Three Step Procedure of Trademark Registration

     

How many scribbled papers, cups of coffee and sleepless nights you had before designing your unique logo...many right?? Would you like any Harry or Larry to take the name and identity of your logo??.... Heck no!!  At such times your rescue is Trademark registration!!!

 Let’s put this way long procedure in just three simple steps

1. Availability and Approval: Firstly, ROC staff will look for the the proposed names for availability or any resemblance with other company names in India. If they find it difficult to approve names that might create confusion in the minds of the people or harm the interest of the promoters, then you will be given up two opportunities to re-submit the new panel of company names against the fee paid in the first instance for name availability after the original application is filled.

2. Name allotment certificate: Just in two days, the name will be allotted for a company. If the name is not adopted within the given 60 days after it is allowed, you may apply for an extension for retention of such name for a further period of 30 days on payment of 50% of the fees prescribed for the application at the initial stage. The name allowed shall lapse after the expiry of sixty or ninety days, as the case may be, from the date it is allowed first. If you agree to the allotted name, the “name allotment certificate” will be issued to you. This is called pre-registration process.

3. Final Process: After this pre- registration process or the “name allotment certificate” is obtained from the ROC, you have to prepare the Memorandum of Association (MOA) and Articles of Association (AOA) for the proposed company. The format and description are almost similar to other countries of the world. MOA mainly covers the primary, auxiliary and other business activities of the proposed firm. Moreover, AOA gives the guidelines for the standard operations and conduct of the proposed company along with the certified share capital, first directors or founding directors, the names and addresses of first directors and so on.

CoinproBiz Solutions has been established to provide exclusive services in the field of Company Registration, Intellectual Property Rights, Trademarking, Copyright Registration and allied services, with the help of specialized and experienced professionals from varied backgrounds such as Company Secretaries, Chartered Accountants, Corporate Lawyers and Business Professionals. We are dedicated to provide the best recommendations and execution for leading, middle market and emerging growth companies to promote their business.

In today’s fiercely competitive marketplace, Intellectual Property Law ensures that your business’ artistic rights are registered with and granted by the appropriate government agencies to protect investment in names, symbols and other representations used to identify your products and services.

Indian Court Defends Photocopying of University Textbooks

The High Court of Delhi has made education easier for students by granting Delhi University the right to photocopy entire textbooks from major publishers, stating that copyright is not a “divine, or natural right.”

At the heart of this is the principle that libraries on campus already allow for slow and tedious photocopying of pages when a student is in need of a few lines for particular assignments or the week’s required reading. So why the process shouldn’t be made more convenient?

The Indian court upheld the decision to allow campus photocopy shops, along with the Delhi University library, to photocopy entire books. The Chief Justice held that this is permissible under Section of 52 of the Copyright Act. This was outlined in a 94-page document, the Times of India reports.

DU’s apparent disregard of copyright law angered Oxford University Press and Cambridge University Press (and probably delighted anyone who has ever had to buy textbooks). Along with international publishers Taylor & Francis, they launched a suit against a DU copy shop in 2012.

There was a total of five publishers involved, three from the UK, with the other two being their Indian branches.

But decision was firm in its principles: “Copyright, especially in literary works, is thus not an inevitable, divine, or natural right that confers on authors the absolute ownership of their creations. It is designed rather to stimulate activity and progress in the arts for the intellectual enrichment of the public.” The high court also argued that the copying is not being done for commercial purposes, only for imparting knowledge. The rationale for the court’s decision was outlined by the Chief Justice.

“In the times when I was studying law, the facility available of photocopying was limited, time consuming and costly. The students then used to take turns to sit in the library and copy by hand pages after pages of chapters in the books suggested for reading and subsequently either make carbon copies thereof or having the same photocopied.”

The court also believes the university is strained by a shortage of some texts, and large-scale copying is therefore necessary. There are simply too many students and too few books. This is coupled with the fear that the precious books can become damaged and photocopied numerous times regardless. Finally, facilities sometimes run out of stock. According to the court, this means students have to spend valuable time making notes at the library, “instead of sitting in the comforts of their respective homes” and making proper use of their time.

