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Do I have to? NO.
Should I register? Yes.
Although it is voluntary, it is quite necessary for budding startups.
The businesses are now being more aware of the importance of trademark. In era of competition and highly responsive social media and web platforms, it has become essential to protect business name.
The question suggest you already have number of companies registered.
If that is the case and you want to use “Group of Companies” as part of your name, you can apply for company name.
You are required to apply for name reservation with MCA. Here, submit all the list of companies already registered. Once, approved, you can use that as part of name.
For example, Birla Group Holdings Private Limited.
No, a partnership cannot become a partner. It applies in both cases - registered and unregistered partnership.
The sole reason is that a partnership firm is not separate legal body.
Partnership firm is group of partners. If one firm wants to be a partner in another, this is how it is practically done.
Partnership Firm – A (existing firm)
Partners – Person 1 (60%), Person 2 (40%)
Partnership Firm – Y (new firm)
Partners – Person C1 (50%), Firm A (50%)
That’s what makes it legal for you.
One of the best benefit of trademark registration is its assignment by owners. Same, applies to this mark as well. The owners of Pokemon may provide you a licence for using its name or characters for limited or specified purpose.
Simply connect with the owner or its attorney with your proposal and requirement to call it an authorised use.
You will need to enter into an agreement called Licence Agreement (type of trademark assignment).
If the method of description is very generic or obvious, you will be unable to trademark it as a motto. Furthermore, you will have to prove that these words used in a certain way are a part of your brands identity. If these conditions are fulfilled, you may be able to trademark your motto.
You must consult a Trademark Attorney, who guides if the motto meets the registration requirements or not.
If you need one, LegalWiz.in experts are available on call or e-mail. Visit us for more details.
No, that doesn’t work.
You are supposed to buy a Stamp Paper of required amount from lawyers or post office. Alternatively, you can go to a bank for ‘franking’. On payment of stamp duty, bank puts the mark on respective document for paid.
Note that franking facilities are available at very few banks and their branches. Also, when you opt for franking, the date of execution shall not be mentioned on the Partnership deed.
The procedure of buying shares from one director to another is covered under section 56 of the Companies Act, 2013. It provides the provisions for transfer of shares from one director to another director.
A proper document of transfer of shares (share transfer form) is to be filed as prescribed in the Form No. SH 4.
The SH 4 form for transfer needs to be duly stamped, with adequate value, dated and executed by or on behalf of the transferor and the transferee.
The board is then required to approve the transfer in order to register the same in the members register.
Limited Liability Partnership. The name itself suggest having limited liability of owners. All the partners have limited liability. The characteristic doesn’t limit here. There is another benefit of LLP. A partner is not liable for actions of other. This specifically helps the professional firm like CA, CS, Lawyers.
Talking Cost of LLP Registration
Trademark registration is territorial in nature. If you register a trademark in India, you can claim exclusive rights over it only in India. If you plan to expand and sell in foreign countries, a separate trademark application is required to be filed in each country you wish to avail trademark registration. However, it is mandatory for the trademark to be registered in home country before filing for its international registration application.
NO. Registration of Trademark means the owner has exclusive rights over the said wordmark/ logo/ slogan/ any other mark. Specifically, if the work mark is registered, you cannot use it even in other logo.
The trademark rights do not differ with popularity or scale of business. Law is same for all.
Also, you would always prefer a unique and original business name, specially unregistered one, because the trademark rights are based on first to use basis.
