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Is there any risk if I share soft copy of my Indian business partnership deed with someone?

Submitted by LegalWizin on Tue, 08/25/2020 - 03:16

Probably no and it largely depends on intention of the other party.

However, partnership deed is a Private Document between partners and need not to be shared. On other side, you may require to share it with your consultant, which is need of hour. So you need to decide if sharing this document can be overlooked or not.

Can I use a different name for business in online apart from the business name registered in an MCA?

Submitted by LegalWizin on Tue, 08/25/2020 - 03:00

No, you cannot use different business names, rather you can use different product names or brand name stating it is owned by ‘so and so’ entity.

Actual identity of the business must be revealed. In case you want to trade in different names, you can surely opt for business registrations in such name.

If you have any query or doubt in this, feel free to drop it in comment section.

What does LLP stand for in the name of an organization in small business?

Submitted by LegalWizin on Tue, 08/25/2020 - 02:58

The suffix LLP refers to an organisation type called the Limited Liability Partnership which is formed and registered under Limited Liability Act, 2008.

The LLP is formed with numerous characteristics such as limited liability and separate legal existence. Any person dealing with such entity must be aware about its status. Therefore, such organisation registered under LLP Act must use suffix “LLP” as part of their name.

What compliance private limited company has to comply if it wants to acquire the assets and liabilities of an LLP?

Submitted by LegalWizin on Tue, 08/25/2020 - 02:53

Any company can acquire assets and liabilities of the LLP by following procedure as provided. One should make a checklist for all the compliance included in the procedure as under.

  • Conducting a search for an LLP
  • Identify all assets and liabilities of the LLP
  • Passing Board resolution in company as well as LLP
  • Appointing an auditor for valuation
  • Preparing and passing scheme for acquiring assets and liabilities
  • Transfer of assets and liability by entering into agreement

Why do limited liability companies convert to partnership?

Submitted by LegalWizin on Wed, 08/19/2020 - 03:09

Basically both Limited Liability Partnership and Partnership firm are similar with few differences in terms of liability and organizational structure. The liability in partnership firm is unlimited and in LLP it is limited and Partnership firm is govern by Partnership Act and LLP is govern by LLP ACT. There are some reasons due to which some are converting their LLP into Partnership firm which are as under

To avoid annual filing with MCA and hefty penalties due to non-compliance

What is the difference between “trade mark” and “registered” or “TM” or “R”?

Submitted by LegalWizin on Wed, 08/19/2020 - 02:58

The difference between “TM” and “R” is as similar to applied for a loan and sanction of loan by bank. Here, “TM” means one has applied for trademark and it is in process of registration. After clearing objections, if any, one will get the registration certificate and then “R” mark can be used on the brand name or logo.

Learn more about using the ™ and ® at https://www.legalwiz.in/blog/i-applied-for-trademark-should-i-use-r-or-tm

How do you get trademark registration?

Submitted by LegalWizin on Wed, 08/19/2020 - 02:52

The process of trademark registration is divided in number of stages since the application filed. Even before filing the application for registration, there are few steps.

Once the brand name or logo or slogan is decided, the first step will be to check applicable classes and decide in which class the application is to be made.

The next step will be to check the availability in the applicable class(es). Based on the search result, you need to decide to proceed for filing application.

How do I register a foundation with a name and a logo?

Submitted by LegalWizin on Wed, 08/19/2020 - 02:46

Foundation is not a business form but it is generally used to refer charitable organisation. The charitable organisations can be registered as trust, society or Section 8 company (under Companies Act, 2013).

Based on the preferred organisation structure, the registration process will be followed.

As far as name and logo is concerned, it can be registered and protected by trademark registration in India. The TM registration will follow the business registration.

What are the legal remedies available if someone else starts using my trademark which is already file for trademark registration to registry office?

Submitted by LegalWizin on Tue, 08/11/2020 - 03:35

There can be two possibilities - One where trademark is registered and other where the application is under process of registration.

Upon receipt of registration certificate, you can claim the remedies of trademark infringement in form of injunction, damages and custody of infringing materials.

If the trademark not registered yet, the event is called as passing off. The remedies for passing off are available under civil law.

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