The publishers’ joint response to the verdict contained ominous undertones. “It is unfortunate that the court’s decision today could undermine the availability of original content for the benefit of students and teachers. We will be considering the full judgment when it is made available, and shall decide the next course of action after consultation with our legal teams,” The Hindu daily cites them as saying.

CoinproBiz Solutions, thus has been established to provide exclusive services in the field of Company Registration, Intellectual Property Rights, Trademarking, Copyright Registration and allied services, with the help of specialized and experienced professionals from varied backgrounds such as Company Secretaries, Chartered Accountants, Corporate Lawyers and Business Professionals. We are dedicated to provide the best recommendations and execution for leading, middle market and emerging growth companies to promote their business.

In today’s fiercely competitive marketplace, Intellectual Property Law ensures that your business’ artistic rights are registered with and granted by the appropriate government agencies to protect investment in names, symbols and other representations used to identify your products and services.

Difference Between LP and LLP

Both a limited partnership (LP) and a limited liability partnership (LLP) offer limited liability for certain partners. They are both distinguishable from a General Partnership (another kind of business entity) because of the ability to shield some partners from liability. The primary difference between the two is who gets limited liability and who does not. This article explores what sets an LP and an LLP apart.


An LP has one or more general partners and one or more limited partners. The general partners participate in management and have 100% liability for partnership obligations. Limited partners cannot participate in the management and have no liability for partnership obligations beyond their capital contributions, protecting them against personal liability for the partnership's debts and other obligations. They do, however, receive a share of the profits for their involvement as limited partners.

Limited Liability Partnerships (LLP) offer the same tax advantages as a general partnership but offer some protection for partners' personal assets by limiting their liability to that of their interest in the company only. All partners are allowed to manage the business like in a general partnership; however, a formal agreement is required for this business type. This construction goes on all partners from subjecting their personal assets to the business liabilities. For example, Jack and Jill are attorneys and set up a limited liability partnership to share in each others' success. Their firm is sued by a former client, but neither Jack nor Jill have personal assets at risk.

Formation of an LP/LLP

Each state has its own rules governing the formation of an LP or LLP. Most commonly, you need to file documents with the appropriate state authority and pay the associated filing fee. The filing documents usually require some basic information, such as the name and address of the business, its agent for service of process and the nature of the business. Many states also require an annual report with updated information to be filed with the state.

Benefits of an LP or LLP

There are pros and cons of starting a limited partnership or limited liability partnership. Some of the pros are, first and most importantly, limited liability for the limited partners in an LP. These partners can contribute the capital in a partnership without risking their personal assets. In an LLP, the liability is limited only for partners who did not participate in creating the problem or the debt.

Also, there is no double taxation in LP’s and LLP’s.  Double taxation happens in corporations because the corporation pays income taxes on its profits, and then uses the remaining profits to pay dividends to shareholders, who again pay their own individual income tax on it.  Thus, the same profit gets taxed twice.  However, with partnerships, the partners themselves are taxed on their personal income tax returns for their share of ownership in the partnership, which usually amounts to less taxation.

CoinproBiz Solutions, thus has been established to provide exclusive services in the field of Company Registration, Intellectual Property Rights, Trademarking, Copyright Registration and allied services, with the help of specialized and experienced professionals from varied backgrounds such as Company Secretaries, Chartered Accountants, Corporate Lawyers and Business Professionals. We are dedicated to provide the best recommendations and execution for leading, middle market and emerging growth companies to promote their business.

In today’s fiercely competitive marketplace, Intellectual Property Law ensures that your business’ artistic rights are registered with and granted by the appropriate government agencies to protect investment in names, symbols and other representations used to identify your products and services.

Have You Registered Your Trademark…It has got Many Advantages

A Trademark generally refers to a “brand” or “logo”. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.

Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an indication of origin of the goods as well as an indication of quality. It is also essential to obtain trademark registration for the business name/trade name under the TrademarksAct. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.

