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05
May
17
Important facts of Copyright

Copyright registration

Copyright is an intellectual property. It recognizes the exclusive rights of the creator over an original work. Objective of Copyright is to protect the territorial rights. Copyright is mainly for the artistic work like Music, manuscript, fashion, designs, film and portrait. It is also for objects like books, software, brochures etc.

Copyright is basically reservation of moment you create your original work. Copyright registration is an added advantage. Copyright also protects the unnecessary disputes and are considered as “admissible evidence” in the court of law. Copyright has a lifetime right.

Need of Copyright Registrar

Copyright registrar is the head of a Copyright office. It serves as an office of record. Copyright Minister is controlled by the Ministry of Human Resource Development, Government of India. He/She is also in charge of implementation of Copyright Act. It is also the place where claims to copyright are registered and documents related to copyright are recorded. It furnishes information about the provisions of the copyright law and the procedures for making registration.

Copyright protection

Copyright protection is a form of monopoly that arises automatically at the moment author fixes the work in a tangible form. The object with copyright reserve an exclusive right. Copyright protection insurance policy can also avail by registering your work with the registrar of the copyright. It is conferred on all Original literary, dramatic, musical cinematography and sound recording works. Copyright Protection creates a public record of the work and you can then sue anyone for copyright infringement.

Copyright Infringement

Copyright Infringement is a term used for copyright protected work without permission. Copyright laws provide us a safeguard against theft of our creative works. In the case of new age of copyright, a new work is a derivative of some copyright work. There are mainly two types of assumption of infringement can be classified as primary infringement and secondary infringement.

Mainly primary infringement means that the original piece of work has been copied and the secondary infringement means that the original piece of work has either been pirated (books, etc.) or has been imported. In case of internet when someone swipes your picture/song/video from the internet and uses it for their own purposes, it is a copyright infringement.  

Copyright to Book

Books can also be copyrighted as soon as author pen down the book. It is imperative to copyright a book with bookstores mushrooming all over the place and online stores taking over the market. It prevents the stores, both online and physical, from buying a copy and publishing it copies.

Copyright for Sound recording and Film

Audio track and video can be copyrighted mainly it is recommended that you get an NOC from all the people involved in its making. Copyright also protects you from any objections thereafter. There are rules and regulations defined for the copyright on sound recording and cinematography copyright registration.

21
Apr
17
Patent Specification Drafting in India

Patent is a form intellectual property. It provides exclusively to a particular product. Patent specification is an important step in a filing of a patent. It is a form of property that defines the fate of an invention.

Patent needs to be drafted for the success of the invention. It plays an important in management, prosecution, and maintenance. It is one of the most important and also one of the most difficult process. There are following sections in typical specification.

Title of Invention should clearly identifiable the main art of the invention. Patent should be meaningful, precise, and should be normally within 15 words. Title of an invention can be used for more than one invention.

Field of an invention should clearly describe the scope of the invention and also the subject matter of the invention. Invention should conceptually clear and crisp enough so which the Examiner of patent easily.

Background of Invention & Prior Art are the sections that describe the state of the art in the technical area to which the patent relates. It also identifies problems to be solved or disadvantages accompanying the prior art solutions. Background of the invention is the thing which should describe what others have done in the field. There are certain things which should mention the status of the closest technology, experiments, patents, and patent applications in this section.

Object of Invention should clearly reflect the advantages of the invention. Object of an invention should describe the solution of the existing technical problem associated with the existing field of art. Object should properly mention the benefits of the invention. Each and everything should be described in a separate sentence. It is a portion that comparative analysis of the inventive technology over the existing one.

Statement of the invention describes the exact novel features of the invention. It should clearly reflect the inventive feature of the invention over the existing one. It is a very useful invention exactly related to the independent claims and to complement the omnibus claim in situations of infringement proceedings.

Summary of Invention describes a broad overview of the invention. It provides a structure for understanding the Detailed Description and Claim sections of the specification. This also describes the invention overall, e.g., the purpose of the invention, problems solved, advantages offered, and so forth.

