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Businesswindo.com is online portal will help you out to start a business by registering it as per your requirement, We specialize in company registration with wide range of business entities like Private limited, One-Person Company (OPC), Limited Liability Partnership (LLP) or Sole Proprietorship Compan.

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Within any organization, a Company Secretary’s duties include ensuring the integrity of the corporate governance frameworks, being responsible for the efficient administration of a company, ensuring compliance with statutory and regulatory requirements and implementing decisions made by the Board of Directors.

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At Businesswindo.com you can avail a package where all your tax related needs will be sorted out so you can concentrate to grow your Business. We help you get your books of accounts audited by qualified professionals on our panel eligible to provide - Statutory Audit, Tax Audit, Internal Audit and Management Audit.

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Will help you out to protect your ideas let it be in the form of a Brand Name, Design, Logo or a New Invention . We have a specialized team of Trademark Agents, Patent Attorneys and Corporate Lawyers to serve you better.

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At Businesswindo.com we also assist to obtain various Tax Registration and also to file the tax returns on time let it be your Value Added Tax, Service Tax, Income Tax, Professional Tax ,FSSAI License, Import Export Code and more.

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About Business Windo

BusinessWindo.com is a unique platform which provide opportunities to young & aspiring minds. It offers online consultation, to budding entrepreneurs pan India, in overcoming the initial formalities of starting a business. This is an initiative to utilise the bandwidth of legal and financial fraternity in business, by lending support to the start-ups under one roof. This one-of–its-kind platform, comprises of legal and professional experts who helps these business set ups.

BusinessWindo.com is a unique venture with an initiative to serve start-ups and new business set ups and support them with services such as New company incorporation, Tax registration, Filing of various taxes, Secretarial services, Chartered accountant services, Trademarks, Copy right, Patent and many more at affordable charges with better transparency.

Unlike other service providers, BusinessWindo provides more than 50 services to its users. In addition, all services are relatively affordable compared to the market and still maintaining the high quality standards.

With a team of young, energetic team it focuses on providing hassle free, transparent online services on www.BusinessWindo.com at affordable price.

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One of the first reasons for which you should choose Businesswindo.com is because it is a capable organization in various areas of business such as Company Registration in Bangalore and GST taxation matters. The organization uses qualified professional experts in the domain of company registration to make your company registration process much smoother than before. The company provides you value for money and in this day and age this is one value that is cherished so highly. When you do business with us you can be sure that there would not be any hidden costs whatsoever and your documents would be cent per cent clear as well. This will make sure that you do not face any problem later on.

We have been in the business for a long period of time and as such we have associated with plenty of entities. They have been happy with the services that we have provided to them and this has cemented our position as a market leader in our chosen domains. More than anything else, we are committed to providing you the best service that we can – in terms of commitment and quality. When we are working with you, your problems are our problems and we would always make our best attempt to solve them to your utmost satisfaction.

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Responding to Trademark Objection in Bangalore

Responding to Trademark Objection in Bangalore

Trademark objection means once the application for registration of trademark is filed, it would be went to trademark registry department for the examination of application to verify the uniqueness and distinctiveness of your own creation. And they scrutinize it in order to determine the accuracy, quality or condition under the provisions of Trademarks Act & Rules. The examiner will examine the application thoroughly by going through each and every Section of Trademarks Act 1999 and Trade Mark Rules, 2002. After verifying the application, if the examiner is not satisfied, he will be object your application for one or more issues.

And for that, you should have to file the legal reply to trademark objection which mentioned in raised examination report, on this ground the applicant or attorney has to submit the proper and supportive evidence to the Trade Mark office within the prescribed time (one month). If the reply is not filed in time, your rights to use trademark shall be revoked.

To help on trademark objection, we've explained it briefly in this article.

At the time when your trademark registration process is being examined by an Examiner there is always a chance that it could be objected to by the official in question. Having an objected status means there could be one or more areas with which the Examiner or Registrar has an issue within the trademark application in question. Normally, the objections are raised under Section 11 and Section of the Trade Marks Act, 1999. Objections in Section 9 are made if the Examiner or Registrar feels that the trademark describes the goods or the genre or if it is lauds the goods or indicates their quality.

