo. The company must carry out research through the trademark agent to verify the similarity of the trademark. Such agents check with the Trademark Office to ensure the authenticity of the brand or to never be licensed with any other company. This test can be done through any process, i.e. online verification and offline verification. One may adopt both procedures to double it to ensure accuracy and uniqueness.

Once the brand is verified with reliable resources, the company may operate. In case of duplication, it needs to get redesigned again, and you will have to do the same search again until you find the exclusive brand. Once uniqueness is achieved, the company or representative must request the formulation of an application in addition to the required documents. After filing the application, the company may use ‘™’ until approval is received.

Once the application reaches the Trademark Office, it will check data to avoid duplication. In the case of repeated application, the last application may be rejected. Otherwise, the trademark mentioned in the Trademarks Magazine will be published for a period of four months to verify any sound against the trademark. If anyone creates an objection, the trademark will be in issue for the hearing until the issue is resolved. After all, clarifications received from legal authorities, the trademark can be sent for registration, which will be approved within six months. The order status can be checked or monitored electronically with the order number issued to the owner of the trademark.

Trademarks being intellectual property and intangible assets and held an important place in the business for at least ten years, which will be renewed after ten years. The company may renew the same brand or can apply for a new brand while following the same process mentioned above.

Usually, trademark registration companies have their qualified employees who abide by the entire process responsibilities on behalf of the company with a certain amount of advisory fees or fees. Hearing the charges, and responding to the charges (in the case of the submitted opposition), may be separate from the trademark registration fees. Choose an experienced legal representative or trademark consulting firm to handle the entire registration process until approval.

What kind of trademarks are not registered?

It is not possible to register any trademark, which is identical or deceptive, such as the existing registered trademarks or the trademark to which the registration application was submitted. Also, the trademark that is likely to cause deception, confusion, or that is offensive may not be registered. Also, geographical names, common names, common words, and common abbreviations are not registered as trademarks.

Why do I have to apply for a trademark?

Obtaining a registered trademark has a number of commercial advantages, such as:

1. Register your trademark to obtain an exclusive right to it.

2. Protect your brands, such as your company’s other assets and properties.

3. It will help you protect your hard-earned goodwill in the business.

4. You can prevent others from promoting the same brand in the same business industry.

5. It will give you nationwide protection for your trade.

What is a nice rating?

Nice Classification (NCL) is a global system used for the classification of goods and services for registration of a trademark. It has a total of 45 classrooms (1-34 for products and 35-45 for services).

Can I register a trademark before starting work?

Sure, even before starting a business one may register a trademark.

Can I get a global brand?

No. Regional brands are in nature, which means, if you are getting a trademark in India, then it will only be valid for India.

What is the authority to register a trademark?

The registered trademark is valid for ten years from the date of submitting the application. The brand may be renewed again.

When can I use the R or TM code?

The “TM” symbol can be used after filing a trademark application. “R” should be used only after trademark registration. The ® symbol may only be used in relation to the goods and services specified in the certificate of registration.

What is trademark infringement?

Trademark infringement is the unauthorized use of the trademark or service mark in or in connection with the goods and/or services in a way that is likely to cause confusion, deception or error regarding the source of the goods and/or services.

Does my registration of a trademark extend to all types of services and goods?

Trademark registrations are unique to the goods or services they represent. Records are a specific product/service made of a “category” of goods or services that they represent. Therefore, the trademark registration will be valid for the entire category of goods or services that it represents.

Is a digital signature mandatory for trademark registration procedures?

Yes, the authorities authorize applicants to verify all documents they provide, including a request to register a trademark with a Category III digital signature. Our experts will assist you in verifying documents by email.

More Information: https://www.letscomply.com/trademark-registration-india/

+91-97-1707-0500

[email protected]

https://www.letscomply.com/

#Trademark Registration #Trademark Registration in India

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intellect-juris · 3 years

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Everything About Patent and Trademark Registration

WHERE CAN I FILE PATENT IN INDIA?