Below are the major Advantages of Trademark registration:

In regards to the trademark symbols being used like “TM” (trademark), “SM” (service mark) or “®”, they have different uses. The “TM” and “SM” can be used to claim the ownership of a product or service even without registration with the USPTO. The registration symbol “®” can only be used after the trademark is registered successfully to the USPTO.

Besides, trademark owner also has some other important advantages. Most importantly, it will help the owner protect their mark from being used by competitors, even when that is a similar mark to the mark registered. The USPTO also states that if there is any party trying to use the trademark, the owner can take legal actions against that party in federal court and claim charges depending on the situation.

Once a company has the trademark ownership, it will have the exclusive right to use it nationwide and for all the products that are listed in the registration. In addition, the mark will be listed in the USPTO’s online databases and if there is any similar mark to the registered mark for related products, the new registration will be refused. Mark Trademan also said in the Trademark Information Network’s video podcast that trademark can last forever as long as it is being used, products are still being manufactured and sold on the market.

CoinproBiz Solutions has been established to provide exclusive services in the field of CompanyRegistration, Intellectual Property Rights, Trademarking, Copyright Registration and allied services, with the help of specialized and experienced professionals from varied backgrounds such as Company Secretaries, Chartered Accountants, Corporate Lawyers and Business Professionals. We are dedicated to provide the best recommendations and execution for leading, middle market and emerging growth companies to promote their business.

In today’s fiercely competitive marketplace, Intellectual Property Law ensures that your business’ artistic rights are registered with and granted by the appropriate government agencies to protect investment in names, symbols and other representations used to identify your products and services.

LLP vs. Partnership Firm in India

Partnership firm is a type of business in which two or more individuals join together for jointly carrying the business. The Indian Partnership Act, 1932, Section 4, defined partnership as “the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all”.

The persons who maintain the partnership business are individually called ‘partners’ and collectively called as ‘partnership firm’. The name under which their partnership business is carried on called as ‘Firm Name’. In a simple way, the firm is nothing but an abbreviation for partners. The pool money, skills, and other resources, share profit and loss in accordance with terms of the partnership agreement.

Fundamental Characteristics of Partnership are according to Section 4, 

       §  There should be an agreement between the persons who wants to be partners.

       §  The purpose should be carrying on of business

§  The object should be of earning and sharing profits.

§  The business of the firm should be carried on by all of them or any of them acting for all, i.e.

   in the mutual agency.

Limited Liability Partnership entities, the world wide recognized form of business organization has been introduced in India by Limited Liability Partnership Act, 2008. It is a partnership in which partners have limited liability.

Features of LLP (Limited Liability Partnership) are:

1. As a corporate body separate from its members. It has a perpetual succession.

2. Every LLP shall have at least two partners and all the partners are the agents of LLP.

3. It is a form of business which is organized and operates on the basis of agreement.

4. It is easy to become or leave as a partner under LLP.

5. The ownership can easily be transferred under this.

6. As a juristic person, LLP can sue or be sued in its own name. The partners are not liable to be sued     for the debts of the LLP.

7. No exposure to personal assets of the partners except in the case of fraud.

8. Less requirement as to the maintenance of statutory records.

9. Less Government Intervention.

Should I Trademark my Logo??

Have you ever thought to trademark your logo??, the answer actually differs from Blogger to Blogger. But now-a-days the modern bloggers prefer to register their trademark as they are benefited from it. Earlier, Blogs were something informal, which was used to just have a personal communication or connection. But at present they have evolved into Business and Brands Particularly, they have become singleton worth trademarking.

Trademarking extends merely filing an application. Only attractive, strong, unique brands will receive trademark registrations. Therefore, a company must search high and low for any existing mark that can be considered confusingly similar to the authorities.

Even after the registration is done and you get the “name allotment certificate”; later one has to protect the logo so that other singleton does not infringe on their rights. For this, one must go through the steps to protect your trademark rights, which can sometimes include litigation.

There are many Bloggers who have got into many problems in the Trademark process. These bloggers had applied for, or own, federal trademark rights. But they’ve each encountered obstacles along the way. Bloggers thinking about registering their own trademarks will do well to learn from those who have come before them.

