Showing posts with label Copyright Registration. Show all posts
Showing posts with label Copyright Registration. Show all posts

Tuesday, August 11, 2020

Company Registration Process and Documents required

Company Registration Process and Documents required

Entrepreneurs in the process of beginning a Company registration are interested in knowing about the list of documents required for the process. In this article, we provide details and description of the documents required for company registration.

Directors: Indian Nationals

The following documents are mandatory for Indian Nationals for incorporation of a Company in India:

PAN Card: PAN Card copy of the proposed Directors of the Company will be required for Company Registration. PAN or Permanent Account Number is a unique identification number issued by the Department of Income Tax in India. It is mandatory for Directors who are Indian Nationals to submit PAN during the incorporation process.

Note: The name on the PAN Card will be used by the Ministry of Corporate Affairs for all matters pertaining to the company. Hence, in case of mistake in the name mentioned in the PAN Card or name change due to marriage or any other reason, the PAN Card must be first changed.

Address Proof: In addition to the PAN Card copy, the proposed Director must submit an address proof. The address proof submitted must have the name of the Director as mentioned in the PAN Card and the most current address of the proposed Director. Further, the document must also not be older than 2 months.

The following documents are acceptable Address proof for Indian Nationals.

  • Aadhaar Card
  • Passport
  • Voter Identity Card
  • Driving License
  • Electricity Bill
  • Telephone Bill

 Residential Proof: In addition to the address proof, a residential proof must be submitted during the incorporation of the Company to validate the current address of the proposed Director. As applicable for address proof, the residential proof must also contain the name of the Director as mentioned in the PAN Card and must not be older than two months.

The following documents are acceptable residential proof:

  • Bank Statement
  • Electricity Bill
  • Telephone Bill

 Director: Foreign Nationals

The following documents are mandatory for Foreign Nationals for incorporation of company in India:

Passport: In case of Foreign Nationals, Passport is a mandatorily required as a proof of identity. The Passport must also be Notarized or Apostilled in the country it was issued. In case the document is in foreign language, then it must be translated by an official translator to English and notarized or apostilled. Further, if the Passport does not contain date of birth of the holder, then an additional document indicating the date of birth of the Director must be provided, duly certified or attested or notarized or apostilled.

Address Proof: In addition to the Notarized or Apostilled Passport copy, the proposed Foreign Director must submit an address proof which is also notarized or apostilled. The address proof submitted must have the name of the Foreign Director as mentioned in the Passport and the most current address of the Director. Further, the document must also not be older than 1 year for foreign nationals.

The following documents are acceptable address proof for Foreign Nationals.

  • Driving License
  • Residence Card
  • Bank Statement
  • Government issued form of identity containing address.

In case the document is in a foreign language, then it must be translated by an official translator and notarized.

Residential Proof: In addition to the address proof, a residential proof must be submitted during the incorporation of the Company to validate the current address of the Foreign Director. As applicable for address proof, the residential proof must also contain the name of the Foreign Director as mentioned in the Passport and must not be older than one year.

The following documents are acceptable residential proof of Foreign Director:

  • Bank Statement
  • Electricity Bill
  • Telephone Bill

In case the document is in a foreign language, then it must be translated by an official translator and notarized.

Registered Office Proof:

In addition to providing identity, address and residential address for the Directors, proof must be provided to validate the registered office address of the Company.

The following documents must be submitted as proof of registered office during the company registration process.

The registered document of the title of the premises of the registered office in the name of the company; or The notarized copy of lease / rent agreement in the name of the company along with a copy of rent paid receipt not older than one month;

In addition to the above, the following must also be provided as proof of registered office:

The authorization from the Landlord (Name mentioned in the Electricity Bill or Gas Bill or Water Bill or Property Tax Receipt or Sale Deed) to use the premises by the company as its registered office. This is usually referred to as NOC from Landlord; and Proof of evidence of any utility service like telephone, gas, electricity, etc. depicting the address of the premises in the name of the owner or document, which is not older than two months.

Shareholder: Indian National or Foreign National

The identity and address proof as detailed in the article must be submitted for all the shareholders of the Company (i.e., subscribers to the Memorandum of Association (MOA) and Articles of Association (AOA).

Shareholder: Corporate Entity or Artificial Judicial Person

In case one of the shareholder or subscriber to the MOA and AOA is a Corporate Entity (Company, LLP, etc.,), then Certificate of Incorporation of the Body Corporate must be attached along with the resolution passed by the Body Corporate to subscribe to the shares of the company under incorporation.

In addition to the above proofs and documents, a number of documents like INC-9, MOA, AOA would be drafted by a Professional. These legal documents made specifically for the incorporation, must be signed and notarized by the promoters of the Company.

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Documents required - Trademark Application Registration

Trademark Application Registration - Documents required

The entire process is Online.