Patent application can be filed in India by the true and first inventor(s), his assignee, or their legal representative either themselves or through an agent by duly submitting the application form on Indian govt official website or at the appropriate patent office. In India, there are four offices namely, Delhi, Mumbai, Chennai and Kolkata. Applicant may file the patent application in the appropriate office depending on the address of the applicant where he resides, has his domicile, or has a place of business or the place from where invention actually originated. In case of foreign applicants who don’t have domicile, place of business in India, place of business or address for service in India, patent application may be filed in the appropriate office depending upon the address of the patent agent appointed by them.

Process of Trademark Registration in Delhi, India

Stage 1: Filing of an Application

E-filing is also acceptable by the Registry.

Stage 2: Examination

The applicant must respond to these objections by submitting a written response along with adequate evidence of the claimed distinctiveness.

Stage 3: Acceptance and Advertisement

After examination, if convinced, application is accepted by the Registrar. The same is then published in the Trade Marks Journal.

Stage 4: Registration

If there is no opposition within the period of four months from the date of advertisement in the Journal, the registration certificate is issued.

Stage 5: Renewal

Registration of trademark is valid for ten years and can be renewed thereafter indefinitely for further ten-year periods.

Trademark | Patent | Copyright Registraion in Delhi - Intellect Juris Fifth Floor, ATS Bouquet, Plot no. A2/2 Sector 132, Noida 201301 9911100748

#trademark registration #patent registration #delhi #intellectual property

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nithinrao700 · 3 years

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Register Patent in Bangalore with IPExcel- Get complete patent registration assistance by experts near your location at affordable prices. Patent registration or a grant is an official certificate from the Patent Office for the filed Patent application. To get it, one has to file an application with the Patent Office. Once it is filed, the Patent Office examines it and if it is meeting all the requirements then they provide the Patent registration for the filed application. Patent Registration is provided through four branch offices of the Indian Patent Office namely Kolkata, Delhi, Mumbai and Chennai. So if an Applicant is looking for Patent registration in Bangalore Chennai Patent Office would be the appropriate branch office.

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bds-legal-services · 4 years

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Why is it important to get patent registration in India?

Patent registration is the process of registering any new invention, idea or innovation and acquiring the rights to claim the exclusive ownership of the particular innovation.

The patent registration is extremely important in a developing country like India because of the ever-increasing competition to cater to increasing customers. The patent registration provides numerous advantages to the patentee and this makes it even more important and critical for most organizations.

The patent registration process in India is complex and needs expert assistance to carry out the process smoothly. The patent registration services provided by professional agencies assist throughout the process to make it simple and clear.

What are the advantages and importance of patent registration in India?

The ownership of the invention is exclusive to the owner and nobody else can replicate or duplicate the innovation.

The patent registration helps the brands to get more brand awareness and customers because of their exclusive offering.

Patent registration enables organizations to get legal protection for their innovation.

If the innovation is being used in an unauthorised way by other individuals, then the patent registration can help the patentee to move the court and lodge a complaint against the opposite party.

The patent registration process is made simple and clear with the help of a professional patent registration office in Mumbai.

Most organizations opt for professional agencies to carry out the patent registration process for a faster process of the registration.

The patent registration provides many more benefits that make the process critical for any startup or organization.

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With concrete experience, BDS Legal Services has led the change in the way law firms are owned, managed and operated. We are consistently ranked amongst one of the reputed law firms in India.

#Patent registration office in Mumbai #patent lawyer in Mumbai #patent registration online

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caamito · 4 years

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Company Registration in Pune | Company Registration Consultants in Pune

Start-ups are small business started by one person or a group of people that offers unique products and services. The idea behind any start-up is innovations that develop or enhance a product or service. The start-up culture is getting popular in India and there is a lot of demand for start-up registration in Pune, Mumbai, Bangalore, and many other cities. To promote this trend the Government of India has introduced the ‘Start-up India Action Plan.’ This program’s aim is to recognize and encourage the evolving start-ups in India. A company is recognized as a star-up up to seven years from the date of incorporation and which has a turnover of fewer than 25 crores. Every start-up should register for DIPP with 21 days of eligibility.

