Word format of TM-A (Application for registration of a trademark)

FORM TM – A
The Trade Marks Act, 1999
Application for registration of a trademark

[The relevant information must be filled up in coloured box against the respective head]

1 NATURE OF THE APPLICATION:  
[(a) The applicant must choose either of the following categories-
1. Standard trademark, 2. Collective Mark, 3. Certification Mark, 4. Series Marks
Standard trademark here means an application for registration of a trademark not being a Collective or Certification trademark or Series of marks
(b) In case of Collective Mark or Certification Mark the draft regulations with form TM-M must be submitted.]
2 Whether application filed as

(Please choose and specify)

In case of startup/ Small Enterprise, requisite certificate should be provided.

 
  FEE:  
3 APPLICANT  
Name: *  
Trading as:  
Address:*  
  (State)                                         (Country)
[ This address should be the address of the applicant’s principal place of business in India]
Address for service:  
  (State)                                         (Country)
[(a) Unless otherwise specifically stated, the applicant’s address shall be the address for service of the applicant who has principal place of business in India.
(b) The address for service in India must be provided, in case the applicant does not carry business in India]
Mobile No.:  
E-mail address*:  
Nature of the applicant:  
[The applicant must choose either of the following categories-

1. Individual, 2. Partnership Firm, 3. Body-incorporate including Private Limited/limited Company, 4. Limited Liability Partnership,5. Society 6. Trust 7. Government Department 8. Statutory Organization. 9. Association of persons 10. Hindu Undivided Family

4 APPLICANT’S AGENT (if any):  
Name*:  
Address*:  
[In case of authorization of agent, the address of the agent may be

mentioned as the applicant’s address for service]

 
Mobile No.* :  
E-mail address*:  
Nature of the Agent:  
[The applicant must choose either of the following categories-
1. Registered Trade Marks Agent, 2. Advocate 3. Constituted Attorney]
Registration No.:  
5 TRADEMARK: (trademark to be mentioned here)
Category of mark:  
[The applicant must choose either of the following categories-
1. Word mark (it includes one or more words, letters, numerals or anything written in standard character),

2. Device mark (it includes any label, sticker, monogram, logo or any geometrical figure other than word mark),

3. Colour (when the distinctiveness is claimed in the combination of colours with or without device),

4. Three dimensional trademark (it includes shape or packaging of goods),

5. Sound

Description of the mark:  
[(a) Description of mark must be provided in terms of Rule 26.
(b) In case of trademarks submitted in specific combination of colours other than black and white, it shall be presumed that the distinctiveness of the mark is claimed in that combination of colours and application will be considered accordingly.
(c) In case of colour marks the description may be like “The trade mark consists of three vertical stripes in the colours PURPLE, GREEN and YELLOW applied to the fascias of buildings and to doors as shown in the representation of the mark.”
(d) In case of sound marks representation of specific musical notes must be submitted at the place provided for the trademark. The applicant is also required to submit sound clipping in MP3]
6 IF MARK IN A LANGUAGE OTHER THAN HINDI OR ENGLISH:  
Language:  
Transliteration of the mark in roman script:  
[Transliteration of the mark in roman script must be provided in case the mark is in a language other than Hindi or English
Translation of the mark in English:  
[Translation of the mark in English must be provided in case the mark is in a language other than Hindi or English
7 Conditions or Limitations to use the trademark, if any  
8 CLASS OF GOODS OR SERVICE: DESCRIPTION OF GOODS AND SERVICE:
   
9 STATEMENT AS TO USE OF MARK: [ ] Proposed to be used
  [ ] The mark is used by the applicant or its

predecessor in title Since…………………………………. in respect of all the goods and/or service mentioned in the application.