Brief Description of the accompanying drawings description of the invention that explains how to make and use it. It should point the reference numerals used in the drawings and should be specific. The details should be enough for a person skilled in the art to understand and perform the invention

Patent Claim(s) Drafting are regarded as the essence of a patent. It defines the invention which the inventor holds as his exclusive property and has the right to exclude others from making, using, and selling. The claims specify the scope of ownership in a piece of property, i.e. Intellectual Property. These claims are of paramount importance in both patent prosecution in the Patent Office and patent litigation in the courts.

Abstract of patent should be drafted in such a manner to make it reflect the technical field of the invention with the existing technical problems and the solution to overcome such problems. Patent should be briefly drafted and within the limit of 150 words. The main objective of abstract should be to provide the better information to third parties.

04
Apr
17
Foreign Companies Registration in India

India is one of the fastest growing nations in the world. India is the country with a lot of opportunities for not only Indians but also a foreign citizen. Make in India is an initiative taken by Prime Minister Shri Narendra Modi.  Due to globalization and privatization, the efforts of have turned into reality. ‘Make in India’ is the step for investors to invest their money in India.

Foreign Company

Foreign Company is any company or Corporate Body formed outside India. There certain rules and guidelines have to be followed as laid down by The Companies Act, 2013, RBI guidelines etc. Foreign Company can Start the business in India.

Company has a place of Business in India whether by itself or through an agent. It can be physically or in electronic mode. Any business activity in India in any other manner

Following are the forms in which a foreign company can enter the market of India or set up business operations in India

In case of an Indian company

  • Wholly Owned Subsidiary
  • Joint Venture

In case of a Foreign Company

  • Branch Office of the foreign company
  • Representative Office or a Project Office or
  • Setting up a Liaison Office
  • Being an Indian company Way Foreign Company Registration in India

What is a Wholly owned subsidiary Company?

Wholly owned subsidiary Company is form of company in which a foreign company invests 100% FDI in Indian company through automatic route.

For  ABC of UK owns 100% shares in CD Ltd of India then CD Ltd becomes subsidiary company of ABC

It can also be called as an entity whose whole share capital is in the hand of a foreign corporate body. Companies can be Private limited Company by guarantee or shares or an Unlimited Liability Company.

Documents required

Office’s Address proof and in case of accommodation is rented then latest electricity bill.

 Indian citizen

  • PAN card is mandatory
  • Address proof (DL, Aadhar, Passport, Voter id)
  • Photograph

Foreign national

  • Passport is mandatory
  • Address Proof (Passport)
  • Photograph
  • ID Proof (Government license or Document containing Name in full, Photo and Date of birth)
  • Documents submitted must be certified by the Indian Consular or consulate.

Need and Procedure of registration

  • Minimum 2 shareholders or directors.
  • All directors have to obtain DIN (Director’s Identification No.) and DSC( Digital signature certificate).
  • Name of the company has to be filed In Form INC-1 application.
  • Draft your MOA and AOA and then a subscription to MOA has to be done by shareholder and appropriate persons.
  • ROC approves ie. Application for Incorporation of Company)
  • Form DIR-12 -Particulars regarding appointment of directors, the key managerial personnel and any changes in them
  • ROC online fees and stamp duty has to be paid as per the authorized capital of the company.
  • ROC verifies all the documents and also Form INC-22 and DIR-12 are approved and INC-7 is verified.
  • After the satisfaction of registrar certificate of incorporation can be issued.
  • Obtain PAN card and open company’s bank account.
  • After the subscription of share, capital documents have to be submitted for FDI compliance.

What is a Joint Venture?

Joint Venture is an arrangement where two or more parties cooperate to achieve a commercial object or run a business. There are various forms like Company, Limited Liability Partnership, Partnership firm etc. This can be on long term basis like running for perpetuity or for a limited time based on the object. It is a very flexible concept.

 NRI or foreign partner involved in a joint venture it requires government approval ie. either from RBI or FIPB.

The entity has to select a local partner with whom you want to enter into joint venture then a Memorandum of Understanding or a Letter of Intent is to be signed which will state the basis for the joint venture agreement. All the terms should be discussed thoroughly and negotiated and must be consistent with regional as well as international law. It should address the important matters like Dispute resolution agreements, law Applicable, holding shares, Transfer of shares, Board of Directors Non-Compete, Confidentiality etc.