The company registration process in India can be completed in 10 – 15 working days. Company registration is free for first-time entrepreneurs. CA Amit Kasat’s Firm is a top-rated legal consultant for company registration in Pune, Bangalore, Mumbai, and all over India. After registration, we also assist you with tax filing, secretarial and legal services required for your PLC in India. If you are looking to build a business in India, Pune is a place you should consider with utmost importance. Once you have come up with a business idea and decided to start a business you will need to follow some procedures to register a company in India.

Key Points:

Department of industrial policy and promotion (DIPP) looks after the grant of start-ups. The Inter-ministerial board of certification regularizes the tax benefits. Registered partnerships also considered as start-ups if it falls under other eligibility criteria and can claim tax benefits. A company can avail of tax benefits only for three years. Start-up has a leverage of self-compliance under labor and environmental laws and it will be free from inspection for three years. The start-up annoyed rebate of 80% in the patent application fee so it has to bear only statutory fees.

Documents Required for Company Registration in Pune Every Director must have PAN Card (if digital Signature is to be obtained for in the name of the said Director) issued by the Income Tax department. One identity proof in his/her name. One address proof in his/her name. Two passport size photographs of each Director are required. Clear Scanned copies of proofs and photos are preferred.

Minimum Requirement for Company Registration in Pune A minimum of 2 Directors are required (maximum 15) and one should be a resident of India. A Minimum of 2 Shareholders are required for a maximum of 200 Shareholders Any amount of capital but Govt. Fees to be paid for a minimum of shares worth Rs.1 Lakh (Authorized Capital Fee) An Indian address is required for the registered office DSC (Digital Signature Certificate) for all administrators. Companies cannot accept deposits from the public and also cannot issue shares to the public. Address and Identity proof mandatory for Directors. PAN card is also mandatory for all Indian nationals.

Advantages of Company Registration

Limited Liability High Borrowing Power Multiple Association’s Long Time Existence Tax Saving Minimum Requirement of Directors Separate Entity Transfer Friendly Ease of Raising Funds Owning Property

We have been working in this field for years and know the complexities and challenges faced by you. Legal barriers faced in terms of registrations and filings shifts your focus, we are here to help you out with all the legal dealings and compliances with an experienced team of experts, with timely services and assurance.

What are you waiting for? Get associated with the most trustworthy and renowned firm in Pune backed by a team of experts who will guide you and help you throughout your journey.

JOIN IN NOW!! FOR HASSLE-FREE REGISTRATION PROCESS & CONTINUES LEGAL GUIDANCE JUST ONE CALL AWAY!!

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starteazy · 4 years

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Filing and Prosecuting Trademark Applications:

An application for a trademark can be made on Form TM-1 with a prescribed charge of 4500/- or 9000/- at one of the 5 workplaces of the Trade Marks Registry placed at Mumbai, Delhi, Kolkata, Chennai and Ahmedabad relying on the vicinity in which the applicant is living or has his essential vicinity of enterprise Or this can be filed through the online portal of the government. If its miles determined be ideal then its miles marketed with inside the Trade Marks Journal to permit others to oppose the registration. If there may be no competition or if the competition is determined in favor of the applicant then the mark is registered and a certificate of registration is issued. If the applicant’s reaction does now no longer conquer all objections, the Registrar will problem a very last refusal. The applicant can also additionally then enchantment to the Intellectual Property Appellate Board, an administrative tribunal.

Trademark registration online Delhi.

Territorial Jurisdiction:

Mumbai Office:

Maharashtra, Madhya Pradesh and Goa

Ahmedabad Office:

Gujarat, Rajasthan, Daman, Diu, Dadra and Nagar Haveli

Kolkata Office:

Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Nagaland, Sikkim, Tripura, Andaman & Nicobar Islands

Delhi Office:

Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Delhi and Chandigarh

Chennai Office:

Andhra Pradesh, Kerala, Tamil Nadu, Karnataka, Pondicherry & Lakshadweep

Stages required for acquiring registration of an indicator:

Allotment of application range

Upon receipt of an application for registration, a serial range is allocated to the identical, that’s used as a reference range for the application. The same range is used as Trademark Registration Number if the mark is registered.

