Trademark Your Business Before It’s Too Late

You may have heard that there is no need to register your trademark; that the moment you use a unique word or logo to do business, some legal rights with regard to it are extended to you. So why do brands, both small and large, decide to get their brands registered with the Trademark Registry? They aren’t burning their money, of course. It’s only because the legal rights available to unregistered trademarks are limited in scope. And when your brand gains traction, these rights will be insufficient to protect it, and, therefore, your business.

Someone else could trademark your brand’s name because you haven’t and then use that goodwill that you have created in the market to their advantage.

So let’s examine the benefits of Trademark Registration-

Control of Name and Similar Names
Once you register your brand name or logo, you have control of that trademark within the classes (i.e. categories) it is registered. If someone tries to register the same, or even a similar, name, it is very likely to be rejected. If it isn’t done by the registry, you may even do so by filing an opposition during the four months after it is published in the Trade Marks Journal. Without registration, not only would it be impossible for you to stop these other brands from being registered, you would be unable to file an opposition until you apply to register your brand name.

Protects Brand Value
The trademark owner is presumed to be the valid owner of the mark, unless proved otherwise. Therefore, if another brand registers your name or one similar to it, you will find yourself in a difficult position. You must either concede your brand name to this other business or file a suit (after filing for the trademark). If you can prove that you were doing business before this other brand, it is likely that you will be awarded rights to the brand; however, these rights may not be comprehensive. For example, if you were running the business only in Mumbai, but the other business sold goods across the nation, the court may restrict your trademark rights to Mumbai, but award the other business the right to the mark across the rest of India. Consequently, this would significantly affect the value of your brand and possibly your business.

Ability to File Suit
Let’s say another brand is compromising your brand by using a logo that’s similar to yours or falsely claiming that it is affiliated with your brand. If your trademark is registered, you can easily file a suit and settle the matter in court if needed. If you rush to file for registration right before filing the suit, however, you will be delaying the process and – who knows? – may even face an objection from the registry because another business has registered the brand name since you started doing business under it.

Domain Control
Cybersquatting refers to the buying of domains to generate profit. This is done by selling it to businesses who would want (and most probably have a right to) those domains. This is why many businesses buy up all possible combinations of their name (.co.in, .biz, .in, etc). It is less time consuming and possibly cheaper than taking the cybersquatters to court. But the brands that haven’t do so sometimes have no choice, particularly when they enter new markets. Having a trademark for this domain name would go a long way toward convincing the court that you have a right to the name. The Uniform Domain Name Resolution Policy (UDRP) also takes cases much more seriously if the domain name is trademarked.

Given the high subjectivity of matters relating to trademark – and the potential consequences of its loss on your business – it makes sense to be presumed the owner of the word or logo. The full protection of the law may be worth much more than the Rs. 4000 you’ll pay in government fees.

Contact Us at Pied Piper If You Need More Info Or Help For Your  Trademark Registration

GST- 10 Key Points

1. GST would be levied on ‘supply’ of goods and services and hence the present prevalent concepts of levy of excise on manufacture, VAT/CST on sales, entry tax on entry of goods in local area would no longer be relevant. The ambit of ‘supply’ is quite wide and covers supply of goods and services without consideration from one taxable person to another.

2. There would be dual GST i.e. both the Centre and the States would concurrently levy GST across the entire goods and services supply chain on a common base.

Centre would levy Central GST (CGST) and States would levy State GST (SGST) on every supply of goods and services within a State. Integrated GST (IGST) would be levied on all inter-state supplies by the Centre and then transferred to the Destination State. Unlike in the present scenario, IGST would have to be paid on all inter-state supplies, be it in the nature of a sale or stock transfer.

3. Present Central Taxes like Central Excise, Service Tax, CVD, SAD, CST and State Taxes like VAT, CST, Entry Tax, Luxury Tax would get subsumed under GST. Customs is outside GST and hence Basic Customs Duty would continue on imports.

