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1. What is Voluntary Registration of Medical Device and When It Is Required?

The Indian Government changed the law in 2020 so that producers and importers of all medical equipment, excluding the 37 categories of medical devices, must voluntarily register by October 1, 2021. Manufacturers and importers who are unable to register before October 1, 2021 would have to either stop selling the relevant medical devices until they do so, or run the risk of incurring fines for breaking DCA and MDR regulations.

Class A and B medical device registration will be required starting on October 1, 2022. Class A and B device registration is initially optional for 18 months before becoming mandatory for 12 months. Class C and D medical device voluntary registration will be valid through September 30, 2023. The requirement for registration will take effect on October 1, 2023. Manufacturers or importers are required to register Class C and D devices for 24 months after 18 months of voluntary registration of medical device in India.

2. Does Medical Devices Require Registration in India and Why?

Only 40 to 50 medical devices in India presently need to be registered, and the Manufacturer is required to obtain a NOC from the DCGI for all other devices. The main goals of regulation are to prevent access to harmful items and to provide patients with high-quality, safe, and effective medical equipment. Regulation ensures the benefit to public health as well as the security of patients, medical personnel, and the general public when it is properly applied.

3. What Is The Process For Application For Registration Of Medical Devices In CDSCO?

Step 1: A Form 27 application must be submitted to the SLA (State Licensing Authority) along with the required fee in the amount and format specified in the proposed Rules, as well as a copy to the DCG Office.

Step 2: From the moment these rules were published, applicants would have 60 days to submit their applications for manufacturing.

Step 3: No manufacture will be allowed moving forward without the competent authority’s approval in accordance with the standards prescribed.

Step 4: The applicant must submit necessary information to the licensing authorities with their application.

Step 5: The expert committees will thoroughly analyze any medical devices that are being examined and don’t yet have any benchmark certification.

Step 6: The committee submits its recommendation for the acceptability of the gadget after conducting its evaluation.

Step 7: The SLA would submit the license to CLAA for approval following the joint verification and inspection.

Step 8: Following proper CLAA clearance, the license will be given in accordance with Form 28 of the aforementioned guidelines.

4. How Are Medical Devices Classified In India?

The MDR 2017 Guidance serves as the foundation for the classification system used in India, which is based on factors such as intended use, risk level, distribution mode, and level of bodily intrusion. From lowest to highest risk, products are categorized into one of the following categories:

A, B, C, and D are the different classes.

5. How Do I Register A Non-Notified Medical Device In India?

According to the provisions, a person must submit an application through a Sugam online portal in order to get the registration number of a medical device that has not been notified.

Steps that Manufacturers and Importers Must Take to Register Non-Notified Medical Devices

1. The applicant must click the portal’s registration link to register.
   1. https://cdscomdonline.gov.in/NewMedDev/Homepage
2. The applicant must register using a working email address and mobile number.
3. To register on the platform, candidates must upload the following documents:
   1. Id Proof Information
   2. Details of the corporate address proof (Certificate of Incorporation)
   3. A copy of the wholesale licenses and the manufacturing licenses (If not then upload the justification for the same)
4. The applicant must use the OTP (4 digits) obtained on their mobile device to confirm their registration before they can log in.
5. Candidates must upload the appropriate paperwork in accordance with the Registration Number checklist.

Also get detail about CDSCO cosmetic import registration

For those looking to establish their own business, including small investments in the food industry. Delhi is the center of the largest and fastest-growing retail sector in the world. For efficient operations, a food license in Delhi is essential. But, Is it easy to get FSSAI license? Well, scroll down to know more.

One must choose the Food Safety and Standard Authority of India before beginning any kind of food business, including food manufacturing, packaging, and distribution (FSSAI License). Before launching any kind of food business, a person is required to secure this compliance, which is among the most significant and essential ones. The relevant Food Authority of India (FSSAI), which is governed by the FSS Act of 2006, issues FSSAI licenses.

FSSAI Food License in Delhi

A 14-digit Food license number must be obtained by each businessperson engaged in the food industry who registers for a food license. Owners of food businesses must register with the food authority in order to operate their businesses. A food business owner must submit an application for either a State or Central License issued by FSSAI in Form B or a Simple Basic Registration with FSSAI in Form A, depending on the amount of annual turnover. It is a requirement that must be met to guarantee the security of food goods.

