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.