Foreign Company Registration as a Foreign Company in India

  • Setting up a Liaison Office or Representative Office in India has the criteria prescribed by RBI.
  • There should be profit making record in the immediate preceding 3 financial years in the home country and their net value should not be less than USD 50,000
  • Letter can be submitted by a subsidiary of other company which does not satisfy the above condition can submit a letter of comfort from their parent company.
  • RBI approval is required under FEMA 1999 as well as approval from the IRDA Insurance Regulatory and Development Authority).
  • Company should be engaged in activities like manufacturing or trading.
  • Company should have a profit in the immediately preceding five financial years and should have a net worth of not less than USD 100,000 in its home country.
  • The subsidiary company of other if does not fulfil the above condition then they can submit a Letter of Comfort from their parent company if parent company fulfils the above condition

Following are the activities

  • Import & Export of goods.
  • Carrying out research work in area which its parent company is engaged
  • Providing professional or consultancy services.
  • Foreign Airline/ Shipping Company.
  • The representing parent company in India and acting as buying/selling agent in India.
  • Promoting technical/financial collaborations on behalf of the parent
  • Providing IT services and developing software in India.
  • Providing technical support for products supplied by the parent
29
Mar
17
Difference between Trademark and Design Registration

Trademark is a word, sign, logo or an expression which identifies a particular brand. Trademark is an intellectual property. It is a unique signature adopted by company or business to adopt. Trademark provides an exclusive right to the owner of the brand.

Trademark registration protects word or words, logo, symbol, utilized in commerce to distinguish in one source of goods and services of another. It does not need to be innovative. But it should be new. Trademark protection is for 10 years and It can be renewed by paying an additional fee.

Design is a diagrammatic representation. It is mainly designed by professional, engineers, Software Programmer etc. Designs are patented for infringement.   

Following features should be present in a particular design

  • New or original
  • Not published
  • Significantly distinguishable from known designs or combinations of known designs
  • Devoid of a scandalous or obscene matter.

Design registration protects the innovative of an article of design of an article of manufacture. It protects the physical appearance of the product. This is mainly with the product you are planning to sell to the public. Design protection is also for a 10-year period and can be extended by five years. After it, the design becomes public property and can be used by anyone.  

Registration of design is under the design act. No prescribed procedure has been made relevant to the design registration. There are certain acts formed regarding the intellectual property such as Patent act, Trademark Act, Design Act which does not entertain any opposition regarding the registration process.

Unregistered vs Registered trademark

Statutory rights are provided to the registered trademark according to the trademark act. Unregistered trademark is also not denied under legal recourse and representation.

Statutory rights are also provided in the case Design act. This rights might not be the same rights as that of more powerful trademark act. There can be remedial action in case of wrong commitment. In that case, the plaintiff have to provide the registered design was made use by him as a trade which with the purchasing public has created an association with goods and services and resultant goodwill.      

According to The Trade Marks Act, 1999 “trademark” means a mark capable of being represented graphically and is capable of distinguishing the goods or services of one person from another person. This may include shapes of goods, their packaging, and combination of colours. Registered Trademark’s purpose is to indicate a connection in the course of trade between the goods or services and some people having the right as proprietor to use the mark.

According to The Designs Act, 2000 “Design” means only the features of shape, configuration, ornament, pattern or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye.

24
Mar
17
Importance of Annual Filing

Company is a legal entity made up of association of people carrying on a commercial or industrial enterprise. Opening up and running a company is not everyone’s cup of tea .Several things needs to be kept mind while and after setting up a company. People need to obtain many documents, permits and go through several registrations. Company formation requires several taxes and other filings.

It is most important to keep a record of all these events with all the certificates and acknowledgments slips are to be kept carefully. It acts as solid evidence and helps you to file certain documents. This procedure is one of the most difficult tasks. All these documentations are carried out under The Companies Act,2013. This is the act required the same act, you are required to go through company annual filing.

Annual filing includes the filing of certain documents with the Registrar of Companies. Documents included are balance sheet, profit and loss account, annual return and compliance certificate. These documents are filed by filing some forms which can be filed online also. It ensures that you are keeping records of all the important happenings of your company properly. It helps you to run your company smoothly and point out any possible loopholes or mistakes. Detailed guidelines of annual filing are available on the MCA web portal.

