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Trademark Registration in India

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FD laws in India depend the on sector / industry - for example banking, telecoms etc. are still restricted for equity ownership cap by a foreigner however most sectors are now open to do a business in India with 100% equity ownership as well as without any prior approval.

To start a business in India - whether local Indian or NARI or Foreigner or Foreign Company can be done at Proprietorship Firm, Partnership Firm, Limited Liability Partnership (LIP) or Limited Liability Company. All business structure has to comply Indian laws for licensing, direct tax, indirect tax, accounting/audit, labor laws, and environmental laws.

Company Secretary is a specific qualification and professional degree which is issued by the Institute of Company Secretaries of India. Company Secretary is a professional to handle all company law related matters including incorporation of a company, corporate law compliance, management of the company, listing of security, winding-up, due diligence, corporate governance, Merger & Takeover, disputes amongst shareholders or directors, etc.

Company Secretary is a specific qualification and professional degree which is issued by the Institute of Company Secretaries of India. There are very few large and experienced company secretary firms in India since many such professionals provide services without any team of infrastructure. Company Secretary is a professional to handle all company law related matters including incorporation of a company, corporate law compliance, management of the company, listing of security, winding-up, due diligence, corporate governance, Merger & Takeover, disputes amongst shareholders or directors, etc.

In India a company registration takes about 3 weeks time when investors are foreigner / foreign company otherwise it takes about 2 week time. There are two types of a company viz. Private Company and Public Company. Private company requires two directors and two shareholders which could be same individuals or different. Shareholders can be a corporate from India or abroad. an other type of company is Public Company where minimum three directors and seven shareholders are necessary.

Trademark Registration in India generally takes about 18 months time from date of application, if there is no TM Registry or third party opposition. There are 45 classifications of which 34 are for goods and 11 for services.


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