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Trademark Registration

How to do Trademark Registration

Trademark Registration Online in, India is most important for any business. Each type of business who wants to secure their brand name and logo of the company, they have to just go for Online trademark registration in India. Trademark Registry gives the protection of each brand name with the logo in their respective trademark class.

The Trademark Law in India at governed by Trademarks Act, 1999 along with the rules Trademarks Rules, 2017. A trademark is a distinctive sign or symbol that an individual, company or business organization uses on its products to distinguish their goods/services from those of others.

The main purpose of having a trademark is to distinguish the origin of goods and services as it helps the customers to differentiate between various products available in the market. It also acts as an advertisement for the products which ultimately increases the sale and generates goodwill of the trader.

In case of dispute related to the use of trademark, the strength, and popularity of the trademark is one of the factors courts will analyze to determine if you can stop another from using your trademark. A good trademark should be distinctive and not too close to the already existing trademark, easy to remember and short.

A trademark can be registered online as well as offline. However, filing an application online is beneficial because as per Trademark Rules, 2017, a 10% discount in fee can be availed by applicants who file electronically.

Information required to register a trademark includes name and address of the applicants and other persons in full, along with their nationality (in case of a partnership firm, full name and nationality of every partner thereof shall be given), TM-48 or Power of attorney in case a trademark application is filed by a person other than the trademark applicant. If the application is to claim priority from an earlier filed convention application, details of that application are also required (application number, filing date, country, and goods/services), date of first use of a mark, if at all used, fees that is required for registration, details of goods or services that is proposed to be registered, soft copy of the logo in JPEG format an affidavit and supporting documents (only when the trademark is already in use).

 The duration of trademark registration is 10 years from the date of application which can later be renewed for a further period of 10 years. The application for renewal (Form TM-R) along with the renewal fee can be made prior to the date on which renewal falls due.

 A trademark is designated different symbols such as a small TM i.e. ™ for trademarks which are not registered and small R enclosed in a circle i.e. ® for registered trademarks.

Procedure to Register Trademark:

Step 1: File an application for the registration of a trademark on Form TM-A along with fees and all the documents, after which an application number will be allotted.

Step 2: The Trademark Office will issue an examination report after checking all the formalities. If an objection is raised in the report then an appropriate reply is to be filed within 1 month from the date of receipt of the examination report and a hearing with the examiner may be called. If the application is still refused, then an appeal can be made to the Intellectual property appellate board. However, in case of no objection in the examination report, a trademark is published in the trademark journal for a period of 90 days for the general public to raise an objection, if any.

Step 3: If the general public does not object within 90 days of publication, the mark will be registered within 12 weeks’ time. However, if it is objected, then a hearing will be called and both the parties have to appear before the court.

Employment Laws

What are Employment Laws

Expert lawyers at the firm know detailed complexities of all regulatory and legal aspects of employment and labor laws that help clients carry on with their businesses smoothly. We serve our clients in their day to day legal issues involving compliances, statutory filings, obtaining permissions from regulatory authorities, etc.

The other services that we offer include but are not limited to:

  • Assistance in complying with Employment and Labour Law
  • Advice on Employee Rights, Employment Contract, Service Contract, Labour Disputes, Statutory Benefits
  • Structuring, transfer, termination, non-compete issues and the likes of employees
  • Employment documentation
  • Employee benefits and compensation
  • Framing employment policies for the organizations
  • Framing Employment agreement and contracts
  • Labour law advisory
  • Law on Sexual Harassment of women at the workplace
  • HR Audit
  • Drafting and vetting of Employment Agreements, Appointment letters, Termination Agreements, Non – competition agreements, Non – disclosure Agreements and other confidential agreements.
Real Estate Law

Lets read about Real Estate Law

We are the prominent Real Estate (Property Lawyers) Law

Kainth Consultants is the foremost real estate Property Lawyers & firms in Delhi NCR, India and works closely with a number of Indian Law Attorneys financers, investors, realtors, corporate and individual developers, stakeholders in both international and domestic markets in all kinds of real estate transactions striving for maximum return with minimum risk exposure.