Preliminary Examination Report

The Registry examines the application and sends a Preliminary Examination Report (“PER”) collectively with Formalities Check Report (“FCR”) to the applicant in which the Registrar could name upon the applicant to treatment the deficiencies and departmental objections. The applicant has to answer to the PER and FCR inside a duration of 1 month.

Hearing

If the Registrar isn’t pleased with the application and responds to PER, he can also additionally name the applicant for the listening to if the applicant in his respond asked for the identical. If the Registrar is happy with inside the listening to he could order commercial.

Advertisement in Trademark Journal

Upon recognition of the application, the Registrar ought to reason the application with the situations and limitations, if any, to be marketed with inside the trademark magazine as accepted.

Objections, listening to and registration

Any man or woman inside three months from the date of commercial or re-commercial can also add in the prescribed manner (Form TM 5) oppose the registration via way of means of paying prescribed fees; i.e.,2,500/-. The applicant shall record counter announcement in a prescribed manner (Form TM 6) via way of means of paying prescribed fees; i.e.,1,000/-. Any celebration desirous of listening to need to record application in the prescribed manner (Form TM 7) via way of means of submitting prescribed fees; i.e.,500/-. The Registrar after thinking about the written averments and after listening to, if any, comes to a decision as to the claims of the applicant and the opponent and thereafter if the selection is in favour of the applicant, registers the trademark. Upon registration of the trademark, the Registrar shall problem registration certificates in the prescribed form. Registration of the trademark will be powerful from the date of the application and will be in pressure for ten years from such date. In case any celebration to the competition court cases is aggrieved via way of means of the order of the Registrar, it could record an enchantment towards the identical with the Tribunal.

Grounds of refusal:

Section nine offers absolutely the grounds for refusal of registration of any mark and segment eleven offers for the relative grounds for refusal of registration. The rejection order is commonly for the motive of attracting provisions of both segment nine or segment eleven.

Conditions for being eligible for registration as an indicator:

Mark need to be able to distinguish items or offerings of 1 man or woman from the ones of some other.

Mark ought to now no longer consist completely of commonplace marks or warning signs with inside the cutting-edge language or with inside the bona fide or installed practices of the change;

Mark ought to now no longer consist completely of the form of the products as a result of the character of the products themselves

Mark ought to now no longer consist completely of marks or warning signs utilized in widespread for relating to the traits of products or offerings like kind, quality, quantity, supposed purpose, values, geographical starting place etc.

Phonetic equal of registrable phrases could additionally be registrable. For example, “XTRA” can’t be registered, because the identical is the phonetic equal of “extra”.

It ought to now no longer consist completely of form that offers considerable price to the products; a fashion dressmaker watch having a specific form that offers it considerable price, as a result, won’t get registration. Such a form can be registered beneath Neath the Designs Act, 1911 as a layout and now no longer as an indicator.

It ought to now no longer comprise or incorporate of any remember possibly to harm the non-secular susceptibilities of any magnificence or segment of the residents of India;

It ought to now no longer incorporate or comprise scandalous or obscene remember;

It ought to now no longer be of the character as to mislead the general public or reason confusion;

Its use ought to now no longer be prohibited beneath Neath Emblems and Names (Prohibition of Improper Use) Act, 1950;

Registration of a mark can also be refused if there may be a chance of bewilderment at the part of the general public which include the chance of affiliation with:

(a) Any trademark much like in advance trademark used for comparable items or offerings

(b) Any trademark much like famous trademark used for any items or offerings

Registration of a mark can also be refused if its use in India is vulnerable to be averted beneath the regulation of copyright or beneath the not unusual place regulation of passing off shielding an unregistered trademark.

Duration of a Trademark:

The time period of an indicator registration is for a duration of 10 years. The renewal is feasible for similar duration of 10 years ever. Unlike patents, copyrights or business layout trademark rights can final indefinitely if the proprietor maintains to apply the mark.

