Wednesday 29 November 2017

Startups Intellectual Property Right Protection Scheme

Startups Intellectual Property Right Protection Scheme

Intellectual Property Rights are very important asset for Startups in India and it is important to protect them by taking effective measures. Intellectual Property Rights are very effective tool for any Business Organisation to boost Industrial Competitiveness. Various business groups should focus to protect their IP (Intellectual Property) along with other important things. The Startup India Action Plan 2016 through the “Scheme for Facilitating Startups Intellectual Property Protection” promotes Intellectual Property Registration. The scheme for facilitating Startups Intellectual Property Protection is made to protect Patent, Trademarks and Designs of Startups.
Scheme for Facilitating Startups Intellectual Property protection (SIPP)
The scheme is released by the Office of Comptroller General of Patents Designs and Trademarks on 22nd April 2016 with the objective to protect and promote Intellectual Property Rights awareness for Startups in India. By this scheme the appointment of experienced and registered Trade Marks /patent Agents as Facilitator to guide and help the Startups in matters relating to protection of Intellectual Property. The Startups shall not have to pay any kind of fees for availing services from the Facilitators because they are directly paid by the Central Government. The Objective of this Scheme is to assist the Startups in protection and promotion of their Intellectual Property by providing good IP services. This Scheme is designed to promote awareness and adoption of Intellectual Property Rights.
Intellectual Property Facilitators
For the effective implementation of the scheme the Controller General of Patent, Trademark and Design appoint Facilitators to assist the Startups in protecting the Intellectual Property Rights. There is a list of persons who can be appointed as Facilitators:
  • Any Patent Agent registered with the Controller General of patent, Design, Trademark (CGPDTM)
  • Any Trademark Agent registered with the Controller General of Patent, Design, Trademark (CGPDTM)
  • Any Advocate as defined under The Advocates Act, 1961 who is actively involved in filing and disposal of applications for Patents, Trademarks and Designs.
  • Government Departments, Organisation, Agencies.
Functions of Facilitators
The functions of Facilitators are decided by the Controller General of Patent, Design, and Trademark (CGPDTM). The Facilitators provides following Intellectual Property Protection Services to the Startups:
  • It provides general advice on different Intellectual Property Rights to Startups.
  • It provides assistance in filing and disposal of the Intellectual Property applications related to Trademarks, patents, designs.
  • It provides assistance for inventions of Startups.
  • It prepares and files responses to examination reports and other notices, letters by the IP office.
  • It appears at hearing on behalf of the Startup.
  • It contests opposition by other parties.
  • It provides information on protection and promotion of IPR to Startups in other Countries.
These are the basic functions of Facilitators which they are bound to perform during their duty. The facilitators can be removed from the office by Controller General of Patent, Design, and Trademark (CGPDTM) if:
  • He receives any information about the professional misconduct of Facilitator.
  • He receives any complaint from the Startups.
Intellectual Property Rights are very important tool for a Business Organisation in achieving the success. It is the main reason why we should protect the IPR in Startups. Every Startup should have the knowledge of protecting the Intellectual property (Patent, Trademarks, and Designs etc). For the protection of Startup IP the Central Government had taken a good initiative by making the scheme for facilitating Startups IPR. For the effective enforcement of the scheme the Government appointed facilitator. These Facilitators provides the advice and assistance to Startups in protecting the Intellectual Property. They also provide awareness to the Startups to protect their Intellectual Property Rights. Overall this Scheme is objected to protect the Startups Intellectual Property Rights.
Author: This blog is written by Ms. Harshita Jangid, a passionate blogger & intern at  Aapka Consultant.
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Startups Intellectual Property Right Protection Scheme