We make our clients aware of applicable laws such as stamp duties and requirements of registration. We also assist our clients in getting licensing and regulatory approvals required from government and statutory agencies. We represent owners, developers, secured lenders, loan participants, government bodies, bondholders, borrowers, landlords, tenants.

We offer specialized services in the following areas which makes us a leading real estate law firm in India:

  • Conducting due diligence investigation in a commercial or industrial real estate transaction to discover all material facts and conditions affecting the Property and the transaction
  • Exposition services for registration of properties at sub-registrar offices
  • Rendering service to clients to receive various approvals/permission/licenses from authorities concerned
  • Vetting, conveyance, drafting and interpretation of various types of contracts/annexure such as co-partnership, joint venture, consortium, sale deed, lease deed, a general power of attorney, builder buyer agreement, special power of attorney and other legal documents
  • Evaluating and verifying title deeds, conducting title search/title inquiry of properties all over India
  • Handling legal aspects of project sanctioning, housing loan and other types of cases involving the mortgage
  • Providing services to overseas clients in fulfilling post-disbursement requirements
  • Recommending clients beyond the basic legal requirements while acquiring, disposing and transferring properties
  • Making risk assessments, advising on the compliance of different environmental laws, obtaining allowance and approvals from the authorities concerned
  • Offering consultation on tax planning related to transactions to bring down tax liability

What are Startup Law

Kainth Consultants offers a full bunch of legal research services and solutions to corporate and consulting companies. Our dedicated team of lawyers has expertise in research in laws related to corporate laws, infrastructure projects, intellectual property rights, banking, labor and employment, litigation and arbitration, aviation and aerospace, power projects, real estate, and telecommunication.

Our team works closely with the clients and manages all aspects of primary projects, accompanied by the recommendation of appropriate methodologies, project management, environment influence assessment, and data analysis to help them make the right decisions.

For legal risk analysis, we calibrate the whole case to identify solutions and also advice on the pitfalls to be avoided.

In India, a State can enact laws that are relevant to that specific State only. Our team keeps themselves abreast with the newly enforced acts, rules and regulations, customs, proposed bills, ordinance, government and departmental notifications, treaties, circulars, new amendments made in various acts, rules and regulations, etc, to inform and advise the clients on any changes that need to be brought about in their existing framework.

What is E-Commerce Law in India

Starting an online e-Commerce business involves a few more unique and complex challenges. Proficient professionals at Kainth Consultants facilitate internet-based corporate finance, rules, and regulations, and other technology-based services that help clients establish their online businesses.

We understand and minimize the impact of issues with multi-jurisdictional electronic contracts and hosting agreements while working towards:

  • Business formation
  • Funds and financing
  • Content regulation management
  • Data protection, encryption, and privacy
  • Regulation
  • Tax, etc.

What are the information Law

We are one of the leading IT Law Firms in India. Information Technology is an integral part of today’s globalized world. We at Kainth Consultants handle a range of issues related to:

  • The permanent establishment of software and infrastructure
  • Transfer pricing
  • Intellectual property
  • Privacy
  • Data protection
  • Confidentiality and information security
  • Software piracy, etc.

Rated amongst the best IT law firms in India, we combine our practical industry knowledge with intensive research to help our clients in the protection of legal, regulatory and taxation matters arising from computing and convergence of information technology. Our team of lawyers also assists clients in matters like:

  • Cyber laws (hacking, domain names, etc.)
  • Protecting brands and ideas
  • e-Commerce contracts
  • Software development and licensing
  • Software and website development agreements (hardware maintenance and system supply, beta testing, broadcasting/ satellite, and digital terrestrial agreements, etc.)
  • Legal compliance and regulatory advice
Startup Law

What is startup Laws

Start-ups face an uphill battle starting from an idea, to financing, to hiring, to distinguishing themselves from the vast crowds of competitors fighting for market share and publicity and not to mention the statutory legal and tax compliances which a start-up needs to fulfill.