Remedies for Infringement and Passing-Off:

Two styles of treatments are to be had to the proprietor of an indicator for unauthorized use of his/her mark or its imitation via way of means of a 3rd celebration. These treatments are: — ‘a motion for infringement’ in case of a registered trademark and ‘a motion for passing off’ with inside the case of an unregistered trademark.

The fundamental distinction among an infringement motion and a motion for passing off is that the previous is a statutory treatment and the latter is a not unusual place regulation treatment. Accordingly, to be able to set up infringement with reference to a registered trademark, it’s miles essential best to set up that the infringing mark is same or deceptively much like the registered mark and no similar evidence is required. In the case of a passing off motion, proving that the marks are same or deceptively comparable by myself isn’t enough. The use of the mark ought to be possible to mislead or reason confusion.

Safeguards to be taken via way of means of the owner of a registered Trademark:

The owner ought to use and renew the trademark often and in time. If the trademark is misused via way of means of others he ought to record an in shape for infringement and passing off and additionally take crook motion.

The owner ought to hold an eye in admire of logos posted with inside the Trade Marks Journal and institute competition court cases if same or deceptively comparable logos are marketed. He ought to provoke rectification court cases if a same or deceptively comparable trademark is registered..

International Trademark Protection:

There isn’t any machine as but in which an unmarried trademark application is enough to shield the trademark proper internationally.

It is likewise feasible to make use of multinational submitting structures in sure areas to be able to achieve trademark safety. For example, Belgium, the Netherlands and Luxembourg have an unmarried trademark registry, generally known as the Benelux Trademark Register.

Important paperwork beneath Neath the Trade and Merchandise Act, 1958:

Form TM – 01:

Application for Registration of a Trademark

Form TM – 05:

Notice of Opposition to Application for Registration of a Trademark

Form TM – 06:

Form of Counter-Statement

Form TM – 12:

Renewal of Registration of a Trademark

Form TM – 13:

Restoration of Trademarks eliminated from the sign in for Non-price of renewal fees

Form TM – 16:

Request for Correction of Clerical mistakes or for Amendment

Form TM – 24:

Request to sign in a Subsequent Proprietor of a Trademark

Form TM – 26:

Application for Removal of Trademark from the sign in

Form TM – 38:

Application via way of means of a registered owner for a further or alteration of a regd. Trademark

Form TM – 46:

Request for a Legal Proceeding Certificate

Form TM – 48:

Form of Authorization of Agent in a remember of proceeding

Form TM – 54:

Request for search

#trademark registration #GST Registration Online #trademark registration online delhi

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ansipms · 4 years

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bananaipindia · 4 years

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Patent grant and design registrations increase this week

New Post has been published on https://www.bananaip.com/ip-news-center/patent-grant-and-design-registrations-increase-this-week/

Patent grant and design registrations increase this week

This week’s Patent & Design data has been compiled from the Official Journal of the Patents and Designs Office published by the patent office on the 24th of January 2020. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm.

INDIAN PATENT STATISTICS

A total of 1148 patent applications have been published in the 4th issue of the Patent Journal, 2020. Out of the 1148 applications published in the journal, 103 applications account for early publications while 1045 applications account for ordinary publications or publications occurring after the 18 – month period. A total of 556 applications have been granted last week as compared to 337 grants in the week preceding the last thereby marking an increase of about 64.98%

Early Publications

City Previous Week This Week Percentage of change Delhi 21 9 57.14% decrease Mumbai 39 24 38.46% decrease Chennai 65 70 7.69% increase Kolkata 22 — — Total 147 103 29.93% decrease

Ordinary Publications

City Previous Week This Week Percentage of change Delhi 746 390 47.72% decrease Mumbai 253 150 40.71% decrease Chennai 265 323 21.88% increase Kolkata 14 182 1200% increase Total 1278 1045 18.23% decrease

TOTAL PUBLICATIONS (Previous Week): 1425

TOTAL PUBLICATIONS (This Week): 1148

Percentage difference: 19.43% decrease

FIRST EXAMINATION REPORT (FER) STATISTICS

A total of 1336 FER’s have been issued last week. Applicants and their agents can check if any of their patent applications have been examined by referring to the journal available here.