The Documents Needed for FSSAI license in Delhi

1. In Delhi, For Basic FSSAI License
   1. Proof of the applicant’s identity.
   2. Proof of the applicant’s address.
   3. Photograph
   4. Documentation proving the location of the business (Rent agreement, NOC, Electricity Bill, etc.)
2. In Delhi For State And Central License
   1. The names of the company’s directors, the firm’s partners, or the trust’s executive members, along with proof of identity and address.
   2. Information on the food category that the company plans to make.
   3. Proof of place of business.
   4. Proper certification and control of food safety.
   5. Unit’s Floor Plan and Blueprint
   6. Type IX (Central License)
   7. If the applicant is a company, then (COI, MOA, and AOA) are necessary.
   8. Export/Import Code
   1. NOC from the neighborhood municipal body.

What is the Process of FSSAI Registration in Delhi?

The following actions must be taken in order to register with the FSSAI in Delhi.

Step 1: Determining the Requirements

An applicant must determine their eligibility before registering for a food license. To do this, they just simply check in to the FSSAI website at http://foodlicensing.fssai.gov.in for FSSAI Registration. Depending on their eligibility or turnover, applicants may choose from any of the three licenses.

1. Basic Registration
2. State Registration
3. Central Registration

An applicant must complete all the fields in the relevant form after selecting the type of license he seeks to obtain.

Step 2: Online Application Submission

A declaration or undertaking form must be submitted online by the applicant, who must also submit an application. The declaration form must be reviewed by the applicant, and if they agree with its terms, they must select the “I Agree” option and click “Proceed.” Then, three options—”Central,” “State,” and “Basic” Registration—will show up. To obtain a license, an applicant must choose the appropriate choice based on their qualifications and business activities.

Step 3: Document Submission

A candidate must submit an application to the “Regional Authority of FSSAI” in Form A or Form B together with the required supporting documentation.

Note: The Department may accept or reject this application within seven days after the application date, and it must inform the applicant in writing of its decision.

An FSSAI registration certificate mentioning the registration number and the applicant’s photo will be issued if the department accepts the application. However, if there are any mistakes or errors in the application, the applicant will have 30 days to correct them. If not, the application will be considered “rejected.”

How will FSSAI License Consultants in Delhi Help Any Food Business Owner?

In all of Delhi, Regalguru offers the Online FSSAI Food License Registration Consultants platform. We are a reputable FSSAI Consultant or a licensed Food License Agent in Delhi. Regalguru Consultants has connections with more than 10,000 clients. The following are the distinctive services that we offer in relation to FSSAI Food License:

1. Free expert counsel and your company’s name are available.
2. Pickup of the required paperwork from your location.
3. Creating and submitting an online application for FSSAI Food License Registration Consultants Delhi.
4. Assisting with the organization of papers that are unavailable to you, such as the Water Test Report, the Premises Blueprint, and other paperwork.
5. Promptly inform of latest updates and FSSAI Authority instructions.
6. Aiding and advising the food business operator during the inspection.

So, you have just started a business and you are questioning whether investing in trademark registration for that business is something you should invest in? Well, to find the answer to that question, ask yourself these:

1. How much blood and sweat you have put in to your brand? How much hard you’ve worked to make your brand trustworthy to the public? Is your brand considered respectable today?
2. If your brand is making strides in the market, would you feel OK if someone tries to use it as their own, without your permission?
3. Have you truly found out whether the brand name for your business is truly your unique? What if someone else is already using it as a business name?

We are asking you to ask this question because of one simple reason:

 If you’ve truly invested time, money and passion behind making your business name known in the market, then it would be terrible to find out that someone is using that name without your permission. Even worse, if your business name is something that’s already is a registered trademark of someone else, then all your efforts to building your brand would be pointless.

 That’s why; you have to do everything in your power to:

1. Choosing a business name is unique.
2. Taking that name through the trademark registration process is own it legally.
3. And then, show that ownership with the “R” mark beside that business name so that no one can copy it without your permission.

Keeping in mind all these things that you have to do, we have created a simple process of trademark registration for you. While only the consultants would be able to help you, it’s you who can watch over the process and make the trademark registration process a success.

What is Trademark Registration?

Trademark refers to any mark that can you put on your product or services to differentiate it from other products and services of the same kind available in the market. Trademark registration benefits involve being about to:

1. Differentiate your product or service from others in the market,
2. Make people aware of the source behind the product or service that they are using,
3. Build a marketing strategy to establish your business name.

Considering that a trademark is basically the identifier of your trade, it’s seen as an Intellectual Property. Thus, in order to legally own that intellectual property, you have to get trademark registration.

Upon trademark registration, your trademark is published online with your name (or your business name) as the owner beside it.

The Steps of Trademark Registration Online

There was a time when the trademark registration has to be done exclusively online. Thankfully, with the advent of internet, and the rise of business, it has changed. Now, you can file the trademark registration application online – not compromising the comfort of your home. However, that doesn’t mean the that you don’t have to be careful regarding the steps involved. We have explained them in the following and we’d be thankful if you follow them diligently, without making a mistake.