You may email Soft copies of the following documents and information:

  •  Aadhaar card
  • PAN card
  • Mobile number
  • Email ID
  • Name of the business
  • Business description
  • Business Logo
  • MSME Udyam Certificate
  • GST Regn. Certificate
  • Partnership Deed and Firm Registration Certificate (in case of Partnership Firm)
  • Certificate of Incorporation (in case of Pvt Ltd. Co.,)

 Any other existing Registration Certificates of the business.

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Sunday, August 9, 2020

Reasons for Trademark Application Rejection

Reasons for Trademark Application Rejection

A registered trademark can help the trademark owner prevent unauthorized use of the mark and create a valuable intangible asset for the company. However, the trademark registration process is long typically taking anywhere between 12-18 months to know the final status of a filed trademark application. Since, the trademark application process takes such a long time, many businesses begin building a brand around a mark while the trademark application is still pending. If the trademark application is finally approved and the mark is registered, then the efforts-spent on brand building is protected. However, if for some reason the mark is not registered, then there is a likelihood for the brand to be under threat. Hence, we look at some of the top reasons for trademark application rejection, so these mistakes can be avoided while choosing a business name or trade name.

Generic Terms

Commonly used words or terms that are usually found in dictionaries cannot be trademarked. For example, a company cannot trademark the word “CHAIR” to sell chairs. Since, chair is a generic term for the product, one company cannot be given the right to use the generic term exclusively.

Descriptive Terms

Words that are commonly used to describe a product can also not be trademarked as it would be considered a descriptive term. For example, the mark COLD is likely to be rejected for marketing beverages as being descriptive. If a company is given the exclusively right to market its beverages using the term COLD, it would be unfair. Hence, such descriptive terms for products or services cannot be trademarked.

Also, qualitative or praise terms such as RAPID, BEST, CLASSIC or INNOVATIVE cannot be trademark unless it is part of an otherwise distinctive mark.

Deceptive Trademarks

Deceptive trademarks are marks that may deceive or mislead consumers as to the nature, quality or geographical origin of the product. For instance, a trademark that resonates with cotton for a polyester product would be rejected as a deceptive trademark.

Offensive Terms

Trademarks that contain offensive terms or words that are contrary to public order or morality cannot be registered. Also, words and marks that are considered to be offensive or violate commonly-accepted norms of morality are generally not allowed to be registered as trademarks.

Marks Similar to an Existing Trademark

Many trademark applications are rejected because they could be in conflict with an existing registered trademark. Having two identical trademarks is contrary to the intellectual property rules and would cause confusion among consumers. Hence, any trademark that is similar or could potential be confused with an existing trademark would not be registered.

Official Marks

Trademarks that contain official names, flags, armorial bearings, official hallmarks and emblems of states and international organizations cannot be trademarked as they contain elements that are protected under National Regulations.

Choosing a Business Name

To improve the chances of choosing a business name that can be trademarked, follow the checklist below:

  1. Ensure that the mark does not fall under any of the categories listed above.
  2. Perform a trademark search to ensure there are no similar trademarks.
  3. Perform a domain name search to ensure that the domain is available for the mark – to avoid any cyber-squatting in the future.

Get consultation from a trademark expert, if in doubt. 

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Email contact@bestlegalscribe.com

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Monday, August 3, 2020

Copyright Registration

Copyright Registration

There is a surge in the amount of intellectual property being registered in India due to an increase in awareness among people about intellectual property laws and the advancement of technology, allowing for online registration of many of the type of intellectual property being created. Copyright registration is one of the key types of intellectual property protection and allows for the protection of literary, dramatic, musical and artistic works.

Copyright Basics

Copyright is a right to ownership and enjoyment given by the law to creators of literary, dramatic, musical, artistic works and producers of cinematograph films and sound recordings. It is a bundle of rights comprising of rights to reproduction, communication to the public, adaptation and translation of the work. Copyright ensures certain minimum safeguards of the rights of ownership and enjoyment of the authors over their creations, thereby protecting and rewarding creativity.

Eligibility

Any work namely literary, dramatic, musical, artistic work, cinematograph film, or sound recording, can be copyrighted. Copyrights are given in India in mainly three classes of work, and each class has its own distinctive rights under the Copyright Act. Original literary, dramatic, musical and artistic works are one class of work that comprise of copyrights for books, music, painting, a sculpture, etc., Cinematograph films are another class of copyright which consists of any work of visual recording on any medium. Finally, sound recordings are a distinctive class under the copyright act consisting of a recording of sounds, regardless of the medium on which such recording is made or the method by which the sounds are produced.

Copyright Registration

A limited amount of copyright protection comes into existence as soon as a work is created, and no formality is required to be completed for acquiring copyright. However, to prove ownership over copyright and to serve as prima-facie evidence in the court of law, works can be registered in the Register of Copyrights maintained in the Copyright Office of the Department of Education. To copyright registration application is to be made on Form IV in a requisite manner along with the applicable fee. Both published and unpublished works can be copyrighted. In the case of published work, three copies of the published work have to be presented along with the application. In case of unpublished work, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered.