Procedure for annual return filing

  • Prepare a financial statement of Company.
  • Appoint and Auditor for Company.
  • Conduct annual general meeting of the company
  • File annual with MCA

Company Annual Filing Importance

Company will face problems if a company does not annually file. Annual Return provides a detailed insight into the health and profitability of a company. It is a way to keep the workings of the company transparent.

  • One of the factors used to decide whether the company will receive additional or any funding at all.
  • Annual filing helps to decide the market price of the shares of the company in case of listed or on a stock exchange.
  • In case the company is going in a loss it helps to figure out what the next best action should be and the direction the company.

Guidelines of annual filing are available on the web portal of MCA

DIN(Director Identification Number) and DSC (Digital Signature Certificate) are required to complete the company annual filing. Annual filing can create some serious issues for you. It ranges from a fine to a victim of a bad image which will ultimately cost you, your investors and customers. This is very important to file all the documents on time and in order. Guidelines should be read properly. Legal advice is very much suggested. You need to verify all the documents and then only can you expect a successful annual filing.

For more information about Annual Compliance filing visit Registrationwala.com

23
Mar
17
Legal Requirements for Company Registration

Company incorporation is ideal process for every Business firm. It is a big, original and creative idea to form a company in reality. Company incorporation mainly follows Companies Act, 2013. Companies Act is a particular procedure to incorporate your company legally. There is a particular procedure given in the Companies Act, 2013 to incorporate a company. Business can be started or you can set your own company but it is not recognized legally as long as it is not registered. There are a certain series of legal services you will require while filing forms, producing documents, consulting and taking advice, registering all the documents etc.

Here are some legal services or consultation

  • Selection of the type of Business

There are many forms of Businesses such as Private limited Company, One person Company, Partnership firm, Limited liability partnership etc. Legal advice is required to avoid any kind of mistake. This will provide you with a clear picture of how all type of companies work.

  • Selection and Approval of a Company Name.

Selection and Approval is a process that requires certain things to be kept in mind while selecting a name of a company. There are certain legal procedures other than the need of the name being unique and easy to remember there are certain other legal procedures you need to keep in mind for e.g. In case of a private company also adding that the Private Limited Company was formed by conversion from a One Person Company. This may require legal assistance in searching a suitable name for your company and getting it approved.

  • Drafting a Memorandum and Article of Association.

Drafting of MOA and AOA follows a particular pattern. These have certain guidelines which include a certain type of information all related to your company. These are basically to avoid any kind of objections which may lead to rejection of your application. In case to create a MOA or AOA that suits your company’s specific needs, you might have to consider or seek legal advice. This will help you to draft a memorandum in the proper format as prescribed and required.

Decision on Forms of Company

  • Unlimited
  • Limited by Guarantee
  • Limited by Shares

Decision of the Types of the Company

Requirements of the Company Incorporation

  • Apply for DSC (Digital Signature Certificate) for directors of the company.
  • Apply for DIN (Director Identification Number)
  • Declaration of Share Capital of the company in case of a company limited by shares.
  • Filing of forms like SPICe form INC-32

It is very important and should be done very carefully. This also includes an application for name approval, DIN, application for registration of your company and TAN and PAN application.

Proper documents should be attached, In order to avoid any confusion and legal advice is generally taken.

  • Arrangement and production of different documents including identification and address proofs and also include the documents related to the registered office.
  • Drafting a business plan or budget plan
23
Mar
17
Maintenance of Minutes of a Company

Minutes is record of meeting or any official hearing in a Company . It is also called as protocols. These are mainly the written record of any official and influential gathering of a Company. Drafting and maintenance of minutes have traditionally been for a long time for Company secretary and have to Signed the Minutes it is a responsibility of Board .Minutes keeps a brief account of all the happenings and attendees of the gathering and are essentially required in certain legal registrations and procedures.

Minutes keeping is the responsibility of the Company Secretary. Companies even hire typists to maintain these minutes as they are obviously very essential. Books of minutes are maintained to keep a record of all minutes such as meetings like Board meetings, influential events and other types of events.  Minutes are maintained by Chairman are reviewed by concerning authority.

