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Do new companies name themselves in a way to avoid trademark infringements?

Submitted by LegalWizin on Fri, 05/21/2021 - 04:58

The name of every company must be unique and different. Further one cannot name the company with the same word on which the trademark registration is in the process or registered. As per MCA guidelines if any name is resembling with the trademark then such name will not be approved. However, one can select the similar name for the company if the business activity is different and trademark falls under different class. Hence the name of a company must be different otherwise MCA itself will not approve it.​

How long does it takes to get a trademark certificate?

Submitted by LegalWizin on Wed, 05/12/2021 - 02:42

The trademark application can be filed in 2-3 working days but the registration process is bit longer. It takes around 6-8 months if it is processed straight through. But if the trademark receives any objection or opposition then the process will get extended and it may take a year or more than that.

Read more about process at Trademark registration process in India

What is the procedure to change your business from sole proprietary to LLP in India?

Submitted by LegalWizin on Thu, 05/06/2021 - 02:45

Technically a proprietorship firm cannot be converted into an LLP. As there is no relevant form available on MCA to convert the proprietorship firm into an LLP. Hence a new LLP has to be incorporated and then that LLP can take over the proprietorship firm. The process for incorporation of LLP is as under.

What should I do to get my single person business registered in India?

Submitted by LegalWizin on Thu, 05/06/2021 - 02:41

In India, an individual has two options to start its single person business. It can be a proprietorship firm or One Person Company.

Sole Proprietorship Firm means a single handled business which can be started very easily by registering it under Shop & Establishment or MSME or GST, etc. One Person Company can be started by registering it with the Ministry of Corporate Affairs. One can choose the best suitable form through our blog OPC or Proprietorship? Which one should you choose?

How do I refile a trademark which is abandoned?

Submitted by LegalWizin on Thu, 05/06/2021 - 02:35

The procedure to file the application again for trademark which is abandoned is similar to making a fresh application to Ministry. In the application one must add a note that the proprietor has earlier applied with the same name but the application is under the abandoned status. One must also check if someone has applied with same name or not. In such case ministry may raise an objection. But one can claim the prior user date by attaching the proofs.

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