City No. of FER Issued Delhi 468 Mumbai 265 Chennai 448 Kolkata 155 Total 1336

Publications under Grant

City Previous Week This Week Percentage of change Delhi 126 195 54.76% increase Mumbai 61 94 54.09% increase Chennai 87 184 111.49% increase Kolkata 63 83 31.74% increase Total 337 556 64.98% increase

Number of Applications published based on ‘Applicant City’

Of the total 1148 patent applications published in the journal last week, Delhi, Mumbai, Chennai, Bangalore, Hyderabad and Kolkata have contributed a total of 90 applications. The total applications from each of the previously mentioned cities are as follows – 16 applications from Delhi, 19 applications from Mumbai, 21 applications from Bangalore, 21 applications from Chennai, 11 applications from Hyderabad and 2 applications from Kolkata.

List of Cities 1st of January till date 17th January 2020 to 27th January 2020 Delhi 132 16 Mumbai 199 19 Bangalore 96 21 Chennai 157 21 Hyderabad 58 11 Kolkata 12 2

Patent statistics summary (1st of January till date)

Total early publications 657 Total ordinary publications 4261 Total applications published 4918 Total grants in Delhi 705 Total grants in Mumbai 329 Total grants in Chennai 699 Total grants in Kolkata 345 Total Grants 2079 Total applications examined 6505

INDIAN INDUSTRIAL DESIGN STATISTICS

The designs office has registered a total of 196 designs this week. The total designs registered from the 1st of January 2020 till date now adds to a total of 941 applications.

Total designs registered in the previous Week: 187

Total designs registered this Week: 196

Total designs registered from the 1st of January 2020 till date: 941

Authored and compiled by Vibha Amarnath

About BIP’s Patent Attorneys

The patent news bulletin is brought to you by the patent division of BananaIP Counsels, a top patent and IP firm in India. Led by Senior Partners, Somashekar Ramakrishna, Nitin Nair and Vinita Radhakrishnan, BIP’s Patent Attorneys are among the leading patent practitioners in the country. They work with clients such as Mahindra and Mahindra, Samsung, HCL, Eureka Forbes, to name a few. The patent attorneys at BIP have strong technical and legal expertise in areas such as IT/Software, Artificial Intelligence (AI), Machine Learning, Data Analytics, Electronics and Telecommunication, Mechanical, Automotive, Green Energy, Traditional Medicine and Bio/Pharma domains. The firm is a first choice for clients looking for support in patent filing, prosecution, management and strategy in India, and across the world.

This weekly patent news bulletin is a part of their pro bono work, and is aimed at spreading patent awareness. You are free to share the news with appropriate attribution and back link to the source.

If you have any questions, or need any clarifications, please feel free to write to [email protected]

Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to [email protected] for corrections and take down

#2020 patent filings #FER #First examination report #Indian Patents #industrial designs #Patent Grant #Patent Statistics

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juudgeblog · 6 years

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How to Pay Your Property Tax Online

In this article, Aditya Swarup discusses how to pay your property tax online.

Introduction

Every property is an asset which is taxable and it is collected annually by the local state government or Municipal Corporation, depending on the government policies. It is very important to pay your property tax but the complex process of filling lengthy forms and then standing a long queue makes it more harassing and this made us feel like paying our property tax a burden. So, to give reliefs to the property taxpayers, several Municipal Corporations across the country has introduced the online payment of property tax. Mumbai collects around 10000 crores, Delhi collects around 8000 crores and Bengaluru collects around 3000 crores as revenue in the year 2016-17.[1]

What is Property Tax?

Property tax is a local tax levied by the local state government or the Municipal Corporations depending on the government policies for maintaining several basic civic amenities in the area like roads, sewage system, lightening etc. This is paid annually or semi-annually and it differs from state to state even from cities to cities. It is a formal source of income of the local municipal bodies. It is basically levied on the rental annual value (ARV) of the property. Apart from the location and size of the property various other factors like age and income of the property also determine the ambit of tax.