Minutes maintained by under following guidelines as mentioned in The Companies Act. Detailed Points are mentioned in that how you can manage the minutes of your Company.

  • Books of account should be recorded and maintained. A separate book should be maintained for Board meetings and related Committees.
  • Minutes should be maintained in either physical or in electronic form
  • Minutes can be maintained in loose-leaf form and should be bounded regularly.
  • In Minute’s recording should be done systematically. Mentioning of the general content is done first and then the specific content is mentioned.
  • Minutes should be recorded according to the proceedings of the meeting and It should be cent percent accurate. These are written in past tense and in third person form. However, resolutions are recorded in present tense.
  • After the proper recording, minutes are circulated amongst all the directors within the of 15 days. Directors are allowed to make comments. These comments are then recorded in the minute’s book in the span of seven days from the circulation.
  • These are signed by the Chairman of the specific or the next meeting along with the date and the place. If minutes are recorded electronically then it requires digital signing.
  • Minutes can be inspected by any Director, Auditor or Company Secretary of the Company is allowed.

Negligence of minutes can lead to a penalty. In case a company has not appointed a company secretary. In that case, the duty can be passed on to any Company authorized figure. The minutes are kept at the registered office. In minutes special alteration is permissible but only after the review of the Chairman. Minutes is helpful while filing certain registrations but they help maintain a detailed description of every important meeting and events occurring in the Company.

Regiistratonwala helps you to Maintain Minutes of your Company 

22
Mar
17
Nidhi Company can give loans

Nidhi Company has been taken from the Hindi word ‘Nidhi’ means treasure. Nidhi company follow Companies Act, 2013.These companies are mainly formed for savings. Nidhi companies are also called the mutual benefit society.

Nidhi Company creates the habit of thrift and savings amongst its members. Members can receive deposits and they can lend as well for their mutual benefit.These companies are considered as the secured means of investment. In Nidhi company loans can be can be approved and deposits can be accepted between its members.

Provisions of Loan in Nidhi Company

  • There are provisions for loans in the Ordinary Course of Business but the amount of interest on such loan shall be at least the rate of interest prescribed by RBI.
  • In some cases, the guarantee is given by company against the loan taken by its Subsidiary Company from the bank or financial institutions.
  • Approval of certain ministry should be taken Ministry or department of Central Government and/or State Government prior to giving of any loan or guarantee or security.

Loans can be provided to its members.

There are certain limits on which can be provided

  • Two lakh rupees, where the total amount of deposits of such Nidhi from its members is less than Two Crore rupees.
  • Loans can be provided to its members on the basis of some security.
  • Gold, silver and other types of jewellery. There should be the repayment period of one year which should not exceed one year.
  • The Total loan against the immovable property shall not exceed fifty per on the overall date of approval by the board. The repayment period should not exceed 7 years.
  • Receipt of Fixed deposits, National Savings Certificates, other Government Securities and insurance policies.
  • The maturity date of such securities shall not fall beyond the loan period or one year.
  • In the point of provisions of loan in Nidhi Company you use the definition of loan to directors which is not right.

Sometimes loan against fixed deposits, the period of loan shall not exceed the unexpired period of the fixed deposits.

 

21
Mar
17
Role of Promoters in Company Formation or incorporation

Promoter is a person, company, or a firm to bring a company into existence. It can be the person who can act with reference to the formation of a company or in aid of its organization. Promoter conceives an idea for setting-up a particular business at a given place and performs various formalities and functions which are required for starting a company.

Promoter is actually a term associated with the person who starts a business. It has various privileges and benefits associated with his status as the person who kick-started the operations. It logically means the person who started the company.

Characteristics of the Promoter

  • Promoter conceives an idea for the setting-up a business.
  • Promoter makes preliminary investigations and ensures about the future prospects of the business.
  • In promotion, various people are brought together who agree to associate with him and share the business responsibilities.

Promoter has not been defined in any company law. But, it finds mention in a number of statutes  

  • Any person who is in control of the target company
  • Any person named as promoter in any offer document of the target company
  • Any shareholding pattern filed by the target company with the stock exchanges pursuant to the listing agreement

There are certain kinds of Promoters. Following are the types:

Professional Promoters: There are specialized people for a promotion of a company. Companies are handed to shareholder in starting. In many countries, promoters have important roles to play and help the business community.  India lacks in professional promoters.   