[(a) The applicant must select either of the above
(b) The date of use must be given in the format (DD/MM/YYYY) and shall refer to all items mentioned in the application.
(c) In case the use of the Trade Mark is claimed prior to the date of application, the applicant shall file an affidavit testifying to such use along with supporting documents
(d ) The statement as to use of the mark once made shall be final]
10 PRIORITY CLAIM, IF ANY:  
Priority claimed since  
Priority claim based on application filed in the Convention Country or

organization

Name of the country or organization
Priority Application No.  
[The priority must be claimed in respect of all goods and services mentioned in the application]  
11 ANY OTHER IMPORTANT INFORMATION OR STATEMENT:  
[Applicant may provide here any other information or statement in relation to his application]
12 VERIFICATION: I hereby verify that above mentioned facts are true and correct to best of my knowledge and belief.
13 DETAIL OF THE PERSON SUBMITTING THE APPLICATION:  
Signature:  
Name:  
Authority:

Click Here 2 Download Word Format of FORM-TM-A

 

 

Trade Mark Rules 2017

Image result for Trade mark rules 2017The Trade Mark Rules, 2017 have been notified and have come into effect from 06th March, 2017. These Rules, which replace the erstwhile Trade Mark Rules 2002, will streamline and simplify the processing of Trade Mark applications. Some silent features:-

  • Number of Trade Mark (TM) Forms have been reduced from 74 to 8.
  • To promote e-filing of TM applications, the fee for online filing has been kept at 10% lower than that for physical filing.
  • Based on stakeholders feedback, the fees for Individuals, Start-ups and Small Enterprises have been reduced from that proposed in the draft Rules i.e. only Rs 4,500 as against Rs 8,000 for e-filing of TM applications proposed at the draft stage.
  • Modalities for determination of well-known trademarks have been laid out for the first time.
  • The provisions relating to expedited processing of an application for registration of a trade mark have been extended right upto registration stage (hitherto, it was only upto examination stage).
  • Over all fees have been rationalized by reducing the number of entries in Schedule I from 88 to just 23.
  • Modalities for service of documents from applicants to the Registry and vice-versa through electronic means have been introduced to expedite the process; e-mail has been made an essential part of address for service to be provided by the applicant or any party to the proceedings so that the office communication may be sent through email.
  • Hearing through video conferencing has been introduced.
  • Number of adjournments in opposition proceedings has been restricted to a maximum of two by each party, which will help dispose off matters in time.
  • Procedures relating to registration as Registered User of trademarks have also been simplified.It may be recalled that the examination time for a TM application has already been brought down from 13 months to just 1 month in January 2017; this is despite a stupendous 35% jump in TM filings in 2015-16 vis a vis the previous year. The new Rules should give a boost to the Intellectual Property Regime in India.

Click here to view notification..!!

Major Changes in Budget 2017

Image result for budgetHello everyone; trust all of you doing well; Hope you will enjoy this update with us. Topic – Changes in budget 2017

  1. Turnover of companies upto 50 crore – tax will be 25% instead of 30%
  2. MAT credit carry forward for 15 instead of 10 years
  3. Long term capital gains on Property period reduced from 3 to 2 years
  4. Base Year for indexation now 2001 instead of 1981
  5. Presumptive tax for small traders with turnover upto 2 crore under 44Ad now 6% instead of 8 % for full non cash turnover
  6. Cash expenditure now allowed only 10000 instead of 20000 per transaction
  7. No transaction above 3 lac will be allowed in cash
  8. Trust cash donations max allowed only 2000 instead of 10000
  9. Political parties – max cash donations from 1 person Rs 2000
  10. Domestic transfer pricing – only if 1 party enjoys tax benefits
  11. 44AD – turnover limit increased to 2 crores for business.
  12. Professionals can pay advance tax in 1 installments if below 50 lac
  13. Time for revising income tax return now reduced
  14. Scrutiny time limit reduced to 18 months
  15. Individual tax reduced for income 2.5 to 5 lac tax rate now reduced to 5%
  16. Surcharge of 10% on those who earn income from 50 lac to 1 crore
  17. TDS – no Tds on insurance agents if 15 h filed
  18. Simple 1 page income tax return for persons having non business income
  19. Deemed sale value for sale of unquoted shares introduced. To be taxed at fair value. Sec 50CA
  20. In absence of PAN,the rate of TCS will be twice of the extent rate or 5%, whichever is higher. Sec.206CC.
  21. If Return not filed as per Sec. 139 (1), concept of late fee introduced. Rs. 5000 for delay up to 31st Dec. and Rs. 10000 thereafter. Late fee to be paid before filing the Return. Sec 234F
  22. CA issuing wrong certificate would be penalised with Rs. 10000
  23. Capital gain on shares will be exempt only if STT was paid while purchasing the shares.
  24. HP loss can be setoff against other head of income only to the extent of 200000 in same year. Balance loss can be c/f to 8 A.Ys.
  25. Individual and HUF to deduct tds even if unaudited @ 5% if rent is paid 50000 pm
  26. TDS in 194J amended, now 2 percent tds instead of 10
  27. The scope of section 56 will be widened and will also cover any kind of gifts in cash or kind or for no consideration with few exemptions and exception
  28. Dis-allowances of expenditure from income from other sources if tds is not deducted
  29. Self employed can also claim 20% contribution to NPS as deduction