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Thursday 23 November 2017

Colour Trade Mark in India

A Trade mark is a symbol of representation of goods and services of one person which distinguishes them from similar goods and services. It may include device, brand, heading, label, name, numeral, shape of goods. Trademarks are used to identify the goods and services from particular business. For the protection of trademarks the trademark registration is necessary. A trademark registration can also be obtained for colours which represent a business. In order to obtain colour trademark registration, the colour or combination of colours must be capable of distinguishing the products of one entity from other entity. Colour is the important factor of branding because many brands are known to the consumers on the basis of colour.
Colour as a Trade Mark
Section 10of the Trade Marks Act states that trade mark can be limited to particular colour or combination of colour. A person can register the colour trademark. The Trademarks Act clearly states that trade mark include colour or combination of colours which is capable of distinguishing the goods and services from other similar goods and services. The applicant (who wants to avail the registration) has to show the evidence which proves that particular colour combination is associated with the applicant or completely designates his goods/services. To constitute a colour as trademark two conditions need to be fulfilled:-
  • The colour or combination of colour is capable of distinguishing a product from other similar products.
  • The colour or combination of colour is exclusively connected with the applicant who wants registration of Colour as trade mark.
Registration of Colour Trademark
The procedure of registration of colour trademark is provided in the Trademark Act. First of all, the person who wants to acquire registration is required to file an application for registration of trademark in respect of goods or services to the competent Registrar of trademark. The Registrar may either refuse or accept the application. If the Registrar accepts the application then the next step is to advertise the application. When an application has not been opposed and accepted, the registrar registers the particular trademark.

Registration of Single Colour Trademark
Registration of single colour trademark is granted only in irregular cases because many of the average consumers not assume the origin of goods and services based exclusively on their colour. It can be registered if two things are there:
  • If it is very unusual and peculiar in a business.
  • If it is recognised by consumers that it serves as a symbol of origin for particular goods.
In most of the cases application for single colour trademark registration is objected by the Trademark Examiner because they lack the capacity to distinguish particular goods from similar goods.
Registration of Combination of Colour Trademark
A combination of colours can be registered. Two things are required for this purpose:
  • They should be unique.
  • They are capable of distinguishing goods and services from similar goods and services.
To receive combination of colour trademark registration it is necessary to prove that the colours are likely to strike the consumer as an indication of trade source.
To avoid any kind of objection evidences should be presented at the time of registration which clearly shows that colour trade mark is capable of representing product of a particular business organisation and it is exclusively related to the that business only. In India single Colour trademark registration is very rare. The amount of Combination of Colour Trademark registration is high. The procedure of registration of both type of trademark is similar. In India, Business Organisations can acquire Colour or Combination of Colours Trademark by adopting the procedure of registration.
Author: This blog is written by Ms. Harshita Jangid, a passionate blogger & intern at  Aapka Consultant.
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Wednesday 15 November 2017

ONLINE BUSINESS IDEAS IN INDIA 2017

ONLINE BUSINESS IDEAS IN INDIA 2017

Online Businesses have emerged drastically with the advancement in technology and banking. A traditional business practice involves a buyer, a seller and a market place. There is personal touch and direct money transaction. In online businesses, however, the physical market is eliminated and a wider, virtual platform is created. This platform is available to anybody and everybody who is connected with the worldwide web. And this is just one of the dozens of other reasons why online businesses have started to make more sense and proved to be more profitable in the last decade.
  • Minimal investment
  • Readily available market
  • Easy management
  • Minimal workforce requirements
  • Easy to dissolve
The best thing about this form of business is that one can set feet in various arenas of business without having to worry about making huge investments. Creativity and skill play a major role in business-hopping still.
Some of the best online business ideas which have emerged/ sustained in 2016 are –
BLOGGING- In simple terms, blogging refers to writing about events, situations, social topics, passions or life in general and sharing them with the world on a virtual platform. The thing about blogging is that once you start writing a blog, you won’t really think of it as a source of money making but engaging in ones hobby of writing and sharing. All it takes is creating a blog on WordPress or Blogspot and keep filling it up with content until one day you have enough viewers who have read and shared your work. As the network of reader increases you can start making money through one or more variety of income streams. Sometimes the website which holds your blog might even ask you to start paying for the space you occupy but it will be nothing compared to the royalty you generate from the readership.
RETAIL– Online retail is basically platforms which provide online shopping facilities to customers. It is directing the goods and services from a seller over the internet using a web browser and delivering it to the customer at his doorstep. This is popular and not restrictive to those individuals who can arrange and invest on a large scale as to compete with online shopping giants like Flipkart and Amazon. All one needs is minimal investment, sellers, a website, access to various payment options and goods to sell.
CONTENT WRITING– Content writing is similar to writing blogs. Except it is written for somebody else on the basis of a certain specifications given to you prior the content is written. Most companies have tie ups with advertising agencies to advertise their products. However, what they usually lack is catchy descriptions to advertise their product with. The job of a content writer is to very crisply elaborate on the uses and benefits of a product or an idea for the company to use.
ANIMATION AND GRAPHIC DESIGN– Animators are geeks who have proficiency in technology. Animation can be learnt as side course or one can graduate training as a career advancement option. Animators make motion pictures out of two dimensional images. A graphic designer, on the other hand, has a much simpler job of creating two dimensional images which are usually used as logos, etc..
CONSULTATION– Online consultations are popular on the internet. The consultation present ranges from medical consultation to legal to business to educational to so on and so forth. One is required to ensure that the consultation provided or the content shared is 100% legitimate and reliable. If you have expertise in any field, consultation should be a good business option for you.
SELLINGMUSIC– SellingMusic is another online business to start with. You can record and sell your music online at marketplace like AudioJungle, Pond5 or Bandcamp. Music is the most selling product on the internet after clothes and books.
MAKING APPS– If you are a good programmer then you can also start an online business which involves making apps. You can get these apps verified by Google or other such bodies and then sell them to people.
FREELANCING- Freelancing is another best online business opportunity to explore. There are number of best freelancing sites where you can signup & provide number of services to the people or companies.You can charge a fixed amount or on hourly basis for a particular project. There are many online services you can provide as a freelancer.
Author: This blog is written by Ms. Falaq Patel, a passionate blogger & intern at  Aapka Consultant.
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Friday 10 November 2017

