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What has changed in Trademark Rules 2017?

On 06th March, the new Trademark Rules 2017 came into force. With this, the earlier 2002 rules underwent a major overhaul. The primary purpose behind this change is to simplify the Trademark registration process.Another motive for this change is improving the ease of doing business in India. Special provisions for startups, individuals, and small scale industries bear witness to this fact.In line with the PM’s Digital India initiative, the new rules promote E-filing by way of a 10 percent discount on filing fee. But, the new rules have their pros and cons. Moreover, the Trademark Rules 2017 hold different things in store for different entities.So, below is an analysis of all the changes in these rules along with their perks as well as flaws.Trademark Rules 2017: All That Has Changed1. Changes in trademark application formsThe previous rules provided for a humongous number of 74 forms, one for each type of application. The Trademark Rules 2017 bring this number down to a paltry 8. The following table provides an insight into the use of each form.TM-A - Applying for Registration of Regular/Collective/Certificate/Series Trademarks for Goods or Services in One or More ClassesTM-C - Obtaining Search Certificate for Copyright Registration of an Artistic WorkTM-G - Applying for Registration/Continuation/Restoration/Alteration in Details of a Trademark AgentTM-M - Requesting Inclusion of a Mark in the List of Well-Known Trademarks/Applying for Amendment in Trademark Application/Seeking Registrar Preliminary Advice or Grounds of Decision/Applying for Regulation of Certification Trademark or Deposition of Regulation of Collective Trademark/Requesting Review of Registrar’s Decision/Certified Copy/Duplicate Registration Certificate/Extension of Time/Inspection of Documents/Particulars of Advertisment/Registrar’s Order in a Contesting Proceeding/Any Other Miscellaneous Matter not covered by other FormsTM-O - Filing Notice of Opposition with the Registrar of Trademarks/Applying for Rectification of Register or Invalidation of a Trademark or a Related Counter-StatementTM-P - Requesting Replacement of Subsequent Proprietor as Registered Proprietor/Amendment to details of Registered Proprietor or Registered User/Amendment of Registered Trademark or Specification of Goods or Services/Conversion of Goods/Dissolution of Association between TrademarksTM-R - Requesting Renewal/Renewal with Surcharge/Restoration of a TrademarkTM-U - Applying for Recordal/Cancelation/Variation/Amendment in Details of Registered User or Intervention in Proceedings by Third PartyIt is clear that reducing the number of Forms is a laudatory step. This is because it makes the entire process much more simple and hassle free.Instead of remembering and filling a different form for each process, now it is easier to file an application for all the different applications related to Trademarks or Copyright.The naming of Forms according to the type of application makes the entire process even simpler. For instance, TM-R stands for Renewal or Restoration application. TM-C stands for Copyright Search Certificate. TM-U stands for Registered User Applications and so on.2. Registration of a trademarkWith a single form to apply for all kinds of Trademark Registration applications, the process is easier than before. Significant changes are the reduction in the number of forms and increase in fee.Let’s understand this with the help of an example. P is an individual who needs to file a Trademark Registration application for his/her business logo. Earlier, filing an application for registration would mean submitting a number of forms.TM-1 was filed for a regular application. Power of Attorney authorising an agent to file the application was filed in form TM-48. There were as many as 18 Forms for filing different kinds of applications. For example, TM 64 for collective marks and TM 4 for certification Trademarks.The Trademark Rules 2017 do away with the complex procedure, providing a single form TM-A for all kinds of applications. Now all you have to do is fill a single form, instead of trying to find out which form to fill for a registration application.One major change is the compulsory User Statement or Affidavit which is explained in more detail below.As an individual, you don’t have to pay the fee of Rs. 10,000. You can obtain Trademark Registration for Rs. 5,000 (Rs. 4,500 for E-filing). So, the fee remains more or less the same as earlier.Other requirements of filing representations of Trademark remain the same.Not changing the primary requirements is a wise step. A complete revamp of the existing system would have caused a lot of confusion and chaos.3. Well-known trademarksThis is a significant change from the earlier rules. Earlier, the judiciary had the power to decide if a mark is well-known or not.Moreover, such a situation would arise only in cases of infringement. But, now an applicant can request the Registrar to determine whether a Trademark is well-known or not by filing Form-M along with the fee of Rs. 1,00,000.This step seems to be arbitrary and may work differently for different parties. It gives virtually unbounded power to the Registrar. It also promotes exercise of unfettered discretion.The judiciary exercises utmost caution in determining the status of a mark. But, the Registrar may not do so. It may prove to work to the advantage