Posts

Showing posts with the label Director KYC

Appointment of Director in a company

Image
Appointment of Director in a company Introduction A company director is an individual elected by the shareholders to manage the company's affairs in accordance with its Memorandum of Association (MOA) and Articles of Association (AOA). Since a company is a legal entity, it can only act through the representation of a natural person. Therefore, the Board of Directors, consisting of living individuals, is entrusted with the management of the company. Depending on the shareholders' needs, the appointment of directors may be necessary at various times throughout the life of the business. Who can be a Director of a Company in India? To become a director of a company in India, an individual must satisfy the criteria outlined in the Companies Act, 2013, and the Articles of Association of the particular company. The requirements of the Companies Act are uniform, whereas the provisions of the Articles of Association differ from one company to another. There are two types of directors th...

How to Obtain a Well-Known Trademark: An Overview

Image
  How to Obtain a Well-Known Trademark In India, over 350,000 trademark applications were filed in the year 2019, and this number is expected to increase rapidly. By 2025, over 600,000 trademark applications are projected to be submitted annually. The Trade Mark Rules 2017 introduced a new process for declaring a trademark as "well-known."  To achieve this status, trademark owners can submit an application (TM-M form) to the Registrar. A well-known trademark receives special protection against infringement and passing off. Recognition as a well-known trademark is based on reputation, both domestically and internationally, and across borders. What is a Well-Known Trademark According to the Trademarks Act of 1999, a well-known trademark is a mark that has gained recognition among a significant portion of the public who use the goods or services associated with the mark.  This recognition is so strong that the use of the mark in relation to other goods or services is likely ...

Understanding the Differences between Copyright, Patent, and Trademark

Image
Understanding the Differences between Copyright, Patent, and Trademark "In the context of intellectual property , the terms patent, copyright, and trademark refer to the exclusive rights granted to creators for their original works. These rights typically offer a period of exclusivity to the creator to use and distribute their work. The protection provided by copyright, patent, and trademark extends to the output resulting from the implementation of the idea in practice. Given the availability of multiple intellectual property rights, individuals often find it challenging to differentiate between them. This article aims to clarify the distinctions between Copyright, Patent, and Trademark." Copyright As soon as an author creates an original work, copyright protection is established. This exclusive right covers a wide range of works, such as paintings, photographs, music, books, and computer programs, among others, defined under the Copyright Law. Copyright laws protect the...

What Trademarks cannot be registered in India ?

Image
What Trademarks cannot be registered in India? Trademark registration paves the way for products and services to be uniquely identified. It differentiates between products and services. Trademark registration is a crucial step in establishing a unique identity for products and services. It serves as a differentiator in the marketplace and provides the trademark owner with exclusive rights to their trademark while safeguarding against infringement. This protection is essential for building goodwill, customer loyalty, and valuable assets. To ensure effective brand naming, it's important to have a clear understanding of what can and cannot be trademarked. In this article, we'll explore the limitations of trademark registration in India and provide guidance on choosing a brand name. Absolute Grounds for Refusal of Registration Void of distinguishing characteristics In Indian trademark law, the requirement of distinctiveness is strictly interpreted. A trademark that lacks...

Can a Director of one company be an employee of another Company?

Image
Can a Director of one company be an employee of another Company? Who is a Director? A Director is an individual elected by the company to exercise the statutory affairs of the company and he is the one who is responsible for the management of the company’s affairs. The scope of authority of the director is limited by the provisions of the companies act 2013 and clauses in articles of association of the company. Types of Directors? Let’s understand the different types of directors that businesses usually have. Residential Director Independent Director Additional Director Small shareholders Director Alternate Director Nominee Director Shadow Director In general, there are two categories of directors: "executive" and "non-executive." An executive director may be the only director of a company and has a significant personal interest in the company's success, often as a major source of income throughout their working life. On another side, ...