4. GST is a destination based consumption tax, which essentially implies that the revenue will accrue to the State where the consumer resides. This is unlike the present origin based levy where the revenue accrues to the origin state from where the movement originates.

5. Seamless flow of credit would be there under GST whereby CGST would be allowed to be set-off against CGST and IGST, SGST against SGST and IGST and IGST against IGST, CGST and SGST in that order. However, CGST credit will not be allowed to be set-off against SGST and vice versa. Thus, under GST, the present cost of 2% CST on inter-state sale will not be there as IGST would be totally fungible in the Destination State.

However, credit fungibility is state-centric as credit accumulated in one State cannot be used against tax pay-outs in another State.

 

6. Liability for payment of GST would arise at the time of supply of goods and service. In terms of model law, receipt of advance payments for supply of goods and/or services would be considered as ‘time of supply’ and tax liability would arise on such advance receipt. However, receipt of goods and services is one of the pre-conditions for allowing input tax credit under GST and hence, even if GST is paid on advance payments, credit for the same would be available only on receipt of goods and services.

7. Registration threshold has been presently kept at Rs. 10 Lakhs (Rs. 5 lakhs in case of North East States and Sikkim) in the draft model law. Existing registered assesses would be migrated into GST, first provisionally and then finally subject to furnishing of requite information. Assesses have the option to take business segment-wise registration.

 

8. Option of composition levy is also prescribed, if aggregate turnover of a tax payer is < Rs. 50 lakhs. Persons adopting composition levy would be neither entitled to charge GST from its customers nor to avail credit of input tax. However, composition levy is not allowable to assesses who affects inter-State supplies.

9. Under GST, every assessee would have to upload invoice level outward supply details for B2B transactions. Details of inward supplies and tax credit would be auto-populated based on sales details uploaded by the vendor. Hence, a robust IT infrastructure at the end of both supplier and recipient is critical for hassle free tax credits and avoid denial of credits due to mismatch issues.

10. Provisions relating to payment of tax under reverse charge, tax deductions at source are expected to continue under GST regime for specified persons/transactions. Thus, additional compliances would continue on the part of recipients, so far as tax payments under reverse charge and deduction at source are concerned.

DUE DATES FOR TDS PAYMENT & RETURN FILING

Tax needs to be deducted or collected at source for a variety of reasons. Employers do this, for example, while paying salaries, and sellers of certain items may collect tax in certain cases. Collection/Deduction is just the beginning of the entire process. Once done, the money also needs to be paid to the government by the due date, following which returns need to be filed. Non-payment would result in penalties and greater scrutiny in future.

TDS/TCS LAST DATES OF 2016

For Depositing TDS/TCS
Due date for a non-government deductor of depositing TDS/TCS is the 7th of next month (except March) and for a government deductor, it’s the last day of the month in which the TDS is deducted.

For the month of March, however, the due date for deposits is 30th April for non-government deductors and 7th April for government deductors.

Due Date for Filing Quarterly Returns
Quarterly TDS Returns
31st July, 2016 for 1st April to 30th June)
31st Oct, 2016 for 1st July to 30th September
31st Jan, 2017 for 1st October to 31st December
31st May, 2017 for 1st January to 31st March

Quarterly TCS Returns
15th July, 2016 for 1st April to 30th June
15th Oct, 2016 for 1st July to 30th September
15th Jan, 2017 for 1st October to 31st December
15th May, 2017 for 1st January to 31st March

Quarterly TDS/TCS Certificate: After uploading quarterly TDS return, you can generate TDS/TCS certificate within 15 days of uploading your return.

LATE FILING FEE

Under Section 234E, you will have to pay a fine of Rs. 200 per day as fine until your return is filed. You have to pay this for every day of delay until the fine amount is equal to the amount you are supposed to pay as TDS.

Need Help With Your TDS & TDS Return Filing ? , Get In Touch With Us At Info@PiedPiperLLP.Com

7 Steps for LLP Partnership Registration in Delhi

 

LLP( Limited Liability Partnership) Registration in Delhi one of the most usual business formation for the startups in Delhi. LLP Registration is completely online through the ROC Delhi or MCA Portal. so today we guide you on How to Register LLP(Limited Liability Partnership) Registration in Delhi State. there are 7 Steps which makes easier for register a llp in delhi.