LEGAL DOCUMENTATION FOR E-COMMERCE STARTUPS

LEGAL DOCUMENTATION FOR E-COMMERCE STARTUPS
If you are starting a new business, these following legal documents for e-commerce startups can make the difference between a successful venture and one that is headed for failure:-
  1. FOUNDERS AGREEMENT
A Founders’ Agreement outlines the roles and responsibilities of the founding members of a company, the equity vested in them, the ownership of intellectual property created by them etc. It is a broad agreement covering various aspects of the venture that the founders are about to undertake, including the consequences of their departure or death.
If you want to get it drafted from our legal experts, then kindly click here

  1. VENDOR/SELLERS AGREEMENT
A Vendor Agreement is an agreement stipulating the conditions under which the work is to be performed by the vendor. It is a comprehensive agreement covering various aspects such as the quality of goods supplied or service provided, duration of the contract, terms and mode of payment. Such an agreement would be useful to those hosting a large event (a trade exhibition, for example) where several vendors will be selling their wares.
If you want to get it drafted from our legal experts, then kindly click here

  1. NON DISCLOSURE AGREEMENT
A non-disclosure agreement (NDA) is a legal contract stating that certain information is confidential, and the extent to which its disclosure is restricted to third parties. It can be entered into with a person or organisation. Confidential information includes trade secrets, business plans, business methods and strategies, drawings, charts and more. Software programs and code are also confidential information.
If you want to get it drafted from our legal experts, then kindly click here

  1. WEBSITE TERMS & POLICIES
All online businesses need a terms of service agreement and privacy policy prominently displayed on their website. Most users ignore them and perhaps wonder whether they’re of any use at all, but all entrepreneurs know their importance. The terms of service agreement explains the conditions on which service is being delivered. Privacy Policy: Website Privacy Policy Agreement is a legal document which states that any information which is being gathered by any website will not be disclosed to the third party without any permission or legal action. According to the Information Technology Rule, 2011 in India there is a corporate body to provide a privacy policy for handling of or dealing in personal information, making the privacy policy a must-have for websites. Disclaimer: A disclaimer is a statement/notice informing the user of any product or service of the possible consequences of the same. The law mandates the display of a disclaimer in certain cases, such as where there is an inherent risk of harm to one’s health (the warnings displayed on cigarettes are a prime example), but are used commonly in all product and service literature. A disclaimer helps to clearly establish/limit one’s rights and liabilities with respect to the user of a particular product or service. It is used in situations which involve an element of risk or uncertainty.
If you want to get it drafted from our legal experts, then kindly click here

  1. NON-COMPETE AGREEMENT
A Non-Compete Agreement is a contract between two parties, where one party agrees not to compete with the other for a period of time. It lessens the possibility that knowledge gained by an employee or business partner will be used in the future to compete against them. In return, for not competing, the party is paid a fee. In most cases, the Non-Compete Agreement would prevent someone who signed it from competing directly, or from working for a competitor. This agreement outlines the duration of the agreement, any geographical limitations, and what subjects or markets it covers.
If you want to get it drafted from our legal experts, then kindly click here