On which kind of property is property tax levied?

In India, property tax is basically levied upon the real estate properties which mainly consist of buildings. Vacant plots of lands without any adjoining buildings are not liable to be taxed under this head.[2] The following types of properties in India are basically taxed under the head of Property Tax:

Residential house

Office Buildings

Factory buildings

Godowns

Flats

Shops

Personal property: portable man-made property like cars, and other vehicles or types of machinery.

Land: land in its rudimentary form, devoid of any form of construction.

Improvements or upgrades made on land: man-made upgrades made on land that cannot be moved like building.

Intangible properties: properties like patents, copyrights which can be contrasted with the tangible personal property like real estate, jewelry, electronics, and other items which can be physically touched and have some values.

What is Property ID?

The Municipal authorities allot a unique identification number or provide every property a property id at the time of the registration of the property. This is the id by which every property which is registered under a particular municipal corporation during the time of registration of property which is also located in the government’s records which is required during the online payment of the tax. The municipal authorities provide this so that there should not be any confusion in determining the true owner of the property and also to differentiate properties from one another.

Valuation of the property

Before the payment of the payment of the property tax, the property is first valued which is done on the basis of certain criteria:

Neighborhood area: generally a property near a big city or in any posh area is valued higher than the same property in other areas.

Construction processes: the type of construction also adds a significant value to the property.

Possession factor: number of possession of a property also determines its value

Construction age: the date of construction also determines its value. Generally, a newly constructed property has more value than the other old buildings.

Number of floors: as the no. of floors increases its value also increases.

Covered area: the covered area also increases the value of the property. Generally, a property on a large area of land has higher value and if there is a single property covering a large area of land, it has high value then the same area covered by combining smaller properties.

Empty area: the empty area also determines the value of a property. If the area covered by the property is large but only a little of construction is done on it then it will have less value.

How to calculate your property tax

There are many methods for the calculation of the property tax but when we are trying to pay the property tax online, the websites of the concerned municipal corporations automatically calculates the property tax of the property by the provided details about the property. It is generally calculated on the valuation of the property. It is also calculated on the basis of tax rates, amount dues and rebates on the corporate websites.

Click Here

Guidelines for the online payment of property tax

The introduction of the online platform for the payment of property taxes by the different municipal corporations throughout India has made the payment of the property taxes very convenient and easy, irrespective of their time zones and location. A majority of the municipal corporation throughout India has introduced the online platform for the payment of the taxes and a number of the municipal corporation who are not able to bring this are trying to provide this facility as soon as possible to make this lengthy and complex possess hassle-free.

We can pay our property tax online through the state or municipal website by filling your Property Tax Number or Revenue Survey Number or Khata Number. Here are some of the guidelines that one should keep in their mind if we prefer to keep in mind before our paying our property tax online:

If there is a balance after one has paid his tax in advance after adjusting the dues from the previous year(s), if any, you will receive extra money through DD or cheque post verification.

Property tax for the particular financial year includes the pending amount or any dues from the previous year(s) if any amount was not paid last year(s) due to some reason or another.

If one is opted to pay the property tax for the financial year into two installments then one has to use the same form for the second installment also.

If one is willing to pay the whole amount in one installment then generally there is a 5% rebate on the total amount. However, it depends upon the existing laws and it varies from place to place.

Payments of the arrears of the previous year(s) can only be made after the challan of each of the previous year(s) have been generated.

Receipt for payment through cash or DD is generated instantly but the receipt of the tax paid through the cheque can only be granted only after the cheque amount has been released by the bank.

An interest of 2 percent per month is generally charged on the tax amount from the defaulted period. However, this also varies from the place to place and according to the law made by the local government or the municipal corporation under which it has been charged.

Procedure for the online payment of property tax

There are some of the standard procedures for the payment of the property tax but it differs from place to place. Firstly, we will be discussing the standard procedure that we will be discussing the procedures of some of the major cities.

