Trademark is a distinctive sign or symbol used by businesses to distinguish their products and/or services from other similar products/services belonging to the similar or different industry.
Is it mandatory to do trademark registration in India?
No, it is not mandatory. But, is advisable to get trademarked.
What are the benefits of getting a trademark registered?
1. Guards the goodwill of your products and/services
2. Protects your customers from getting deceived of similar second quality products.
How are trademarks designated in India?
Trademarks in India are designated as:
• The symbol ® is used to represent registered trademarks
• The symbol ™ is used to represent unregistered trademarks
Can foreign proprietors apply for trademark registration in India?
Yes, foreign proprietors can apply for trademark registration in India. The Indian trademarks recognize trans-border reputation and thus provide protection for foreign brands.
Can I know if the mark has already been registered in India?
Yes, you can. The trademark search in India helps you in finding if the mark has already been registered in India or not.
Is multi-class trademark application possible in India?
Yes, the Indian trademark law allows in filing multi-class trademarks.
How long does it take to register a trademark in India?
It could take about 12 months for the trademark to get registered in India.
What is the term of trademark registration in India?
A trademark registration is valid for 10 years and can be later renewed every 10 years.
What is a trademark class?
While applying for trademark registration in India, you need to mention a trademark class/classes to which your goods/services belongs to.
When can I use the ™ symbol?
Upon filing an application for trademark registration in India, you will be given an acknowledgment. This acknowledgment gives you the right to use ™ symbol. Once your mark is registered, you can switch to the ® symbol.
Can I apply for trademark registration online?
Yes, online trademark registration is possible.
Is the GST exemption limits the same for all states in India?
Businesses with turnover over 20 lakhs must go ahead with the GST registration process except the businesses belonging to the northeast region. For businesses in Arunachal Pradesh, Meghalaya, Mizoram, Tripura, Assam, Manipur and Nagaland businesses with a turnover of more than 10 lakhs must get GST registered.
What is the need to run a TM public search?
Running a trademark search India will help you check if the mark you wish to register has already been taken or not. By doing so, you can refrain from infringing their property rights.
What is the Madrid Protocol?
A Madrid protocol allows the trademark owner to get trademark registration in any of the countries that have joined this international treaty by filing a single application named international application. This international registration can be used as a means to seek trademark protection in its member countries.
List the benefits of the Madrid Protocol
a) Seamless filing
b) Flexible
c) Easy to maintain
d) Economical
Can a trademark application registered under Madrid Protocol be designated to other countries?
Countries that are signatories to the Madrid Protocol can be designated with the trademark application. Non-signatory countries cannot be designated.
How many countries are a signatory in the Madrid protocol?
Madrid Protocol has 91 signatories including India.
Who all can file an application through Madrid Protocol?
A person or legal entity who, possesses a commercial establishment in, or is a national or domicile of, a country that is signatory to the Madrid Protocol.
How to check the status of international application or request change concerning international registration?
Madrid Monitor is the tool used to check the status of international trademark registration. The information is published by WIPO which is updated daily and free of charge.
Is PAN mandatory for GST registration?
Yes, PAN is mandatory to obtain GST registration. At the same time, it is not mandatory for foreigners and foreign companies. Non-resident taxable individuals will be provided with GSTIN number with a fixed expiry date (based on the documents submitted as proof).
What is the validity for GST registration?
GST registration valid until it is suspended, canceled or surrendered. It does not have an expiry date as such.
From which state should I get GST registration?
GST registration must be obtained from all corresponding states where the business intends to supply its goods and services.
Can a person without GST registration claim ITC and collect tax from his customers?
NO, vendors without GST registrations is neither eligible to collect GST from his customers nor can claim any input tax credit of GST that he pays.
What is the Limited Liability Partnership (LLP)?
A Limited Liability Partnership is a hybrid of company and partnership form of business into a single organization.
What are the steps to incorporate LLP?
The first step is to reserve the name of the Limited Liability Partnership (LLP) by ascertaining the availability followed by reservation of the name
Once the name is reserved, you need to file the e-Form 2 to incorporate the new Limited Liability Partnership
What is One Person Company?
One person company structure comes with the advantages of sole proprietorship and corporate status. One person company has only one individual as the Director, member and a nominee.
How to register a One Person Company?
A One Person Company can be registered as a Private Limited Company with all the legal terms and conditions laid by the Ministry of Corporate Affairs.
How many Directors can a One Person Company have?
A One Person Company can have a minimum of one Director to a maximum of 15 Directors.
Can a One Person Company be converted to Private Limited Company?
Yes, it can be converted, provided the One Person Company exceeds the threshold limit.
Under Indian law, what is a Private Limited Company?
A company with a minimum of two members and a maximum of two hundred members can come under Private Limited Company. The liabilities of the members are limited when it comes to Private Limited Company.
Under Indian law, what is a Public Limited Company?
A minimum of 7 members is required to form a Public Limited Company. Public Limited Companies can freely commerce their securities and even issue prospects to raise funds.