DETAILS REQUIRED FOR MSME REGISTRATION

Hello everyone..!!

Image result for msmeHope all of you doing well in your life. Today I would like to share small checklist for MSME registration. Hope it will helpful for all the professionals and entrepreneurs.

  • Self attested copy of Aadhaar Number of the applicant.
  • Social Category – General / SC / ST / OBC.
  • Full Name of the Entity – Please provide any registration certificate (COI/ DVAT/ SERVICE TAX).
  • Type of organisation – OPC / Proprietorship / Partnership / Private Limited / Public Limited / HUF / Other
  • Complete address of the entity.
  • Email ID and Mobile Number of the applicant.
  • Date of commencement of business.
  • Cancel cheque of the entity.
  • Main business activity of the entity.
  • Additional details about business.
  • Number of employees.
  • Total Investment in Plant & Machinery / Equipment.

Entire process take 24 hours and It will cost you approx 2500 to 5000/-

Regards | CS Sukhwinder Singh | 9999939069

Aadhaar Payment App -Government Initiative

The government is coming up with an ‘Aadhaar Payment App’ that could silence digital payments critics. The new app would do away with plastic cards and the point of sale machines once believed to be essential for a less cash society.Related image

The app would eliminate the fee payments for service providers like card companies such as Mastercard or Visa, which has been a stumbling block in merchants switching to digital payments making it affordable to even merchants in remote villages. All that it needs is an Android phone with the merchant.

Merchants need to download the Aadhaarcashless merchant app on their smartphones connected to a biometric reader, which is currently available for Rs 2,000. The customer will then feed his or her Aadhar number into the app, select the bank through which the transaction will take place, and the biometric scan will work as a password for the transaction to be authenticated. “This app can be used by a person to make payments without any phone,” Unique Identification Authority of India (UIDAI) CEO Ajay Bhushan Pandey told ET. “Almost 40 crore Aadhaar numbers already stand linked to bank accounts – that is half the adults in India. The aim is to link all Aadhaar numbers with bank accounts by March, 2017.”

Furthermore, the lack of connectivity made it impossible for millions of merchants in the hinterland to adapt the card payment methods. There are over 15 lakh such machines for a population of 125 crore and nearly 5 crore merchants. If the 1.5 lakh bank branches in the country register even 20-25 merchants in their vicinity, it could boom.

Major policy initiatives and achievements of the MCA

Major policy initiatives and achievements of the 
Ministry of Corporate Affairs (MCA);
MCA entrusted with the responsibility to administer the Insolvency and Bankruptcy Code, 2016 (Code);
The Insolvency and Bankruptcy Board of India (IBBI) established; Stabilization of the Cost Records and Audit Rules

Following are the major Policy Initiatives and Achievements of the Ministry of Corporate Affairs, Government of India during the Year-2016:

To review the Companies Act, 2013 based on implementation experience in line with changing economic environment and initiatives for addressing all concerns with reference to Companies Act, 2013 and Companies (Amendment) Bill, 2016;

The Companies (Amendment) Bill, 2016 was introduced in the Lok Sabha on 16th March, 2016 proposing to amend Companies Act, 2013[CA-13]. The Bill was subsequently referred to the Parliamentary Committee on Finance and the Committee, after examination, presented its report to both Houses of the Parliament on 7th December, 2016.  The Bill is likely to be considered and passed by both the Houses of Parliament with or without modifications including through official amendments, if any.

Notifications of remaining Sections of the Companies Act, 2013

As on 15th December, 2016 out of 470 sections, 422 sections of the Companies Act, 2013 have been notified. 39 sections are omitted by Insolvency Banking Code (IBC). Remaining 9 sections would be notified shortly.