The objections under Section 11 are made in case the Registrar or Examiner feels the trademark is similar or identical to another trademark in the Trade Mark Registry. These trademarks are normally ones that belong to other similar goods and services. In these cases, normally a Search List is generated by the Examiner or Registrar through a computer. This list contains all the marks that conflict with the trademark in question. 

What is trademark examination report?

A trademark examination report is a sign of the fact that the trademark office has objected to an applicant’s trademark on certain grounds. In most cases it happens because the trademark is similar or in conflict with marks already held by others. Along with this the Examiner also checks if the application has been filed in the correct form or not. In the report the Examiner or Registrar also decides if any condition or restriction is to be applied on the trademark. This is why it is in the interest of the applicant to make sure that the application meets all the requirements that are necessary with respect to registration.

Obviously, when the applicant has received a trademark examination report it means that there are some mistakes in the same. In such cases, apart from compiling the objections in the examination report the Examiner or Registrar also uploads them on the Trademark Registry.

How to file a response to an objected trademark?

Normally when a trademark application is objected to the law, states that a response should be filed within a month from when the applicant receives the Examination Report. When a trademark is objected, it is very important that the applicant puts forth proper arguments in a response that is really suitable. This needs to be done so that the objections can be overcome. After the applicant makes a written submission the Examiner or Registrar the trademark can either be accepted straightaway. Else, a hearing may be announced so that the applicant can in person put forward the necessary and relevant arguments in this regard.

In most cases, it has been seen that if proper arguments are put forth such objections can be overcome. It is very important that you know how to file trademark objection response in Bangalore. The applicant can file it itself or get an attorney to do the work on its behalf as well.

How to overcome the trademark objections?

There are some tips that can help people who are facing issues with such objections and wish to overcome them. In case an applicant wishes to overcome objections under Section 9 it is important that the trademark is proved to be distinctive in an inherent way. One can also overcome objections in this regard by proving the trademark has been able to acquire a unique character because of its usage in an extensive manner. It is for this reason that the applicant has to submit a user affidavit with proper proof. This submitted material should show that the trademark has now become distinctive.

In these cases, the applicant should also ask the owner of the conflicting or similar trademark to provide a letter of consent. In fact, it would be well within its right to make such a demand. The term similarity does not only indicate that the marks are similar. It could also indicate that there is a clash in the list of goods and services as far as the marks in question are concerned. So the most convenient way in which one can avoid being refused for registration is to do away with the conflicting services and goods from one’s application.

In case the trademark has been rejected for wrong classification of trademark class the applicant would need to file a request in order to make sure that relevant corrections are made. If the applicant feels that the report is a wrong one then objections to the position taken by the examiner can be made as well.

If the applicant does not know or does not have experience in this particular regard it is always better to look for help from professionals in this regard. Thankfully, these days there are plenty of companies in Bangalore that are providing such services at really reasonable costs and thus making it really worth the while for them.

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Trademark Registration Online in Bangalore, India

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Trademark Registration Process Online in Bangalore

Trademark Registration Process Online in Bangalore

The term trademark can be viewed as a form of legal protection that is provided in case of certain names, devices, symbols, or words that would be used in relation to a certain product or service. Normally, if a mark happens to be associated with a certain service it is referred to as a service mark. However, the word trademark is used in order to signify marks that could be associated with a product or a service. The main reason why trademarks are used is in order to make sure companies and individuals are able to reveal what the source of their goods is. It also helps them create a separate identity for their products and services in the industry.

With a trademark you basically have the exclusive right to use a mark. At the same time, you also have the legal right to stop others from using it. In fact, with a trademark in your name you can stop any other entity from even using a mark that could be similar to your own and thus confuse the general public.

However, just because you have a trademark you would not have the right to stop another entity from selling the exactly same product or service under a mark that is absolutely and pretty clearly different. You can establish your right to own such a mark by using it in a legal way in a business or commercial setting. There are certain legalities that need to be followed in these cases and you need to keep them in mind as well.

As a business owner it is absolutely important for you to be aware of the importance of trademark registration.

What can be Trademarked in India?