We will assist Start-ups in areas including but not limited to Intellectual Property Rights, Corporate Laws, Capital Markets, Joint Ventures, and Strategic Alliances, the best law firms in mergers and acquisitions, etc.

Our expertise helps a start-up company in complying with the existing laws, adherence to the regulatory compliances, managing relationships with customers, vendors, etc., and protecting the intellectual property rights of the companies.

The following services are provided by us to facilitate new/existing startups:

  • Incorporation of Company (Public Limited Company, Private Limited Company, Limited Liability Partnership, One Person Company, etc.)
  • Registration and Recognition as Start-up with Department of Industrial Policy and Promotion (Registration with DIPP ensues Tax Holidays, Tax Rebates, Relaxed Labour and Environmental Compliances and also Benefitting IPR Regime).
  • Help in Procuring funding (Procuring/Managing Funding from Angel Investors )
  • Drafting and vetting of contracts of commercial nature
  • Mandatory Taxation and Statutory Compliances –
    • Obtaining Permanent Account Number (PAN)
    • Obtaining Tax Deduction Account (TAN)
    • Obtaining Import Export Code (IEC) (for export of services & goods)
    • Obtaining Value Added Tax (VAT) (for trading businesses)
    • Obtaining Service Tax Registrations (for the rendering of services)
    • Accounting and Book Keeping
    • Statutory Audit under Companies Act, 2013
    • Tax Audit
    • Annual Filings with the Registrar of Companies
    • Annual Income Tax Return filing
    • Quarterly filing of TDS returns
    • Monthly e-filing of VAT returns
    • Half-yearly filing of Service Tax Returns
    • Maintaining of Statutory Registers, Minutes Books,
    • Helping Companies hold Board Meetings, AGM, etc.
  • Awareness and Adoption of the Intellectual Property Rights (Facilitate Filing of Patents, Trademarks, and Designs by innovative start-ups)
  • Facilitating Start-ups in Manufacturing Sector (Areas in priority sector and also Procurement of Products by PSUs)
  • Winding-Up and Exit Strategies for Start-ups.
  • Litigation (Patent & Trademark Infringement, Contractual Disputes, Representation before Taxing Authorities, Contracts of Commercial Nature and Arbitration).
Infrastructure Law

What is Infrastructure Law

Kainth Consultants provides assistance in setting up Infrastructure Projects in India. The firm has associations with various experts from sectors of Power, Telecom, Real Estate, Roads and Highways to provide advice on Technical, Financial, Collaborative and other aspects.

The assistance for the same offered by the firm revolves around the following areas:

  • Assistance in identifying opportunities in India and understanding the regulatory atmosphere
  • Assistance in conceptualization and documentation necessary for setting up infrastructure projects
  • Drafting, vetting and advising on multiple agreements such as Collaboration Agreement, Consortium Agreement, etc.
  • Preparation of Bid Documents for procuring Engineering and Construction Contracts
  • Legal assistance in Environmental Compliances, Contracts and Regulatory Matters in Public-Private Partnership Projects
  • Advice on diverse laws relating to land acquisition, FDI policy in India, etc.
Institute

A path to education or Fool School

we should not join a fool school let’s choose wisely what exact education is mean and what should we care while planning any study. As Read below how to identify & invest our money wisely, I want each one of you to share this post as much as you can with your friends so they can get to know how they are going to the path of fool schools.

1) Do not fall for Advertisement: First of all, realize that it’s not like choosing a fairness cream by seeing tv commercials or claims, it is your career and the costs involved is huge. So choose wisely & use your brain, I will tell u how.

2) False Claims: Many Institutes claims to give you 100% placement guarantee or assistance. Firstly identify these words, assistance normally means they will send you for interviews or inform you about interviews which are already happening. Now 100% placement guarantee is very tricky. But still, you should look beneath the words.