SEBI

On the request of Gujarat International Finance Tec-City (GIFT CITY), Gandhinagar, where the country’s First International Finance Service Centre (IFSC) has been set-up, draft notifications have been laid in the Parliament during Monsoon Session 2016, proposing exceptions from, and  modifications and adaptations of various provisions of the Companies Act, 2013 for companies licensed to operate by the Reserve Bank of India (RBI) or Securities and Exchange Board of India (SEBI) or Insurance Regulatory and Development Authority of India (IRDA). This will apply to all other IFSC located in an approved multi services special economic zone set-up under Special Economic Zones Act, 2005, which may be set up subsequently.

Stabilization of the Cost Records and Audit Rules:

The Companies (Cost Records and Audit) Rules, 2014 reviewed so as to make necessary amendments for further improvement and to obviate ambiguities or technical errors, keeping in view the practical difficulties experienced over a period of time and after considering various queries/ representation from the stakeholders. Necessary amendments were notified vide notification dated 14-07-2016.

Improvement in compliance level:

  • Filing of Cost Audit Report: For the Financial Year 2014-15, the compliance level till the prescribed time i.e. October 2015 was 48 per cent. By sustained efforts, the compliance level stood improved to 88 per cent by July 2016.
  • Appointment of Cost Auditor: For the period 2015-16, the compliance level with respect to the companies required to approve Cost Auditor also improved by 10 per cent.

The Insolvency and Bankruptcy Code, 2016 (Code):

The Insolvency and Bankruptcy Code, 2016 (Code) was published in the Official Gazette on 28th May, 2016 and Government of India (Allocation of Business) Rules, 1961 were amended and notified on 1st Aug, 2016 wherein the Ministry of Corporate Affairs was entrusted with the responsibility to administer the Code.

The Insolvency and Bankruptcy Board of India (IBBI) was established vide gazette notification dated 01.10.2016.

The Insolvency and Bankruptcy Board of India (IBBI) was established under the Code and Chairperson of the Board was appointed vide gazette notification dated 01.10.2016.  Four ex-officio members of the Board were also appointed vide Order dated 1.10.2016 and selection of whole-time members of the Board is under process.

Framing of Rules and Regulations and notification of sections under the Code

MCA was assigned with timeline of 1st December, 2016 to put in place Corporate Insolvency Resolution process as stated under the Code.  To achieve the target, following three pillars as envisaged under the Code have been put in place by framing various rules and regulations and notifying relevant sections of the Code:-

(i)     Insolvency and Bankruptcy Board of India [IBBI]

(ii)   Insolvency Professional Agencies & Insolvency Professionals

(iii)  Adjudicating Authority

Ministry has also successfully operationalized the Code within given timeframe which is likely to improve India’s rank in terms of Ease of Doing Business. It will also have desired effect on Start-Up India plan as envisaged by the Government.

National Company Law Tribunal and National Company Law Appellate Tribunal

Chapter – XXVII of Companies Act, 2013 deals with formation of National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCALT).  The constitution of NCLT and NCALT have been notified on 01st June, 2016.  Vide Notification dated 30th November, 2016, the Central Government has designated the Benches of NCLT to exercise the jurisdiction, power and authority of Adjudicating Authority conferred by or under part II of the Insolvency and Bankruptcy Code, 2016.

Preservation of CCTV recordings – RBI

RBI/2016-17/181
DCM (Plg) No. 1712/10.27.00/2016-17

December 13, 2016

The Chairman & Managing Director
Chief Executive Officers
All Banks

Dear Sir,

Preservation of CCTV recordings

Please refer to paragraph (5) of our circular DCM (FNVD) No.1134/16.01.05/2016-17 dated October 27, 2016 wherein it was stated that in order to facilitate identification of people abetting circulation of counterfeit notes, banks are advised to cover the banking hall/area and counters under CCTV surveillance and recording and preserve the recording.

2. In continuation to the above, the banks are further advised to preserve CCTV recordings of operations at bank branches and currency chests for the period from November 08 to December 30, 2016, until further instructions, to facilitate coordinated and effective action by the enforcement agencies in dealing with matters relating to illegal accumulation of new currency notes.

3. Please acknowledge receipt.

Yours faithfully,

(P Vijaya Kumar)
Chief General Manager