Occasional promoters take interest in floating some companies. They are not only for promotional work but they are on a regular basis ie. take up some early promotion and then go for an earlier profession.  

Financial promoters may take up the promotion of a company. They generally when financial environment is favourable at that time.

Managing agents as promoters-Duties of a managing agent are to promote new company. People may float new companies and get their managing agents.

 Duties of a Promoter:

  • Promoter should not make secret profits out of the dealings of the company.
  • Promoter must deposit with the company all money received on its behalf.
  • Promoter exercise due diligence and care while performing the work of a promoter.
  • Promoter will be personally responsible for all the preliminary contracts till all these are approved by the company.
  • Promote compensate any person who made investments in the company on the basis of untrue statements made by the promoter.

Formation of a Company involves the following stages

  • Promotion
  • Incorporation
  • Capital Subscription Stage
  • Commencement of Business

Stages of promotion

Identification of Business Opportunity is the first stage in promotion of a business.  It visualizes the opportunities for a particular type of business and it can be run profitability. The idea may be to exploit a new area of natural resources or a venture in the existing line of business. Promoters develops the ideas with the help of technical experts of that field

Detailed Investigation is the second stage. There are various factors relating to the business are studied from a practical point of view. The demand for the product is estimated and the likely business share is determined. After determining the prospective demand, the promoter thinks of arranging finances, labor, raw materials, power, etc. The cost structure of the product is analyzed to find out profitability from the venture. An expert opinion is sought upon the viability of the project.

Signatories to Memorandum are names of People to be the signatories to the memorandum of association. Usually, the first signatories to the memorandum become the first directors of the company. The written consent of the persons to act as directors is taken and they are asked to take qualifying shares of the company.

Appointment of Professionals is a stage of raising funds and deciding about various contracts. Promoter appoints the brokers and underwriters to ensure the availability of capital by sale of company’s securities. They also appoint solicitors to deal with legal matters of the company.

 Preparing necessary Documents is a step to prepare legal documents of the company which have to be submitted to the Registrar of Companies at the time of incorporation. The documents which are required to be prepared include MOA, AOA, Prospectus, etc.

For more about company incorporation visit Registrationwala.com

20
Mar
17
Memorandum of Association of Private Limited Company

Memorandum of Association (MOA) is the company’s sanction that sets down constitution of the company containing certain fundamental matters. MOA is a basic document that oversees the relationship between the company and the outside. Memorandum of association is mandatory for every company. It is the charter of the company which defines powers and limits of the company. It characterizes the objects of your organization or company.

Memorandum of Association is basically an archive that diagrams the degree inside which your business can work. MOA’s purpose is to display the permitted range or action of the company and it characterizes the parameters of your company. It is a supreme document of the company. It is one of the records required to join a company in India and states the accompanying

  • The company’s name
  • Its capital clause
  • The object clause
  • The clause of Association.
  • The circumstance of its enlisted office
  • The facts related to limited liability

Contents of memorandum of association

Name Clause: Name of the Company must be stated with the last word ‘Limited’ in case of Public limited company and ‘Private Limited’ in case of Private limited Company. There are provisions in the Company’s act which states certain rules regarding undesirable name.  

Situation Clause: MOA must mention the state in which the registered office of the company will be located. Domicile should be stated for the determination of jurisdiction of court and registrar.

Object Clause: In object clause only one activity can be included in the main object of MOA and relating to that activity any activity can be carried out

Liability clause: Company must state the member’s liabilities whether limited or unlimited. Member of the company are affected by this clause. Company does not have authority to increase the liability without the written consent.

Capital Clause : Memorandum of Association of the company having shared capital is required to show the shared capital amount.

Association and Subscription Clause: It provides each subscriber to take at least one share in the company is required to state the number of shares. Every subscriber is required to take at least one share in the company and it should be mentioned in front of his/her name in the subscription clause.

20
Mar
17
Trademark Rules 2017, Trademark fee

On 6th march, 2017 Government of India has replaced Trademark Rules 2002 with an Introduction of Trademark Rules, 2017.New Rules that has simplified trademark filing process. There has been an increase in Trademark fee for corporate entities.

