Sahil Mehta, Author at Finaccle Blog https://finaccle.in/blog/author/sahil/ Financial services | Accounting services | Legal services in India Mon, 20 Mar 2023 06:37:20 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 Decoding Trademark Registration https://finaccle.in/blog/decoding-trademark-registration/ https://finaccle.in/blog/decoding-trademark-registration/#respond Mon, 20 Mar 2023 06:35:16 +0000 https://finaccle.in/blog/?p=1286 The legal rights connected to brand-building elements, such as symbols, logos, and corporate names, are regulated and governed by trademark laws. They are essential components of the modern business environment because they aid organisations in safeguarding their brand identities and fending off imitators and fake goods.

Today’s consumers utilise brand identification to evaluate and compare businesses, making it a crucial element of corporate success. All organisations strive to develop distinctive strategies to set themselves apart from the competition. Without their recognisable logos and brand names, can you picture what firms like Apple or Samsung’s Trademark would look like?

Such branding techniques are used by these businesses to remain memorable and increase client loyalty. Because of this, maintaining success depends on keeping their brand identity untarnished. Businesses are granted exclusive rights to their brand name, logo, and other visual symbols upon trademark registration online in surat. In addition, this section covers all the information you need to know about trademark registration, the paperwork needed, and the advantages it offers.

A trademark is any image, phrase, or grouping of letters, numbers, or other characters that sets one product or service apart from others on the market. Furthermore, trademark registration prevents rival companies from utilising identical names or logos, making it a crucial piece of intellectual property for a company. Also, they help businesses create a thorough brand identity by letting shoppers connect different visual cues with their goods.

These signals develop into the brand’s distinctive selling qualities over time, aiding in the popularisation of its goods. Also, it enables companies to set themselves apart from rivals.

For startups registered as MSMEs under the Udyog Adhaar Program, the Directorate for Promotion of Internal Trade and Industry Policy recently lowered the application fee for registering a trademark in one class by 50%.

Functions of a Trademark

1. Aids in the recognition of a good or service

2. Gives brands the exclusive right to use the distinctive visual components that define them

3. Ensures the quality of the good and the service by partnering with a reliable supplier.

4. Aids in promoting and marketing goods or services

5. Protects consumers against fake and imitation goods legally

6. Enables the introduction of a product into new markets and market segments

7. Improves the company’s reputation for reliability, integrity, and goodwill.

Types of Trademark

The Following are the example of TRADEMARK REGISTRATION that the Business may do:

  1. A picture, a symbol, a 3D object, or letters
  2. Sound markings for audio format
  3. Letter and number combination used to represent a brand
  4. The brand’s name
  5. Creating a logo or graphic

Application for Trademark

Any person, business, or other legal entity that sells goods or services may submit a TRADEMARK APPLICATION ONLINE. Also, the process of Trademark registration might take anywhere from 18 to 24 months to complete. Companies can highlight their trademark registration by including the ® (registered symbol) with their tm after successful registration.

In order to ensure the legal protection offered by the Trademark Office, businesses will also acquire a registration certificate. A registered trademark also has a ten-year expiration period from the filing date, and owners must renew their trademarks to maintain their protection.

Documents Required

  1. Copy of trademark or logo
  2. Details of the applicant
  3. Details of the products and services to be registered
  4. If the tm has been in use, mention the date of usage on the application
  5. Power of Attorney, if needed

Process of Trademark Registration

  1. Entrepreneurs should conduct research and public searches to determine whether a trademark is available because trademarks need to be distinctive and authentic. To avoid having their Trademark registration refused, applicants must first check to discover if similar trademarks are already in use before submitting.
  2.  Individuals must submit an application to the Indian Trademark Registry after selecting their trademark. They also have offices in Kolkata, Mumbai, Delhi, Chennai, and these cities. The government now permits companies to submit applications online. To make sure your application is flawless, it is advised to enlist the aid of a professional.
  3. Additionally, the examiner carefully reviews each application after receiving it and conducts a formal examination for a period of somewhere between 12 and 18 months. They publish the trademark in the Trademark Journal following the examination.
  4. People are allowed to object to the registration of TMs during this time. In the event that there is a challenge, the applicant will be required to appear at a fair hearing and defend their right to register the mark.
  5. The TM Office issues a trademark registration certificate following successful clearance, allowing you to use the ® mark. The applicant must, however, renew the trademark every ten years in order to maintain protection.

FinAccle provides a complete package that makes it simple for companies to safeguard their brand identification. Please feel free to contact one of our staff for advice and assistance on all matters pertaining to trademarks registration.