1. Search for a unique trademark: Conduct a trademark registration search to decide a unique trademark. The process is fairly simple. You type in “Public Search” in your web browser and let it show you the results. Click on the very first search result and viola, you’re in the trademark search module. Enter the trademark name and the trademark class (the type of goods and service you’re using the trademark for) and press search. If that yield’s result, you have to try again.
2. File the application for trademark registration: Provided that you’ve found your trademark to be unique, start your step to file your application for trademark registration online. Attach the documents mentioned below:
   1. Trademark name or logo
   2. Your personal details or the details of your business entity
   3. The goods or services on which you want to put your trademark.
   4. A document that showed the date from when you started to use that trademark (if you’re already using the trademark)
   5. Power of attorney in the prescribed format.
3. Monitor the trademark application: Once you’ve filed the trademark application form, you have to monitor the application status. If it comes rejected, you have to file a trademark reply. If it’s accepted, your trademark will be published.
4. Get the certificate of registration: Once the trademark is published in the journal, it shall remain so for 120 days. If it doesn’t face any objections during that time, you get your trademark registered.

Trademark registration fees: The government Trademark registration fees if you’re a small startup or an individual is INR 4500. It’s INR 9,000 is you are any other business entity.

Timeline: It takes 2 days to file and submit the application. Another 2 to get the application status and 120 days of trademark publication. All in all, the trademark registration timeline about 5 months, give or take.

Conclusion

Trademark registration gives your business a unique Identity. And getting trademark registration India, in a country with a population of more than 1.3 billion, you can definitely achieve success. So get started without waiting and let your brand shine.

Often, we get confused between the definitions of trademark and copyright. Both of them are used to protect intellectual properties and both of them carry the name of their owners. However, there are many differences between the two of them in terms of pros, cons, policies, validity and more. Therefore, it’s important to understand the difference between trademark and copyright

Trademark: What is it?

A trademark is a mark that signifies your trade. For instances, if you’re a trader who wants to distinguish your product or services from the rest, you’re going to use trademark. In today’s market where brand is everything, trademark is used by entrepreneurs to assert their rights over their products and services. You see these marks on any products you buy, from packaging of that product to the banner of the office in which the product is formulated. With trademark registration, your rights towards your trademark are protected. What it means is that it will prevent others from using that trademark – ensuring that only you get to use the brand that you designed or decided for your services or products.

Copyright: What is it?

Copyright is the protection given as per the Intellectual property laws that gives the creator of a work exclusive rights of that work. Simply put, it’s the right that ensures that you, as a creator only gets to sell, resell, or even destroy the work you’ve created. It could be a novel you’ve written, or a software you have created, or a painting you’ve drawn. From paintings, to books to stories to songs to music to videos to even instrumentals, everything is covered under the copyright laws. Copyright is one reason that we know the names of artists such as MF Hussain, Picasso and even JK Rowling.

Difference between trademark and copyright based on several parameters

Following are the list of parameters telling you the trademark and copyright difference that you should know about.

Legislation they belong to:

           Trademarks are protected by the Trademarks Act, 1999

          Copyrights are protected under the Indian Copyright Act, 1957

Process to get these IP registrations

To get trademark registration, you’ll need to go through the adversarial process.

          To get copyright registration, you’ll need to go through the administrative process.

Scope of protection

Copyrights protect your ownership of your creative work all over the world. Regardless of the which country it is, if it’s your creation, it only belongs to you.

Trademark registration is limited to regions. For instance, if you’ve registered your trademark in India, it will only be protected in India. People outside India can use that trademark as per their legislation.

Who files for these protections?

          Trademark application for registration is filed by individuals or companies

Copyright application is filed by either artist, graphic designers, musicians, novelists or any other type of content creator.

Type of protection

The protection type of copyright registration is automatic. As soon as you come up with your content, copyright protection is obtained. Copyright registration is needed to enforce that protection.

Trademark protects by preventing confusion between other trademarks. If the mark is distinctive, protection is automatic.

Validity

When it comes to copyright, all the artistic or creative works formed after 1st Jan1978 will have copyright protection for 70 years after the death of the creator

When it comes to registration of trademark in India, the validity is for 10 years after which, it has to be renewed.

Are you interested in protecting your artistic creative works? Or, are you someone who wants to protect your brand? Whatever the case may be, Regalguru is here for your aid. Reach out to us for hassle free trademark and copyright registration services.