The biggest takeaway for bloggers is, to conduct extensive research before pursuing trademark rights. Better yet, research trademarks early in the process. It’s easier to pivot as a young blogger than it is as an established one.

 Thus, receiving federal trademark rights is only the beginning. To continue enjoying the rights and benefits of trademark ownership, you must take steps to protect your trademark. In some cases, there might be a necessity of filing a lawsuit. While unappealing to some, failing to take protective measures can diminish your rights as a trademark owner.

CoinproBiz Solutions has been established to provide exclusive services in the field of Company Registration, Intellectual Property Rights, Trademarking, Copyright Registration and allied services, with the help of specialized and experienced professionals from varied backgrounds such as Company Secretaries, Chartered Accountants, Corporate Lawyers and Business Professionals. We are dedicated to provide the best recommendations and execution for leading, middle market and emerging growth companies to promote their business.

In today’s fiercely competitive marketplace, Intellectual Property Law ensures that your business’ artistic rights are registered with and granted by the appropriate government agencies to protect investment in names, symbols and other representations used to identify your products and services.

Know how to register your “Start-Ups” in India

On January 16, 2016, the Prime Minister of India, Shri Narendra Modi announced a new initiative called “Start-UpIndia” initiative, fostering the promotion of entrepreneurship by creating a system that is conducive for start-ups.

This initiative will provide budding entrepreneurs and experienced businessmen an easier access to funding and incubators by offering them an easy-to-use platform that can be downloaded on to any smartphone device.

However, if you are an Indian citizen, then you allowed to register about six to seven types of business entities in India, specifically, Private Limited Company (limited by shares), Public Limited Company (limited by shares), Public Company (with unlimited liabilities), Company limited by guarantee, Partnership firm, Sole Proprietorship firm and co-operatives as producer company. Non-Indians (foreigners) are allowed to register on a Private limited company (with 100% equities), Private limited company (a joint venture with Indians) and Public limited company (with a minimum of one shareholder and director of Indian citizen). You have to decide which business entity fulfills business expectations. The private limited company is preferred by almost all foreigners (individuals or entrepreneurs), because it has minimal agreement constraints, and it is one of the best choices if you do not have any intentions to raise public funds.

ROC staff will look for the the proposed names for availability or any resemblance with other company names in India. If they find it difficult to approve names that might create confusion in the minds of the public and harm the interest of the promoters, then you will be given up to two opportunities for re-submit the new panel of company names against the fee paid in the first instance for name availability after the original application is filled. Just in two days the name will be allotted for a company. If the name is not adopted within the given 60 days after it is allowed, you may apply for an extension for retention of such name for further period of 30 days on payment of 50% of the fees prescribed for the application at the initial stage. The name allowed shall lapse after the expiry of sixty or ninety days, as the case may be, from the date it is allowed first. If you agree to the allotted name, the “name allotment certificate” will be issued to you. This is called pre-registration process.

Further, after the pre- registration process or the “name allotment certificate” is obtained from the ROC, you have to prepare the Memorandum of Association (MOA) and Articles of Association (AOA) for the proposed company. The format and description are almost similar to other countries of the world. MOA mainly covers the primary, auxiliary and other business activities of the proposed firm. Moreover, AOA gives the guidelines for the standard operations and conduct of the proposed company along with the certified share capital, first directors or founding directors, the names and addresses of first directors and so on.

CoinproBiz Solutions has been established to provide exclusive services in the field of Company Registration, Intellectual Property Rights, Trademarking, CopyrightRegistration and allied services, with the help of specialized and experienced professionals from varied backgrounds such as Company Secretaries, Chartered Accountants, Corporate Lawyers and Business Professionals. We are dedicated to provide the best recommendations and execution for leading, middle market and emerging growth companies to promote their business.

In today’s fiercely competitive marketplace, Intellectual Property Law ensures that your business’ artistic rights are registered with and granted by the appropriate government agencies to protect investment in names, symbols and other representations used to identify your products and services.