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The legality of multilevel marketing in India https://finaccle.in/blog/the-legality-of-multilevel-marketing-in-india/ https://finaccle.in/blog/the-legality-of-multilevel-marketing-in-india/#respond Fri, 03 Mar 2023 11:10:24 +0000 https://finaccle.in/blog/?p=1278 Join Us with A Minimal Investment, Make A Chain to Involve More People and Spread the Word for Our Products to Get the Financial and Quality Legal Service Benefits.” Have you ever come across such seemingly promising, cheesy, and sparkling Ponzi schemes? If you are an average middle-class person, you cannot deny it. What matters is whether you were able to avoid slipping into this trap. The topic of whether multi-level marketing is allowed in India arises in light of the fact that leading corporations like Amway and Tupperware engage in direct selling activities.

People continue to look for the list of MLM firms not providing Quality Legal Service in Surat, India due to the buzz surrounding the banned direct selling companies in India that had been the subject of news report in recent years. The intended buyers and distributors of such products are those who are significantly less knowledgeable about the specifics of current regulations. Is multilevel marketing acceptable for such target markets in India? The simplest technique to investigate the same has been done here.

Are MLM businesses permitted to operate in India?

In India, it is allowed for businesses to engage in multi-level network marketing to offer certain goods or services. Despite the fact that the idea of Ponzi schemes has been deemed unlawful, some businesses use their goods to trick consumers into making investments that eventually forward the objectives of such a scheme. Is network marketing legitimate at this point? Yes, up till such a network is established in order to create a chain of consumers buying real goods. Laws prohibit money-making enterprises that solicit contributions from individuals. Therefore, a company is more likely to fall into the category of prohibited direct selling companies in India if it generates more revenue by hiring new distributors or recruiters under the guise of networking than through its products or services. Following multiple multilevel marketing scams in India, the issue of whether pyramid schemes are legal service in the country.

In India, is multilevel marketing legal?

Is network marketing legal? According to the most recent regulations and legislation, the answer is yes, unless it qualifies as a Ponzi scheme or an unlicensed pyramid scheme business in India. It is lawful to join a pyramid scheme through a network as long as you are not asked to pay a fee to do so. The following clauses will take effect if the same is different and loses its ability to conduct business or employment legally:

Cheating is prohibited by IPC Section 420 when another person coerces a person into doing or not doing anything he could otherwise choose to do. In India, illegal pyramid schemes frequently entice consumers with exaggerated benefits.

Consumer Protection (Direct Selling) RulesIt establishes the guidelines for legislation governing multilevel marketing in India and outlaws the operation of direct selling businesses there. For the protection of consumers, such companies may pay a price for breaking the rules.

Competition Act, 2002Multilevel marketing businesses operating in India as pyramid schemes occasionally tag their items at exorbitant rates, causing the real value to climb enormously without cause. To prevent monopolistic or illegal practises in the market and to maintain Quality Legal Service, the authorities step in and regulate the pricing of such products so that the quality of the product complements the price, as stated by the Competition Act.

How Can India Check Multi-Level Marketing Frauds?

The best way to remain safe is not to look up a list of MLM firms not providing Quality Legal Service operating in India. If you are approached by allegedly forbidden direct selling businesses in India, you can determine their legitimacy by using the following guidelines:

·      Analyse the validity of any proposed advantages.

·      Avoid being duped by fictitious financial scams.

·      Verify if the company has a physical location.

·      Learn about the company’s culture, philosophy, and employees.

·      Is there a training approach used?

·      The goods and services are reliable and honest.

·      Be aware of whether you are getting compensated for product sales or   

    network development.

·      There should be a clear profit strategy or plan.

·      Profit distribution should be ongoing rather than one-time.

·      The emphasis should be on the product rather than networking.

·      target audiences include more than just low-income, jobless individuals 

    like housewives.

·      Promises of becoming billionaires suddenly are a trap

 In this case, it is preferable to be safe than sorry, especially in light of recent revelations about multilevel marketing frauds in India. Consult with FinAccLe if you believe that your direct selling business is one of those prohibited in India.

Conclusion

Given this, it makes sense why multilevel marketing is permitted in India. The laws that govern pyramid scheme businesses in India serve as a barrier to protect the interests of laypeople and regular residents. Network marketing, multilevel marketing, and pyramid schemes are all lawful as long as the emphasis is on expanding the customer base rather than on promoting the actual goods or services. It crosses the line and may end up on the list of MLM organisations that are blacklisted the day it prioritises networking and demands payment or investment to join such a network. Contact FinAccLe in Surat if you’re trapped in an illegal pyramid scheme there.

Suggestion

Multilevel marketing is generally acknowledged to be legitimate in India up until it is practised without what we can expect to be a membership fee. They are, however, the soft targets because the intended audience is the weaker segment of society that is persuaded to become “financially independent.” Little money can be stolen in the name of investment, which many mistakenly believe to be a necessary aspect of business, under the guise of a legitimate multi-level marketing organisation. Therefore, it is important to warn such targets about potential fish traps. It is your responsibility as a responsible citizen to conduct the necessary checks and raise awareness of this issue if you read this today and the following day someone presents you with a network marketing plan.

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