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In the rapidly changing business world of today, the identity of a business (or brand) is among the most valuable property a company has. Trademarks – whether in the form of a logo, tagline, or unique product name – are vital in setting a business apart from competitors. What happens when, all of a sudden, that trademark needs to transfer from one company to another (especially between companies of the same legal group)? This is the specific area of law referred to as trademark assignment. In India, it is straightforward to formally transfer ownership of a registered trademark through a trademark assignment agreement. Understanding this area of law will ensure that your businesses comply with legal requirements, while at the same time allow you to maintain continuous brand identity in a group of companies. In this blog, we will discuss how to transfer a registered trademark from one company to another, the procedure for trademark assignment under the law in India, and the manner in whi...

The event management industry is booming in India’s entertainment and hospitality sector, whether the event is a wedding, a corporate event, a product launch, or a large concert. However, when you are about to set up an event management business as a sole proprietorship, one important question most people ask is: "Do I need a trade license to operate legally?" The answer is yes, a trade license is a key document you require to set up and run an event management business in India, even if you are a sole proprietor. It confirms the legality of your business to the local authority and to comply with all municipal laws and safety regulations. In this article, we will take you through everything you need to know about trade license registration, its usage, and its process on how it relates to running an event management business as a sole proprietorship. Understanding What a Trade License Is A trade license is an official certificate issued by the local municipal authority tha...

When embarking on a new business in India, there are many important decisions to be made, but one of the most important decisions to be made, is to decide on the business’s legal structure. Most startups face the dilemma of either registering their startup as a Limited Liability Partnership (LLP) or as a Private Limited Company (Pvt Ltd). Each of these businesses has its own benefits and drawbacks, and the decision depends on several factors including the capital requirements of the startup, the extent of liability protection needed, taxation benefits, and operational flexibility. The objective of this article is to provide guidance to start-up founders and stakeholders regarding which is the better business entity to adopt for a start-up in India, and the reasons why. Understanding LLP and Pvt Ltd Companies in India What is an LLP? A Limited Liability Partnership (LLP) is a business form that incorporates the benefits of a partnership firm and limited liability. Partners are pro...

In the competitive world of business today, protecting IP has never been as important. Businesses invest a lot of time and energy crafting individual and unique brands, logos, content, and product designs. Understanding how both establish IP protection on the same infringing asset, especially copyright law differences versus trademark law, is essential for keeping your goods and services protected under the law. A question I often receive is, is it necessary to have copyright protection for ALL trademarks, or when displacement occurs is copyright necessary to solidify any legal rights? The following post will address all of these questions and forms of IP protection to assist business owners and creators in making the best choices for themselves. Understanding Trademarks and Copyrights Before discussing the relationship between copyright and trademark registration, it’s helpful to understand what each is supposed to protect. First, trademarks are symbols, logos, words, or other sig...

India's real estate sector has undergone significant reforms in recent years, with transparency and accountability emerging as key themes. One of the two regulatory terms of fundamental importance for every developer/builder to understand is T&CP (Town and Country Planning) permission and the other is RERA Registration. While many believe T&CP approval is the only approval needed to commence their residential project, T&CP permission and RERA registration serve two entirely different purposes. If you are a developer, promoter or agent questioning whether you still need to manage a RERA license registration given you already have T&CP permission, we will clarify all your questions in this post. Understanding T&CP Permission: The First Step in Project Legality Before exploring RERA, we first want to clarify what T&CP permission means. T&CP (Town and Country Planning) permission is given by a state's local urban development authority, or a municipa...