As we are in the midst of the COVID-19 epidemic that refuses to go away, we have to find a way to ensure that our business’s doesn’t get erased from the memories from our customers. The way to do that is branding. However, remote work has created a lot of issues in this regard and we can’t to as much as it can be done to protect our company’s brand.

Therefore, we have to turn to a more technically “legal” aid called brand registration or trademark registration. Trademark registration in India is a way to protect the identity of your brand and preventing others from using it without your consent. It puts your business on the frontline and ensures that your customers remember whose product they are using.

Thus, through this article, we are going to teach you 3 ways to protect your company’s brand. Be sure to take all of what is written here in, because in this time of pandemic, remembering your name is everything.

The first way: See what’s out there

Trademark registration is a long and challenging process. It’s because it’s not only upto the government department to grant you trademark registration – the general public plays the role as well. Therefore, before taking up that challenging endeavour, search and analyse the trademarks that are already registered.

To do that, you have to conduct a trademark search. It’s a simple process where you insert your trademark name inside the trademark search portal to see if any result similar to that comes up. If it does, you will have to strategize and think of some other trademark. If it doesn’t, you are “almost” ready to move forward with trademark registration in India online.

Seeing what’s out there prior to following the steps of trademark registration is an important step. If you someone file and get the trademark you wanted – which is less likely – someone can file a case against you if your trademark is even remotely similar to the one already registered. Therefore, analyze, and be ready.

Now, remember that trademark search is a process that might appear to be easy, but it’s also easy to make easy while conducting it. Therefore, you must only put your trust in your neighborhood trademark agent to conduct the search efficiently.

The second way: Starting the process of trademark registration

Once you have fully analyzed, reanalyzed and re-re-analyzed the trademarks that are currently available in the market, you are ready to start the process of trademark registration in India. The process can be listed in the following steps:

1. Deciding the trademark: After careful consideration of what’s present, you have to design the trademark logo and/or decide the trademark name that’s:
   1. Unique
   2. Not deceptively similar to the ones already present
   3. Not trying to infringe on present trademarks.
2. File the application of trademark registration: Once you have decided the brand through which you want to present your company, you can move forward with filing the application of trademark registration. The trademark registration India is online. So don’t worry about having to leave your home.
3. Before submitting the application: before you submit the application, you will be asked to verify the details you’ve filled. Verify and re-verify those details. No stone should be unturned and no detail should be missed or filled incorrectly.
4. Finally, submit the application
5. Keep an eye on the application status: Once you submit the application, you will be given a trademark registration application number. It’s your key to check upon the status of your trademark application. If at any moment there’s a status that might indicate that your application can be rejected, you can take pre-emptive measures to make corrections.

Once the application is accepted, it is published in the trademark journal. It’s at this point that the government becomes a spectator to the trademark registration application, just like you. It’s the people that decide your fate. If during the 4 months of trademark publishing, your application doesn’t get the ire of anyone; your trademark will be registered in India. If not, then it will be start of a long and drawn out legal battle that we better not discuss in this blog.

The final way: After trademark registration

Trademark registration is not the final step that protects your brand. All it does is gives you the power to enforce your trademark rights. The final way of brand protection is for you to be alert enough to be able to enforce these rights on time.

New trademark applications are filed nearly every day. And for better or for worse, you have to look at all of them if you want your brand to remain protected. You have two ways to deal with this issue:

1. Set up a Google alert: You can set up a Google alert that informs you of any new trademark applications that you would then have to go through to check if you’re being infringed.
2. Or, you can hire a third party to do this job: This party will be responsible for keeping a watchful eye on the trademark on your behalf. Working on your retainer, they will ensure that no trademark similar to your own makes through registration.

As there are many trademark applications filed on a daily basis, you are bound to encounter one or two that matches your trademark. Therefore, it will behove you to be ready and take legal action at that time. However, don’t overdo it, for it’s not uncommon for many individuals to decide the same trademark while believing that it’s unique. Thus, first, you must hold dialogue with that individual. If the matter fixes without going to the court, take that chance. If it doesn’t, you can move forward with taking any legal action that you see fit.

Conclusion

Protecting our brand is important during this time of being forced to work from home. You have to take all the optimal legal steps to make sure your company’s trademark is always protected and always on the mind of your customers.

Whenever you want to register your trademark, it’s important for you to find out beforehand under which trademark class does your product or service falls into. In this article, you’ll know about the trademark classes and their classification.

What is a Trademark Class?

When you try to find out whether the trademark you’ve decided for your business is unique, you go to the Trademark Public Search portal. There, the data that you’d need to fill are:

1. Trademark name, and
2. Trademark class

Trademark name is basically your brand name. You can play around with the options to see how much similar your brand name is to another trademark. However, what makes the public search process unique is the trademark class.

