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What's the point in trademark attorneys if I can copy my competitor’s trademark and use it as a template (and replace their name with my name)?

Submitted by LegalWizin on Thu, 01/23/2020 - 10:06

Trademark can prove to be a very crucial asset to a company if used and marketed properly. Trademark filing is simple yet a very technical process. A trademark attorney can guide you with the legal aspects and help you deal with the post filing hurdles like opposition or even replying to the examination report.

Do you have the right to enforce a trademark if the trademark application is pending and hasn't been approved yet?

Submitted by LegalWizin on Wed, 01/22/2020 - 11:44

No. One does not have a right to enforce a trademark before it is registered. However, a person can indicate its use and intimation that the trademark is applied for registration by using the ™ sign beside the brand name until its registered.

Further, if you find others using your brand name without your permission, you can surely claim remedy in form of passing of under civil law in India.

What are the legal requirements to start online tea business (selling globally) in India?

Submitted by LegalWizin on Wed, 01/22/2020 - 10:53

It can be either of two -

  • You own a portal for sell; or
  • You register as seller on e-commerce website.

Following general steps are required to be followed to set-up online tea business in India for selling globally, with little variation subject to above situation.

If an Indian company wants to demonstrate its product outside India, what are the legal formalities involved to do it? What documentations are required?

Submitted by LegalWizin on Tue, 01/14/2020 - 09:01

To answer this question, I would state an excerpt from an article, which talk about the steps to follow before demonstrating products outside India.

When will I have to start filing my GST returns if I opt for GST on September 12, 2018?

Submitted by LegalWizin on Tue, 01/14/2020 - 08:52

If you have obtained the registration certificate in the month of September, you are required file the GSTR-3B for the same month on 20th October, 2018.

Based on turnover, the business will need to follow Quarterly or Monthly filings (where monthly filing of GSTR-3B remains constant).

Your first reporting period will be September and as per due dates, you need to file the returns.

What are some successful startups in India, headed by non-IITians?

Submitted by LegalWizin on Tue, 01/14/2020 - 08:48

Startups from the alumni of IIMs and IITs are fad for sure. But there are plenty of successful startups founded by Non IITs and IIMs. A quick look to my phone, and I find out that most of the apps in my phone are founded by those bunch of Non IITs and IIMs.

Quick look at the apps that I have in my mobile

Bookmyshow

Can a private limited company have two managing directors? If not, what post/designation does the other person get for having an equal share in the business?

Submitted by LegalWizin on Tue, 01/14/2020 - 08:39

A company can appoint 2 or more directors, but there can only be one managing director. The other director can also be an executive director, but not the MD.

As far as the equal holding is concerned, it has no relation with the directorship. Holding shares gives you title of shareholder. So, the shareholders need to decide who will be responsible for what. If the shareholders want to give equal positioning, both can become executive directors of the company and no MD.

Managing Director: As per section 2(54) of Companies Act, 2013.

What is difference between limited and PVT limited?

Submitted by LegalWizin on Wed, 01/08/2020 - 10:56

The Term ‘LTD’ and ‘PVT LTD’ generally used for denoting Public Limited Company and Private Limited Company respectively.

As the name suggests the Private Limited company is a Joint stock company which is held by the close group of members. The Share of the Private Limited Company is freely transferable however restricted to be transferred to public in general. Minimum 2 members are required in Pvt. Ltd. Company though; the number should not exceed 200.

What are the benefits of a private limited company?

Submitted by LegalWizin on Wed, 01/08/2020 - 10:51

A Company is an organisation, registered under Indian Companies Act, 2013. A Private Company is a body corporate Incorporated with minimum of two Directors and two members (shareholders). The number of members can be increased up to 200 in a Private Company.

Choosing an organisation structure is very critical aspect where pro and cons shall be analysed carefully. Here are the Advantages of electing Private Company structure for the business.

Advantages of Private Company:

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