  1. FRANCHISE AGREEMENT
It is a legal contract between a franchisor and a franchisee. The agreement’s content can vary depending upon the franchise’s system, the state jurisdiction of the franchisor, the franchisee, and the arbitrator. It provides the investor with a product, a branded name and recognition, and a support system.
If you want to get it drafted from our legal experts, then kindly click here

  1. MEMORANDUM OF UNDERSTANDING (MOU)
A Memorandum of Understanding (MoU) is a document in which two or more parties declare that they agree on a common course of action or business. It is the first stage of the making of a contract. An MoU is generally recognised as binding even though it creates no rights and obligations in itself. To be legally operative, an MoU must identify the contracting parties, spell out the subject matter of the agreement and its objectives, summarise the essential terms and must be signed by the contracting parties.
If you want to get it drafted from our legal experts, then kindly click here

  1. JOINT VENTURE AGREEMENT
A joint venture (JV) agreement is entered into by a group of persons or companies to do business together or to collaborate on a particular project without losing their individual legal identities. Such an agreement is legally binding and clearly lays down the areas of cooperation and divergence, and makes provisions for profit-sharing and operations. Usually, before entering into such a formal agreement, the parties sign a Memorandum of Understanding (MoU).
If you want to get it drafted from our legal experts, then kindly click here

  1. NON-SOLICITATION AGREEMENT
A Non-Solicitation Agreement is a contract whereby an employee agrees not to solicit a company’s clients or customers, for his or her own benefit or for the benefit of a competitor, after leaving the company. It can also include an agreement by the employee not to solicit other employees to leave when he or she quits or otherwise moves on.
If you want to get it drafted from our legal experts, then kindly click here
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Trademark Classes

Trademark Classes

Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed plastics; chemical substances for preserving foodstuffs;
Paints; varnishes; preservatives against rust and against deterioration of wood; colorants; metals in foil and powder form for painters; decorators; printers and artists;
Bleaching preparations and substances for laundry use; cleaning; polishing; abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions;
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks;
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; disinfectants; fungicides, herbicides;
Common metals and their alloys; metal building materials; small items of metal hardware; pipes and tubes of metal; goods of metal not included in other classes;
Machines and machine tools; machine coupling and transmission components; agricultural implements other than hand-operated; incubators for eggs;
Hand tools and implements (hand-operated); cutlery; side arms; razors
Scientific, electric, photographicl, measuring, apparatus for recording, transmission or reproduction of sound or images; data processing equipment and computers;
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials;
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes
Vehicles; apparatus for locomotion by land, air or water
Firearms; ammunition and projectiles; explosives; fire works
Precious metals and their alloys and goods in precious metals; jewellery, precious stones; horological and other chronometric instruments
Musical instruments
Paper, cardboard and goods made from these materials; printed matter; stationery; brushes; typewriters and office requisites; plastic materials for packaging;
Rubber, asbestos, mica and goods made from these materials; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes;
Leather and imitations of leathe; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery;
Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Furniture, mirrors, picture frames; goods of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum or of plastics
Household or kitchen utensils and containers; combs and sponges; articles for cleaning purposes; unworked or semi-worked glass; glassware and earthenware;
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags, padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials
Yarns and threads, for textile use
Textiles and textile goods, not included in other classes; bed and table covers.
Clothing, footwear, headgear
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)
Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jams, fruit sauces; eggs, milk and milk products; edible oils and fats
Coffee, tea, cocoa, sugar, rice, tapioca, sago; bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar; spices; ice
Agricultural, horticultural and forestry products and grains; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt
Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Alcoholic beverages(except beers)
Tobacco, smokers’ articles, matches
Advertising, business management, business administration, office functions.
Insurance, financial affairs; monetary affairs; real estate affairs.
Building construction; repair; installation services.
Telecommunications.
Transport; packaging and storage of goods; travel arrangement.
Treatment of materials.
Education; providing of training; entertainment; sporting and cultural activities.
Scientific, design and technological services; industrial analysis and research services; design and development of computer hardware and software.
Services for providing food and drink; temporary accommodation.
Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

For more info regarding Trademark Registration, please visit following blogs:-
  1. Trademark Registration Process
  2. Importance of Trademark Registration in India
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