What is a Trademark Class?

Based on the products and services that exist in India, and the world, there are 45 trademark classes. When you go through the trademark registration process, you apply for trademark in one or some of these trademark classes. It all depends upon how widespread you want the trademark protection to be.

Why it’s Important to Choose the Trademark Class?

There is only one simple reason: you can have similar trademark as a registered one if that registered trademark doesn’t belong to your class. For instance, suppose you try to register your trademark under the cloth category, but it’s already registered in the alcohol category; you can go through the trademark registration process. The trademark class list has carefully defined each and every trademark class and the products that fall under them.

Let’s Now Look into the List of Trademarks Classes in India

As we have already explained, there are 45 trademark classes in total. Now, the first 34 have been reserve for specific products. The rest 11 are reserved for particular services. Following is the classification of them all.

S. No	Class	Description
1.	Class 1	This class covers chemicals that are used in industry, photography, forestry, unprocessed artificial resins, Tanning and adhesive substances etc.
2.	Class 2	This class is specific to paintings, coals & pigmentation, lacquers, mordants, printing, and art etc.
3	Class 3	Cleaning products, cosmetics, bleach and abrasives, laundry products, essential oils etc. are the part of this trademark class
4.	Class 4	All the hard products related to the industry such as fuels, industrial oil, greases, illuminates, wetting and binding compositions, fuels, wicks etc. come under this class
5.	Class 5	When you want to register your business of pharmaceuticals, veterinary products, dietetic, dental wax, disinfectants, herbicides, fungicides etc. you opt for this trademark class
6.	Class 6	Most of the metal and related products including metal castings, hardware, locks and safes, common metal and their alloys, building material (metal), other metals are not included in any other class etc. are covered under this class.
7.	Class 7	Machine and machine parts (minus land vehicles), incubators for eggs etc. are covered under this class
8.	Class 8	When you want to register your trade that constitute of Implements and hand tools, cutlery and razors etc, you choose this class
9.	Class 9	Majority of office materials including cash registers, calculating machines and data processing equipment, teaching apparatus, magnetic data carriers, etc are part of this class
10.	Class 10	Nuanced medical products like surgical, medical and dental apparatus, artificial limbs, eyes teeth etc. are part of class 10
11.	Class 11	Apparatus for heating, lighting, steam generating, cooking, refrigerating, dying etc. are included in this class
12.	Class 12	All the apparatus for transportation or locomotion by land, water, and air. are part of this class
13.	Class 13	Are you in the business of ammunition, firearms, explosives, fireworks etc? If you are, class 13 is the one to choose.
14.	Class 14	Most Precious metal and their alloys and products in precious metals, jewellery etc. fall under this class
15.	Class 15	This class entails Musical instruments and their components.
16.	Class 16	A lot of office stationery including cardboard, paper, and goods made from these materials, print matter, bookbinding, paint brushes, playing cards, printing blocks etc. are part of class 16
17.	Class 17	Products that include rubber, gum, asbestos, mica, and products that are made from these materials and not included in other classes.
18.	Class 18	Products consisting of Leather and leather-like, and articles which are made from these items and not included in other classes, animal skins, and hides etc.
19.	Class 19	It entails Non–metallic rigid pipes for buildings, asphalt, pitch, and bitumen etc.
20.	Class 20	This class is the one to choose if your products are picture frames, mirrors, Furniture of wood, cork, reed, cane and not included in any other category.
21.	Class 21	Major household and kitchen utensils, brush making material, articles for cleaning purposes etc fall under this class
22.	Class 22	Fiber products like Nets, ropes, strings, sails, sacks and bags and fibrous textile materials etc. come under this class.
23.	Class 23	This class entails products like yams and threads for textile uses.
24.	Class 24	This class entails textile and textile goods which are not included in the other classes.
25.	Class 25	Clothing, footwear, and headgear are part of this class
26.	Class 26 and 27	Products like non-textile carpet, rugs, wall hangings, linoleum, and other materials which are used for covering floors are included in these classes
27.	Class 28	Products like game and playthings, and other sporting items which are not covered under any other class. Christmas decorations.
28.	Class 29	This class includes poultry items, jams, eggs etc oils and edible oils.
29.	Class 30	This class includes coffee, tea, sugar, cocoa, rice, tapioca, spices etc.
30.	Class 31	This class includes horticulture, agriculture and forestry grains which are not included in any other class. Fresh fruits and vegetable, seeds, malt etc.
31.	Class 32	This class includes aerated drinks, beer, non-alcoholic drinks (including juices and fruits drinks) and other things which are used for preparing beverages.
32.	Class 33	All alcoholic beverages (excluding beer) are included in this class
33.	Class 34	Matches, smoker’s articles, tobacco etc are part of this final class for products.