( They only say placement, won’t specify whether as Manager, Counselor, Receptionist, etc) most of the time, they put you into jobs with a salary as low as 7000 to 10000 in Salon, Hotels, Spas or Clinics a very sorry state, as we don’t even need a course to become a Receptionist just general counseling by any consultant is enough to get a job easily after study.

3) Teaching Subjects: All centers teaching you subjects like Beauty Tricks, Technique, Front Desk Management, Aviation, Hospitality, Tourism, Ticketing are simply making a fool of you. when you go for studies of subjects which are not approved by any standard authority than its totally waste of your money and time.

4) Certification: So Many certifications are distributed by academy and institute in the name of job sake but exactly no academy is perfectly known what actually they are providing. Proper validation of certification is always required for the academy which is approved by the standard authority of departments.

5) Hefty Course Fees: All of them just want money from your pocket. they teach many subjects so that the duration is extended to 1 year or more. if the duration is more, They will charge you fees around 1 lakh to 2 lakh & more. I am really sorry to say bigger the course fee the biggest fraud they are.

6) On the job training: Many academies say they provide on the job training just after the course & send you all to Salon, Hotel, Restaurants units, Hotels or Airport for 1 month. Sadly children don’t know that these experience does not matter at all, but they highlight this and charge students separately for this. Better to attend general educational seminar or tours.

Conclusion

These may feel like a nail in our head. But unfortunately, this is the reality in our country. if you have waste You money in some training, you can relate to any of these, make sure that u share this post to the maximum & save billions of hard earned money.

FREE WORKSHOPS FOR STUDENTS

If You feel you need any educational counseling after your studies. you can apply in our free workshop or courses where we will guide you which course or study is perfect for your career. our events and workshops are open for everyone who wants to attend the workshop can click here and register prior.

CLICK HERE

What is Arbitration law

Kainth Consultants is a leading Arbitration law firm in India, which has developed a high specialization in the field of Best Arbitration law firm. Our services include international Arbitration law firms to our global clients at affordable prices in India & across the globe. The firm has vast experience in handling international and domestic arbitration arbitrations and other forms of Alternative Dispute Resolution (ADR) such as mediation and conciliation covering various disciplines of commercial arbitration in India including Construction, Investment, Supply, Oil and Natural Gas, Technology, Infrastructure, Mining, Technology. The firm has represented various clients keeping in mind the best interests of the client.

The firm and its partners have experience and expertise in handling complex arbitrations involving multi jurisdictions before various arbitral institutions of India and abroad. We have a dedicated team of lawyers with specific expertise to meet our client’s requirements and handle complex arbitration matters both in India and abroad. Our attorneys have acted as counsels and arbitrators in high stake arbitrations providing the best advice and support in resolving disputes.

Services provided by our Firm include:

  • Conducting domestic arbitration under the Arbitration and Conciliation Act. 1996 and ICA rules
  • Conducting International Arbitration under UNCITRAL and ICC Rules
  • Rendering mediation services to clients
  • Enforcing and challenging enforcement of Arbitral Awards
  • Appointment of arbitrator through the High Court of Delhi and Supreme Court of India
  • Representing clients before the High Courts and Supreme Court in arbitration petitions
  • Advising clients on the appropriate venue of arbitration and choice of procedural and substantive law
  • Representing clients before arbitral tribunals with regard to disputes arising out of agreements containing an arbitration clause
  • Applying to stay proceedings brought in breach of arbitration clauses
  • Drafting and Vetting of arbitration agreements
  • Providing domestic ad-hoc Arbitration services
  • Providing Domestic Institutional Arbitration services
  • Advising clients and handling arbitration cases related to Commercial Contracts, Collaboration Disputes, Contractual Disputes, Construction Agreements, Service Agreements, Joint Venture Agreements, Supply Contracts, Marketing Agreements, Sale Agreements, etc.
  • Advising clients on conciliation and mediation matters
  • Advising clients on alternative dispute resolution laws and procedures
  • Enforcement of International arbitration awards in India and Challenging of awards passed in India