Step 1 : Minimum Requirements for the LLP Registration in Delhi :-

1. Needed Minimum 2 Partners for Register a LLP in India. Both partner are resident of India.
2. There is no requirements for the minimum capital i.e is main advantages in the case of LLP in Delhi.

Step 2 : Apply for DIN Identification Number for the Partners in Delhi State :-

1. Partners have to apply for the DIN Number that is mandatory for apply partnership in the Limited Liability Partnership Firm. partners have to apply through the ROC Delhi on MCA Portal.
2. Partners have a Valid Pan Card or Address Proof and other information like Education qualification, occupation etc.

Step 3 :  Apply for Digital Signature Certification For Partners :-

1. Partners have to apply for the DSC ( Digital Signature Certification). its need for affix the filings forms and it also need in future for the filings ROC Return and many other things.
2. In the LLP Registration in Delhi DSC can be made by lot of companies like Emudra, Sify etc so now they are providing in USB Mode so its provide security for your digital signature in the LLP Registration in Delhi.

Step 4 : Apply for the Name Application in ROC Delhi For the LLP Registration :-

1. In the LLP Registration Partners have to apply for the Name Application in ROC Delhi through the MCA Portal.
2. ROC Delhi Approved the Name after the verification depend upon that there is no registered same name of other company or trademark.

Step 5 : Filings of Incorporation Documents to ROC Delhi for the LLP Registration :-

1. In the LLP Registration we have to file some forms on MCA Portal after the name verification.
2. During the Filings of forms we have to ensure about all the other things because when there is chance of resubmission then we have to file again.

Step 6 : Issue Certificate of Incorporation by ROC Delhi for the LLP Registration :-

1. After Verification of the forms ROC Delhi issued main Certificate of Incorporation i.e is proof of the registration.
2. After Receiving Certificate of Incorporation we have to open a current bank account on the name of LLP.

Step 7 : Drafting and Filings LLP Agreement :-

1. After Receiving of Certificate of Incorporation we have to File LLP Agreement to the ROC Office through MCA Portal.
2. LLP Agreement is like a partnership firm agreements in that contain all the details regarding the partners.

So Its a complete process to register a LLP ( Limited Liability Partnership) in India. if have any query then Consult with CA’s and Expert at Your FingerTips on PiedPiperLLP.com

How To Register A Private Limited Company In India

10 Steps to Register a Company in Delhi

Private Limited Company is very easy in 2016 for the Delhi State. In Delhi Company registration is done completely online on the MCA Portal so its a very easy to register a company in delhi in the year of 2016. Next big thing i.e is private limited company now does not require 1 lac Rupees minimum capital requirements as per the New Companies Act.

So Here is the Step by Step Procedure to Register a Private Limited Company in Delhi

1. First of all  before register a private limited company in Delhi we have to complete following requirements –
   a) require minimum 2 Share Holder and 2 Directors.
   b) Directors and Shareholder can be same.
   c) Pan Card, Voter id or Adhar Card with Bank Statement Copy or any utility bills copy of the directors.
   d) Place address proof like rent agreement or utility bills copy or sale deed copy.

   If you do’nt have any partner in your business then you can register on any family member in delhi state. it’s a company with the limited liablity in the business so your family member is secure

    

2. Now in the 2nd step we have to register Digital Signature Certification(DSC) for the directors. Digital signature has been prepared by the third parties companies which is authorised by the government of India. in that some companies are like Emudra, Sify, NCode Solutions & many some other companies.
   

   Digital Signature Certificate (DSC) is like electronic signature which is used for the filings government EForms.In Simple words its like USB Tokens with a prefix file so you can attached your signature on the company registration eforms. Its used only for the Filngs Forms so as a security purpose this can not be used for any other money transactions.