Application fee of new trademark registration has been increased or certification mark, collective mark or series of marks for goods and services has been increased to Rs. 9000 in the case of e-filing and Rs.10000 in case physical filing.

The reduced fee of Rs.4500 for e-filing and Rs.5000 for physical filing as prescribed fee in case of individual start-up and small enterprises

Small enterprise in Trademark Rules 2017

Mostly enterprises engaged in manufacture or production of goods. Investment where the plant and machinery are not specified for a medium enterprise.

There are some enterprises which are engaged in providing or rendering services, it is also an investment in equipment is not more than the limit specified for the medium enterprise under a certain clause of trademark Rule 2017.

Start-up as per Trademark Rule, 2017    

Start-up is recognized as a competitive entity or authority under Start-up India Initiative. In a case of a foreign entity which fulfils the criteria for turnover and period of incorporation/registration as per start-up India initiative and submitting the declaration to that effect. 

Expedited process for Trademark Registration

There has been the introduction of an expedition under Rule 34 by the Government. In that case, only e-filing expedited trademark processing is allowed. The Government fee for trademark processing is Rs.20000 for individuals, start-ups and small enterprises. In the case of all other entities, the fee for expedited trademark processing is Rs.40000.

Trademark fee for Opposition and Rectification

Fee of notice of opposition under Section 21(1),64,66 or 73 or application for rectification of register under section 47 to 57, 68,77 or application under rule 99,103, 140 the fee is application is Rs. 2700  for e-filing and Rs 3000 that is also for physical filing.

Trademark fee for Renewal

Trademark fee for renewal of an existing trademark registration is Rs.9000 for e-filing and Rs. 10000 in a case of physical filing.

Trademark fee for Restoration and Renewal

The application for renewal and restoration must file under section 25(3),25(4) for each class. In case such of application trademark, renewal and restoration would be Rs.18000 for e-filing and Rs.20000 in case of physical filing.

Trademark fee for Search Certificate

Trademark fee for issue of Search Certificate is Rs.9000 for e-filing and Rs.10000 in case of physical filing. The expedited issue of search certificate would Rs.30000 for e-filing.

15
Mar
17
How to get Import Export Code Sole proprietorship

Sole proprietorship is the easiest form of firm to create. Sole proprietorship can be formed by anyone and get an IEC code in India. It is a type of Business that has a single owner who pays income tax on the profit earned on Business. Sole proprietorship is a popular business form due to its simplicity, ease of setup, and nominal cost and has no separate identity under the law.   

Import is an international as well as domestic form of business in which exchange of goods and services across the international borders takes place. It is a one the most rapid of Business in International trade. This Trade exists because one group or a country has a supply of some commodity or merchandise that is in demand by another.

Import Export Code (IEC) is a unique code issued by Director General of Foreign Trade, Ministry of Commerce. It is compulsory because without this you will not be entitled to Import and Export Business. It is required for the limited services where it requires specific service or technology.

Process of getting the IEC code in India

Registration of your Proprietorship is a good practice since it is an unregistered form of business, but it has to be registered by seeking the local license. If you are dealing in products i.e. selling goods, then you need registration under VAT. If you are a service provider then you need to be registration under Service tax.

Open a Current Account after getting the proprietorship registration. A Current account can be opened with any bank in India. It is important because cancelled cheque is the mandatory requirement in getting the IEC.

Collection of Mandatory Documents is necessary before you going forward with the IEC application, make sure you have the required documents:

  • Copy of PAN card
  • Copy of ID proof
  • Passport size photograph
  • Copy of cancelled cheque

Apply for Digital Signatures after collecting the mandatory documents. Apply for digital signatures certificates. Since the IEC code is completely online, one must secure a digital signature to sign and submit the online Import Export Code (IEC) application.

Apply for IEC Code after collecting all the requisite documents and digital signatures. Apply for IEC code in India. An application should be filed with due care to avoid any chance of being rejected.

Registrationwala
Registrationwala.com is leading company registration consultant in India having strong client base of 10000+.

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   Monetic Corp Consultants Private Limited
    169, THIRD FLOOR, KAPIL VIHAR
   PITAMPURA, DELHI-110034
  +91-8882-580-580
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