As per the Trademark Law 2002 there are 45 classes of trademarks in India. They cover virtually each and every product and service sold in India. An example may be given below:

  • Class 1 – chemicals being used in industries
  • Class 2 – paints
  • Class 3 – bleaching preparations
  • Class 4 – industrial oils and greases
  • Class 5 – pharmaceutical preparations
  • Class 6 – common metals alongwith their alloys
  • Class 7 – machine and machine tools
  • Class 8 – hand implements and tools
  • Class 9 – scientific instruments
  • Class 10 – surgical equipment
  • Class 11 – lighting apparatus
  • Class 12 – vehicles
  • Class 13 – firearms
  • Class 14 – precious metals
  • Class 15 – musical instruments
  • Class 16 – paper goods
  • Class 17 – rubber goods
  • Class 18 – leather goods
  • Class 19 – building materials
  • Class 20 – furniture
  • Class 21 – household utensils
  • Class 22 – ropes
  • Class 23 – threads and yarns
  • Class 24 – textiles and textile goods
  • Class 25 – clothing
  • Class 26 – embroidery and laces
  • Class 27 – carpets

Who can Trademark their Brand or Logo in India?

A person and two or more person, who can apply for the registration of a trade mark, are needed to be the proprietor or owner of the proposed trade name in relation to the business. For the purpose of making an application of Trademarks, the person could be:

  • A Natural Person
  • A Body Corporate
  • A Partnership Firm
  • A Joint Proprietor
  • A Trust
  • A Society, or
  • A Government Authority/ Undertaking

Since trademarks are normally used in order to save brands, catchphrases, and slogans, which are unique to businesses and individuals, from being misappropriated by others they can be used by any individual or business. In fact, not for profit entities can get trademarks in India as well. However, you need to keep in mind that the requirements in this case would depend on the class of trademark that you are filing for the purpose of registration. The type of ownership of your company would also be important in such processes.

Even if you are an individual who is not doing any business as such you have the right to file for a trademark and obtain the same as per laws in India. You could do it for a word, phrase, or symbol that you would like to use in the future. When you are filing for trademark in such a capacity you would have to provide your full name. In case your company happens to be a joint ownership then you need to mention both your names on the application for the trademark. Thus, as can be seen from the examples above, you have to provide your full name in the application in your role as the proprietor.

What is Trademark Registration?

The process of trademark registration can be described as one whereby you register your unique business name, taglines, catchphrases, and captions with the relevant authorities. This means that they cannot be used by any other entity. With the help of trademark consultant from Bangalore you can get such work done rather easily.

What are the Advantages of Trademark Registration?

Firstly, as has already been said, when you have trademark you have exclusive rights to your mark. These days, it has become easier to avail top class logo registration services in Bangalore. The mark basically becomes hypothecated to you and thus you enjoy all the security that you want to in this regard. You get intangible property rights with a trademark as well. By getting a trademark the mark gets licensed in your name and you can transfer it later on as well.

As has been said already, holding the trademark acts as a credible deterrent to entities that may have devious designs of using the same mark or something that is fairly similar. You can use this trademark in legal proceedings as well. With such a registration it is only you who can place the R word against the mark. You can use it outside India for purposes of business as well. In fact, if you already have a trademark and you want to do business in another country you can get it registered as well. This same trademark also allows you to take legal action against those who sell counterfeits of your trademarked products and services.

Documents Required for Filing a Trademark Application

Both Indian companies and foreign based commercial enterprises file for trademark registration in India. If you are an individual or sole proprietorship you would have to provide your word, phrase, or logo. In case you are providing a logo it is best to provide a black and white copy of the same. You also need to sign and submit Form 48. This form acts as a form of authorization from you to the trademark attorney. This allows her or him to file the application on your behalf. You also need to provide your identity proof and address proof.

If you are a partnership, company, or LLP (limited liability partnership) you may or may not have to provide a copy of your logo, a signed version of Form 48, your partnership deed or incorporation certificate, your identity proof or your address proof. If you wish to be slotted as a small enterprise you would have to furnish your Udyog Aadhar Registration Certificate. So, you need to keep these requirements in mind when you go to file your trademark. You should know and understand the process to register your trademark online in Bangalore.

Here’s know the registration process for filing a trademark:

1. Make a Public Search for Your Trade Name

2. File Application for Your Trademark (if objection is raised for application, you need to reply to exam report; if not, the application goes for journal publication for 120 days)

3. Reply to Official Examination Report (for further queries the Registrar of trademarks may call for a hearing)

4. Respond to Trademark Hearing

5. Published in Trade Mark Journal for 120 days

6. Awaiting for Trademark Opposition (if the trademark is not opposed by any other third party, you will get the registration for it)

7. Trade Mark Registry will be Issuing a Registration Certificate towards the trade name

8. Renewal Once in Every 10 Years

Procedure of Trademark Application for Brand Name or Logo

In this context you need to keep in mind that you have to file your trademark with Trade Marks Registry in India. This process normally starts with either you or your trademark attorney looking for a trademark that may be available in the database for such marks. When you perform such a search you would come to know if the trademark registry already has an identical or even a similar trademark or not. For this purpose you would have to visit the Trademark Registrar Website.