Following are the classes given to specific services

S. No	Class	Description
1.	Class 35	Advertising and Business In this class, services which help the management in managing the affairs, the organization (commercial organization) are included. Any advertising activity in which any announcement is made to the general public at large or concerns any type of goods and services are included.
2.	Class 36	Insurance and Financial In this class, activities relating to insurance, finance sector or the monetary sector are included.
3.	class 37	Construction and Repair In this class, the work done by contractors, sub contractors, in the making or repairing work of buildings, or any restoration of work to its original state is included.
4.	Class 38	Communication In this class, services which help in communicating anything between people is covered, whether oral or visual.
5.	Class 39	Transportation and storage In this class, any service related to storage of goods in a warehouse or any other place or transporting them from one place to another is included. The transportation can be via land, air or water.
6.	Class 40	Material treatment In this class, any service which involves changing of a chemical or the mechanical composition of a substance is included. Or any other service not included in any other class on the same lines.
7.	Class 41	Education and Entertainment In this class, any service which improves the knowledge or mental capacity of a person or animal is included. It also includes services which entertain people or animals.
8.	Class 42	Any scientific and technological services or research or any development of any computer hardware or software or any legal services. It particularly includes the services provided by an engineer (designing, making blueprints etc.) or any research for medical services. But it does not include any services under business research covered under class 35, or any service under the class 36, 37, 44.
9.	Class 43	Temporary Accommodations Any service provided by a person or establishment which included the preparation of food or drinks for consumption services, or providing a bed for stay is covered under this class. It includes the services for reservation or a place of stay provided for animals. It specifically does not include any service covered under the classes 36, 39, 40, 41 and 44.
10.	Class 44	Medical Services This class covers the services related to hygiene, medical services, first aid, beauty parlor services to human beings or animals. It also includes the services which are related to the field of horticulture or agriculture but does not include the services which are already covered under classes 37, 39, 40, 41,42,43. It particularly includes the services of breeding of animals, services relating to plant growth, medical advice, services relating to artificial insemination.
11.	Class 45	Any personal or social service is covered under this class. It includes surveillance of people for the protection of their interest, safety and wellbeing. It includes social projects like matrimony services, funeral services, etc. It does not include any services which are already covered under the classes 35, 36, 39, 41, 42, 44 or any car rental services.

If the above description is still confusing to you, make sure to reach out to Regalguru for further information.

A private limited company is the business entity of choice for most businesses in India, and for a good reason. Not only, it does separate the business from the businessmen, it also provides a good structure to the trade – prepping it to become successful. India is a socialist country, providing several benefits to those who want to do commerce. Thus, the privileges of a private limited company in India are beyond standard benefits, for they provide a good vehicle to companies to not only create a successful business, but a country social contributor as well.

Special Powers that are Given to a Private Limited Company

When we talk about privileges of a Private limited company, we think about the separation of the trade and the trader, the limited liability and such, what we don’t talk about are the special privileges. Such special powers empower a company to stand tall among the old businesses while retaining their original identity:

1. Pay Zero government cost for registration: Starting a company can be a daunting thing to think about. The costs surrounding it were so large once upon a time that the word “entrepreneur” was an unknown. Not anymore. Nowadays, if you don’t have a capital to invest in your business at the moment, nothing can stop you from starting a private limited company. Moreover, the government cost of starting such a company is NIL. Yes, you only need to be a small professional fee to get your company going.
2. Start business as soon as you incorporate a private limited company: One of the greatest powers that the government gives to a private limited company is to start business immediately. If you’ve some capital invested in your company, you don’t need to wait after incorporation to do business, you can start earning right away.
3. Relax from the need to publish a prospectus: A private limited company is called “private” because no one, other than the members, and the Ministry of Corporate Affairs knows about its internal financial conditions. Therefore, a private limited company doesn’t need to publish a yearly prospectus, informing the general public about its financial affairs. For a budding entrepreneur, it’s almost natural to stumble at the start. Being able to self-assess their business, such entrepreneur can make changes on his/her own terms, without the judgemental eyes of the public.
4. Pay less to get IP registration services: As a private limited company, you don’t have to pay the applicable amount to get your patent or trademark registered. If you have startup registration certificate, the cost of such IP registration services is reduced by half.
5. File the application of private limited company registration online: Perhaps the greatest privilege of a private limited company is your ability to register it online. Private limited company registration online India is a method that allows you to easily register your company with a click of a few buttons.

