Please enter at least one email addressYou are trying to send out more invites than you have remaining. Registration trademark under the Act of 1999 in India protects the brand name, logo, design or any other attribute which an organisation wants to get protected from any misuse.
Trademark registration of a name and logo can be undertaken by any individual, single firm, partnership firm or a company.
Trademark registration process is conducted by firstly understanding the 'class' or the segment in which the business is done. The next step in getting a trademark registered is to find whether a similar name is already registered or not. The database of existing registered users is searched not only for similar matching names but also checks 2 other important aspects, namely phonetic match for name and Vienna classification match for logo.
During the process, the Registrar of Trademarks releases a public journal displaying the names applied for registration. Companies are always on the lookout for misusing a brand, logo, design, pattern etc to confuse the customer and leverage on a successful brand. PM Narendra Modi concluded what was perhaps the largest startup conference for entrepreneurs in India with his action plan, which included new policies and initiatives that would make it easier for for investors and startup founders to incubate their ventures in the country. So taking the Benefits of the Startup India action Plan here are below some conditions which is fulfilled by the startups.
Here are the top 10 take-aways from the PM’s speech that cheered the start-ups in the arena.
MyOnlineCA is Online Legal Service Provider Company which made legal things at your fingertips from register your business in India to handling legal documentation. Retail industry experts say the clause requiring the investor company to also own the brand is limiting plans of global retail brands keen to set up shop in India. New Delhi: British footwear company Pavers England has complied with an Indian government condition to operate a single-brand retail chain with 100% foreign investment. The premium shoe company, with around 100 stores in the UK and Ireland, has registered anew its intellectual property to comply with local rules that require a firm applying for a venture with 100% overseas investment to be the owner of the brand, including its trademark.
However, the application earlier this year to the department of industrial policy and promotion (DIPP) for a fully foreign-owned chain of stores was made by the Mauritius-based firm. In India, Pavers has 25 exclusive stores operating through a master franchisee and 65 concession stores. After the brand registration, the company filed fresh papers with DIPP two weeks ago and is awaiting its response, said the person cited above.


For instance, in June, DIPP rejected a proposal by Dutch firm Zara Holding BV on similar grounds, according to a PTI report.
Most international firms are structured in a fashion where their intellectual property is held by a separate firm while operations are conducted by various holding firms in different countries. A retail sector analyst at a consulting market research firm said the clause was perhaps included to ensure international quality standards of a product.
Pavers already claims to be fulfilling a condition to source 30% of the value of products from India. The brand ownership clause in the policy is aimed at ensuring transparency, according to Pallavi Shroff, senior partner at law firm Amarchand Mangaldas. So far the change in foreign direct investment policy to allow 100% overseas funding in single-brand retail has elicited a feeble response from investors due to lack of sufficient clarity and restrictive clauses.
With IKEA, the 30% local sourcing norm is the bone of contention between the furniture maker and the commerce ministry.
Companies are always on the lookout of finding better and newer ways of finding chinks in the armor of their competitors. Trademark ensures that the brand name and logo registered is their property and if used by any other organisation, it is a legal violation of their intellectual property. The entire registration process is extremely transparent so that every step involved in the process can be thoroughly studied and analyzed by the company. In case a name is already taken by any other firm, then the company cannot use that registered name unless it is abandoned by the existing user.
Phonetic search looks for similar sounding names and Vienna code helps in recognizing whether a similar looking isn’t registered. Companies having existing registered names can file for objection if they find an ambiguity. This not only results in loss of customers but also decreases a brand's credibility and hampers brand equity. Annual turnover (as defined in the Companies Act, 2013) in any preceding financial year must not exceed Rs. Startup must be working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property. The Startup must not be formed by splitting up, or reconstruction, of a business already in existence. Government is all set to launch an app to create a platform for interaction with start-ups.


Its is managed by the MyOnlineCA which is Online Legal Service Provider in India from register a company or business to manage legal things at user fingertips. Dre headphones with ControlTalk compatibility with certain Apple devices, please see our official post. Zara had sought to set up a venture with 51% foreign equity participation for single-brand retail for its apparel brand Massimo Dutti, owned by one of its units. According to the retail analyst cited above, so far DIPP has received only two applications for single-brand retail, from Swedish furniture maker IKEA, and Pavers. Technology, innovations, breakthrough products are a mean by which companies look to topple each other.
Thus, companies must on priority get their trade name, logo, colors, design etc registered to give them a legal protection and a right to fight in case it is misused. The various classes are broadly classified as goods, services, education, business management, food products and henceforth. Thus it is preferred that companies look for names which are not taken or make their own creative name; else it might lead to an issue later. Once all the above steps are covered, a company can file registration with the Registrar of Trademarks, and the registration process would start. Also, an objection can be filed if a generic term or keyword is being applied for registration. Therefore to fight the theft intellectual property and securing a brand, trademark registration is the most important process. But there is another way by which companies leverage on an existing successful brand and uses it illegally to promote their own interest. If there is a problem, the registration process is halted unless all the issues are cleared.
This is where a legal tool comes into the picture which protects the logo, design and brand of an organisation.
In such a case, the company has to file for registration in all the classes it is present in. Once the process is successfully cleared, the company is a registered trademark, and the brand name becomes their legal property for a period of ten years.



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