The next step in this regard is to file for the trademark. This will begin once you have chosen an available trademark. There are certain rules and regulations that you have to adhere to in this case. There is also a fee structure to be kept in mind. There are five trademark offices in India and you can file with the one that has the jurisdiction over your state or online domain. You can also hire professional lawyers and agents to act on your behalf for such purposes.

Your trademark application should contain information such as your trademark or logo, your name and address, the trademark class that you are filing under, information on any trademark that you have used so far, and description of services or goods that you wish to trademark. Once you do this you would be provided a trademark application number within a couple of working days. After this you can track the progress of your application through the online trademark search facility. Normally, if you have obtained such a number you can use TM next to your service or product.

After receiving your application the Trademark Registrar would verify it with the Vienna Codification established under the aegis of Vienna Agreement (1973). Once this process is out of the way the Trademark Officer in the concerned Trademark Registrar Office would receive the application. At that stage it would be reviewed for correctness and an examination report would be issued.

Once the application is accepted the trademark would be brought out in the Trademark Journal. After this, if there are no objections to your trademark, the office would prepare a trademark registration certificate and a manuscript, and sent to the relevant authority. Once the certificate is issued in your name the trademark will be considered to have been registered in your name.

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Comparison Between Registered and Unregistered Trademark

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How to Oppose a Registered Trademark?

How to Oppose a Registered Trademark?

A Trademark is usually symbols, logos, words and phrases that are used by a service provider or a product developer for identify their services or goods. Trademark registration is a lengthy process and it also includes an advertisement of mark used in a Trademark Journal. Under Trademark Act of India, during a trademark advertisement proceeding or during the re-advertisement of application for registration, a person can initiate a trademark opposition. In case a person raises a trademark opposition, the opposing party is going to have the legal option to be heard. The trademark application is also going to have the option for being heard and accordingly respond to opposition.

There are a number of reasons as to why a person may want to raise a trademark opposition. Here are some of the key grounds associated with trademark opposition.

  • The trademark is identical or similar to an already existing registered trademark.
  • The trademark is rather descriptive in nature.
  • The trademark registration application was made in bad faith.
  • The trademark lacks or is devoid of any distinctive character.
  • The trademark is prevented by law or contrary to law.
  • The trademark might deceive the public and/or lead to confusion.
  • The trademark is strictly prohibited under Emblem and Names Act, 1950.
  • The trademark is considered customary in current language or according to established practices of the business.
  • The trademark includes matters or aspects that might hurt the religious feelings and sentiments of any section or class.

Procedure for Initiating the Trademark Opposition

In order to initiate the trademark opposition proceedings, a person needs to file a trademark opposition notice within 4 months of the date of advertisement or the re-advertisement of application as it appears in Trademark Journal. Trademark opposition needs to be on the Trademark Form 5 according to the prescribed manner. It should be filed along with the applicable fees. The notice for trademark opposition should also contain the information listed below:

  • Application against which the trademark opposition is issued including the application number for trademark registration; the class of services or goods for which the trademark registration application has been made and name of the applicant of trademark application.
  • The details of trademark opposition party such as name and address.
  • The grounds for which the trademark opposition was issued

Trademark Opposition Procedure

Once trademark opposition notice has been filed with Registrar, the Registrar is going to give a copy of trademark opposition notice to trademark applicant. The trademark applicant needs to file counter statement within 2 months from receiving the notice for trademark opposition. If in case the trademark applicant is unable to file counter statement within prescribed period, the authorities will declare the trademark application as one that has been “abandoned”.

The Registrar may choose to call a hearing of the both parties based on trademark opposition and the counter statement that have been filed. The Registrar can then choose to rule on trademark registration application as well as the trademark opposition filing according to the evidences that have been presented.

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Related Articles:

Trademark Registration Online in Bangalore

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Difference Between Trademark, Copyright and Patent