Conclusion

Being able to establish your own business is a privilege, but having such a business registered as a private limited company is a bigger privilege. In this article, you’ve seen how a private limited company is able to swiftly start its business without any interruption while enjoying low cost IP Registration services, zero cost company registration services, and a confidential prospectus. Such a company can do wonders for a growing entrepreneur.

Get the privilege to do business freely by registering a company with the help of Regalguru.

Trademark registration is only valid for a limited time. Once that time ends, it’s your turn to file for trademark renewal online. Not doing so will make you lose the right to your trademark.

Despite knowing the implications of not renewing the trademark on time, people still ignore it. Why? It’s because they are afraid. After reading explanations of the process online, they fear that trademark renewal is complex.

We are going to make it simple for you. Reading this article will tell you everything you need to know about the process of renewing a trademark.

Let’s begin.

How long is a trademark registration valid for?

Trademark registration is valid for a long period of 10 years. During this period, you have the right to:

1. Use the trademark on the goods and services
2. Market your goods and services using the trademark.
3. Fight against those who use your trademark without your permission.

Once the trademark registration validity is nearing its end, you’ll receive a notification from the IP department to renew your trademark. At that time, you get two choices:

1. Either you can let your trademark die and move on.
2. Or you can start thinking about the renewal of a trademark in India.

If you continue to use the mark after it’s validity is over, the IP department doesn’t consider you the mark’s owner anymore.

What happens if you choose not to renew your trademark?

The Intellectual Property Department doesn’t force you to renew your trademark after it expires. However, keep the following consequences in mind before you make your choice:

1. Removal of the trademark from the registry: If the registrar doesn’t receive trademark renewal fees from you, they will remove the mark from the registry.
2. Those to who you assigned your trademark will lose their rights: Not going through the trademark renewal procedure won’t only be a loss for you. Those who have licensed your trademark will also suffer.
3. No protection from infringement claims: If you use the trademark after its validation is over, you don’t have any shield against false infringement claims.
4. Anyone else can use the trademark: A trademark becomes free to use by anyone onceremoved from the registry. Anyone else can use the mark you worked hard to build their brand.

However, all is not lost. The Trademark act understands that you can’t instantly renew your trademark. Thus, it provides you with some time to either renew or restore your trademark.

Also Read: how to clear objected trademark

The trademark renewal process in India

The trademark renewal process in India contains the following steps:

1. Fill the application form called TM-12. It’s the trademark renewal application form. You have to fill this form within six before the expiration of the trademark’s validity.
2. If you haven’t filed the renewal form for 3 months of these six months, the IP department will send you a notification.
3. Submit the trademark renewal fees along with the trademark renewal application.
4. Wait for the IP department to process your trademark renewal request.
5. If there are no claims against your trademark, your trademark will be renewed.

What if you miss the timeline of filing the trademark renewal application?

In case the trademark validity expires before you could file for its renewal, you get a chance to restore your trademark rights.

Within 6 months to 1 year after the expiration of the trademark’s validity, file the trademark renewal application.

The Registrar will advertise the trademark once again to invite third party objections.

If there are no objections during the trademark’s advertisement period, your trademark rights will be given back to you.

Conclusion

Don’t forget the trademark rights are finite. Prepare for trademark renewal ahead of time by contacting Regalguru.

Trademark registration process in India is something that you need to follow if you wish to own the trademark that you’ve created for your product or service after so much hard work. By going through this process and becoming the owner of your trademark, you get the power to:

1. Exclusively own your trademark
2. Take appropriate action against those who try to use it without your knowledge.

But why should care about the procedure for trademark registration?

What are the benefits that come with trademark registration?

If you’ve established a trademark and your business have prospered, the benefits start to roll in:

1. You’ll automatically generate, develop and maintain the unique identity of your brand.
2. People, upon seeing your trademark, will know who to trust for that particular product or service.
3. You can exclusively own the trademark whether it’s a symbol, word, graphic or even color or shape.
4. You can license your trademark to others if you wish to expand your business while also creating a new pipeline for further income.
5. As an intangible asset, registered trademark has monetary value. Thus, if in future you wish to move on to bigger and better options, you can sell your trademark for a substantial sum of money.