Copyright protection typically lasts for 60 years. In the case of original literary, dramatic, musical and artistic works, the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60 year period is counted from the date of publication.

Process for Copyright Registration

Copyright registration can be obtained for both published and unpublished works. Copyright registration can be obtained by applying to the Copyright Office for registration of work under copyright laws in the prescribed form along with the necessary fee. Application for copyright registration must be made on “Form IV” along with the “Statement of Particulars and Statement of Further Particulars”. Along with the application, three copies of published work should be sent. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential.

Copyright application can be signed and submitted by the applicant or an Advocate in whose favour a Vakalatnama or Power of Attorney has been executed by the Applicant. In case of application by an Advocate, the Power of Attorney signed by the applicant and accepted by the advocate should be enclosed with the application.

In case of registration of multiple works, separate applications should be made for registration of each work along with the requisite fee.

Benefits of Copyright Registration

The following are some of the important benefits of registering your work and availing copyright protection:

Copyright protection creates a public record of the ownership by the copyright holder.

Copyright protection enables the holder of the copyright to take legal action against infringers in a court.

If the legal action is taken before or within a certain period from the date of publication, it enables adequate evidence in court relating to the validity of the copyright and the facts that are stated in the certificate of copyright.

If registration is made within a short span of time the person’s work or at any time prior to the infringement of the copyrighted work, the copyright owner is permitted to claim statutory damages in a high court. Without the process registration, only an award related to actual damages and profits will be made available, and these can be quite complicated to prove in a court of law.

Permits the copyright owner to record the registration with Indian Customs to help in protection against the importation of infringing copies into India.

Copyright protection provides a very important motivation for the creation of several intellectual works. Devoid of copyright protection, it would be simple for others to take advantage of these works without paying any royalties or remuneration to the title-holder of the work. Copyright, therefore, encourages enterprise and enables an encouraging climate to motivate economic activity.

Copyright protection renders benefits in the form of economic rights which entitles the creators to exercise control over the use of their literary and artistic material in various ways such as producing copies, performing in public, broadcasting, use online/on the internet, etc. and to avail an appropriate economic reward.

Copyright protection enables creators to be rewarded for their originality and venture consequently.

Copyright also enables moral rights to be identified as the creator or the author of definite kinds of material (known as the paternity right), and raise an objection to the distortion and mutilation of the right. An author’s right to object to the adaptation or derogatory action in relation to his or her work is referred to as an integrity right.

Registration and entitlement to copyright will display the validity of your copyright if it is registered within a period of five years of publication. This can help avert future challenges to your works related rights.

One can use, re-use and reproduce the copies and can sell the copies of the work that is copyrighted.

One can deal in the imports or exports of whole or part of the work with copyright protection.

One is liberated to create any derivative work from the copyrighted work.

One can openly exhibit his work with copyright protection.

One can sell or pass on the rights of the work to the other person with copyright protection.

One can deal in transmitting or the display of work by radio or video with copyright protection.

Copyright Protection Validity

Generally, copyright protection is valid for 60 years. In the case of original literary, dramatic, musical and artistic works, the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the 60-year period is counted from the date of publication.

Remedy for Copyright Infringement

Copyright infringement of any work is a criminal offence punishable under Section 63 of the Copyright Act. The minimum punishment for an infringement of copyright is imprisonment for six months with a minimum fine of Rs.50,000/-. Also, in case a copyright infringement has happened or happening or likely to happen, any police officer, not below the rank of a sub-inspector, may, if he is satisfied, seize without a warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work.

Lawful Use of Copyrighted Work Without Permission

The law under certain conditions allows the use of a registered work without the permission of the owner for research, study, criticism, review and news reporting, as well as the use of works in library and schools and in the legislatures. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work, for research or private study, ii) for criticism or review, for reporting current events, in connection with judicial proceeding, for performance by an amateur club or society if the performance for a non-paying audience and the making of sound recordings of literary, dramatic or musical works under certain conditions.

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Sunday, March 18, 2018

Free Legal Knowledge Sharing Series

Free Legal Knowledge Sharing Series

These Free Legal Knowledge Sharing Series is for educational purposes only and should not be used for any commercial purpose without the written consent of the Compilers.

© Copyright: Respective authors

Disclaimer: The Compilers hold NO Responsibility for any financial loss arises due to the usage of the contents compiled and shared here.

Free Legal Knowledge Sharing Series

These Free Legal Knowledge Sharing Series is for educational purposes only and should not be used for any commercial purpose without the written consent of the Compilers.

© Copyright: Respective authors

Disclaimer: The Compilers hold NO Responsibility for any financial loss arises due to the usage of the contents compiled and shared here.

Compiled by Best Legal Scribe

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Mail ID: contact@bestlegalscribe.com

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