Click on the ‘Property Tax’ option which is given in the particular website of the local state government or the municipal corporation under which it comes.

There is a need for the proper care to be taken before selecting the categories of property for the type of property which we are paying the tax. The form also guides about the changes which have been made in the website and us to take proper care during the selection of the property according to the changes made by the authorities.

Then we have to select the year of assessment, that is, the year for which we have to pay our taxes. This includes the tax of the current finical year as well as all the impending dues from the previous year(s) which has not been paid due to some reason.

Then we to fill our Property Identification Number/ Property Tax Number/ Revenue Survey Number/ Khata Number and other essential details like name of the owner, property details, type of property, relevant locality etc. and other necessary details.

Then we have to select our preferred payment gateway, that is, internet banking/DD/Debit Card/ Credit Card to complete making the payment.

Let us take a look at how to pay tax online in Delhi.

Firstly, got to http://www.mcdpropertytax.in, which is an official website for the payment for property tax provided by the municipal corporation of Delhi. Then we have to choose our municipal corporation, that is, North Delhi Municipal Corporation, South Delhi etc.

Then we have to read the terms and conditions and then we have to check the box next to ‘I have read and I accept Term and conditions mentioned above’.

Then click on the button saying ‘Click here to fill property tax…’

Then we have to enter our property ID and submit it.

Then we have to provide all the necessary information about the property. One should recheck these details as wrong information attracts direct penalty.

Then we have to choose the year for which we are paying the property tax.

Then we to choose our payment mode, that is, credit card/debit card/ net banking etc.

Then we have to submit our payment and a receipt will be generated. One should print this receipt instantly.

Then we have to save our challan generated after the payment process.

Things to remember

Remember to check all the pre-filled data because it is on the basis of these that you get certain rebates on our property tax, which is discussed earlier in this article.

If there is non-submission due to any reason, then it will attract certain penalty with interest with the tax.

Also, we have to pay the tax on the prescribed time limit provided by the authorities as late payments also lead to the extra charge.

Generally, a rebate of 2 to 25 percent is being offered by the different municipal corporation across India to boost the online payment.

There is also a provision for an additional concession for the property owner who is women and senior citizen. One should look for this type of concession which is generally given in the notice box of the website.

Wrong or any type of misleading information provided by the property owner during the payment of tax or any mistake made about the information of the property attracts direct penalty.

Property exempted from the Property Tax

There are certain properties which are exempted from the property tax. This includes:

Cremation ground

The property which is being used for charitable purposes

Government buildings

Heritage buildings

Public places for worship

Agricultural land.

Scope for the online payment of Property Tax in India

In India, the concept of Property tax was introduced to wipe out excess gains arising out of the property and to reduce inequalities in income and wealth. Interestingly, in India, this is considered trivial. This approach is prevalent because the Central Board of Direct Taxes gives more preference to the other taxes like Income Tax, Corporate Tax etc. However, non-payment of these taxes attracts a large penalty. After the introduction of the online payment of these taxes, there is a severe increase in the number of taxpayers. But the result is not the same as it was expected. There is a need of awareness made to the general public and this has to be done by the local municipal corporation as soon as possible so that there must be a fear among the taxpayers for the non-payment of these taxes. Also, there is a need for all the municipal corporations to introduce this online tax payment system so that the payment of these taxes becomes easy.

Conclusion

So we have looked all the procedure related to the online property tax payment as provided by the different municipal corporation and looked a standard procedure for the payment of these taxes. However, after this also people are not aware of the property tax in India. Very few people know that there is also an option to pay these taxes online. Generally, people who are not aware of these taxes generally are not able to pay due to the complex offline tax payment. So there is a need for awareness about this among the people as the tax is one of the main sources of income of the government which is used for the public welfare programmes.

References

[1] Retrieved from https://ift.tt/2S86Seh , on Nov 19, 2018.

[2] Retrieved from https://ift.tt/2ytNJKZ , on Nov 19, 2018.

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