Procedure for trademark registration

If you’ve finally decided to make your brand truly your own, then this is the trademark registration procedure you need to follow to register your trademark:

1. Conducting trademark search: It will take around one day time to complete. The process to conduct the trademark search is as follows:
   1. Search in the trademark registration records to see whether or not your chosen trademark is available for registration.
   2. Conduct an online search either through the IP portal or a privatized portal.
   3. If you want the search to be thorough, don’t shy away from asking for help from trademark registration consultants.
2. File the trademark application: The time that it will take you to file your trademark registration application is 2 days. You’ll need to file a separate trademark application for a separate class and each application will cost you INR 4,000/-. The steps of filing trademark application are as follows:
   1. Enter the particulars in the trademark application including trademark name, trademark owner, list of goods covered under that trademark.
   2. Use a digital signature to submit the application for trademark registration
   3. The registrar will assess your application and try to verify whether your trademark is unique.
   4. If your trademark isn’t found to be unique, the trademark status would give you a “default”. After that, you’ll receive a notification which will give you time to file trademark reply or make the necessary corrections.
   5. if your trademark is unique, the registrar will accept your application.
3. Publication in the trademark journal: Once and if your trademark is accepted by the registrar, it will be published in the trademark journal for 4 months. A trademark journal is a document which is publicly accessible – anyone can view it. It allows general public to approve of your application and in case of any discrepancy, oppose against it.
   1. If the publishing is uneventful means if no third party comes forward to oppose your trademark registration application, you’ll obtain the trademark registration certificate.
   2. If someone opposes to your application, you’ll need to take measures to handle that situation. It involves sending and receiving evidence, court hearing and other legal functions.

What comes after trademark registration?

As you get the trademark registration certificate, your name is entered in the trademark registry besides your trademark. As per the government records, you become the exclusive owner of trademark under the trademark class you applied for.

Conclusion

Do you seek trademark registration in Delhi, or pretty much anywhere else in India? If you do, you can’t just waste your time. There are thousands of people rushing for getting their trademark registered. If you don’t want to be left behind, reach out to Regalguru. We will take you ahead of the line and get your trademark registered on time.

Trademark holds a low of power for a business. Its popularity can earn a business profit, while its notoriety can destroy a company. It’s the very reason we are witnessing more and more cases of trademark infringement. What is trademark infringement? Simply put, it’s when an organization or a person violates the trademark rights of a trademark owner.

To put it in the legal terms, trademark infringement means the violation of trademark rights which are granted to a proprietor under the trademark act, 1999.

As per the Sections 29 and Sections 30 of the Trademark Act, there are provisions which are designed to protect the rights of the owner of a registered trademark in case that trademark has been infringed by someone else.

In this article, we are going to dive into trademark infringement in great detail to explain to you:

1. What acts count as trademark infringement?
2. What acts do not count as trademark infringement?

What acts count as trademark infringement

As per Section 29 of trademark act, also called the trademark infringement section, following are the acts that the trademark regime sees as infringing upon the rights of a trademark proprietor:

1. Exact copy of the existing trademark: In this case, the trademark is infringing another by being its exact copy and rendering the same services as the other trademark.
2. Similarities between the trademarks: If a trademark is similar to a registered trademark, then by existing, it’s trying to deceive the masses. Such case where a mark is marginally similar to the one that has gone through trademark registration is counted as trademark infringement.
3. Similarity with a popular trademark: If a business or an individual is using trademark which is similar to another one with a well-known reputation, then despite the business using that mark for a different product or service, the act is considered as trademark infringement.
4. Using a registered mark without authorization: If a person using a registered trademark on packaging or labelling without the consent of the proprietor, then it’s considered trademark infringement.
5. Using the trademark in advertisements: If a party is using a registered trademark in their advertisement without the consent of the proprietor of that mark, it’s unethical way of advertisement. It has to ability to tarnish the reputation of the brand and is detrimental to the distinctive character of the mark. Thus, situations like these are also considered trademark infringement.

What acts do not count as a trademark infringement?

While the trademark infringement section 29 states the acts that are considered trademark infringement, section 30 imposes some restriction to the definition of infringement. It exists to ensure that trademark laws aren’t exploited by the proprietor to harm ethical businesses. On the other end, the person or businesses that have been alleged to commit infringement can use the following pointers in their defense:

1. Using the mark to indicate quality, and quantity of the product: In case terms similar to a registered trademark is used to indicate the quality and quantity of a product by another trademark, such case is not considered trademark infringement.
2. If the mark is used outside the scope of registration: Suppose you register a trademark named “Henry’s Clothing”. In such cases, you’ll granted trademark registration on the condition of not holding exclusive rights to the word “clothing”. Thus, if someone else uses “clothing” with their brand name, it won’t be considered infringement.
3. Implied Consent: If the user is using the mark under implied consent, then it would not be considered trademark infringement.
4. Using registered trademark in accessories and parts: Suppose a trademark is registered for a screw. Now it can be used for several products and services. If one has registered trademark for screw for automobile, other can use the same mark for the screw for TV equipment.

Conclusion

Now you know that when you do, and when you don’t need to worry about trademark infringement. For more information about trademarks or for services related to trademark registration and more, reach out to Regalguru.