of influential parties and to the disadvantage of others.4. Increase in feeWith the coming into force of the Trademark Rules 2017, Government fee for almost all kind of applications has almost doubled. In some cases, the rise is even more than 200 percent.For instance, earlier the application fee for each class was Rs. 4000. Now, the government fee for the same is Rs. 10,000 (9,000 if the party opts for E-filing).Earlier, the fee for registering a subsequent proprietor used to start from Rs. 5,000. Now, the fee is Rs. 10, 000. Another example is the application for Search Certificate for Copyright Registration. The new rules hike the former fee of Rs. 5,000 to Rs. 10,000.The intent behind such a steep hike in the applicable fee might be to prevent filing of frivolous applications. However, raising the fee as much as 200 percent (more, in some cases) is hard to justify.The former fee of Rs. 5,000 for Copyright Search Certificate was pretty high in itself. It brought the Government fee for Copyright Registration of Artistic Work (for commercial use) to Rs. 7,000. Now, a 200 percent increase will make it go further up to Rs. 12,000.This means trouble for small businesses or individuals proprietors. They can hardly afford to shell out an amount this high to get a Copyright Registration for their business logo or other artistic work.5. Concession to small businesses, startups and individualsThe huge jump in the government fee means shelling out more fee. But, the new rules provide much-needed relief to entities in need of concession.There is only an increase of Rs. 1,000 for individuals, startups and small enterprises. This means that the Government fee for these parties is Rs. 5,000 instead of RS. 10,000. A further discount of 10 percent on E-filing reduces the fee even more.With an E-filing fee of Rs. 4,500 there is not much increase in the earlier fee.This is good news for these parties and also a considerate step. The government’s motto of promoting small business as well as entrepreneurs will receive a definite boost with this concessional fee.6. Promoting e-filingThis rule is in complete sync with the Digital India Drive. The fee schedule specifies a 10 percent discount for E-filing of every kind of application.Moreover, for some applications, the new rules don’t allow physical filing at all. For instance, the application for expedited issue of Copyright Search Certificate can only be made online. Same is the case with expedited processing of an application for Trademark Registration. Online filing is also compulsory for determining a well-known Trademark. For certification or transmission of an international application too, you need to apply online.This is another welcome step. Reducing unnecessary paperwork will achieve at least two results. First, it will enable faster processing of application. This will reduce processing time to a great extent. Second, less or minimal paperwork will improve the efficiency as well as productivity of the Government Office.7. Compulsory filing of user statement or affidavitEarlier, the Registrar exercised discretion when it came to User Statements in respect of marks claiming prior use. The applicant only needed to specify two details. First, the date since the mark was being used. Second, the person using it. Registrar could ask such person for an affidavit to this effect.Now, there is no more room for Registrar’s discretion in this matter. If the user is claiming use of the mark before the date of application, filing an affidavit is compulsory.Compulsory filing of one more document may be inconvenient for the applicant. But it is too early to comment on any other adverse impact that it may have.8. Registration of sound marksThe Trademark Act consists of provisions concerning Sound Marks. However, the 2002 rules did not mention them. The Trademark Rules 2017 contain specific mention of these marks. Rule 26 (5) specifies the format for submitting a sound mark for registration.Insertion of this rule is a welcome step as it gives some clarity on the mode of submission of a Sound Mark.ConclusionTrademark Registration in India has undergone a major change. The new Trademark Rules 2017 make the entire process much easier with a number of new Rules. So, the final verdict on the Trademark Rules 2017 leans more in their favour than against them. Steps such as discount on E-filing, only a minor increase in fee for applicants who need it, and making the entire process of registration simpler definitely deserve praise. Some changes do remain questionable. For example, the whopping increase in fee and the discretion granted to the Registrar in a case of well-known Trademarks.However, as of now, the overall changes which the Trademark Rules 2017 bring seem to be positive. Some amendments in the future may correct the not-so-great and dubious parts of these rules.Originally published at PocketLawyer.com on March 14, 2017.

What are the documents required for retail drug licenses in Uttar Pradesh?

Hi,plz find the below information hope this will help you.Uttar Pradesh Drug LicenseDrug license is a legal permit issued by the Government for businesses that deal with drugs and cosmetics. The Food Safety and Drug Administration Department under the Government of Uttar Pradesh grants drug license to prevent the manufacture and sale of sub-standard, fake medicines and to implement the provisions of the Drugs and Cosmetics Act, 1940. In this article, we look at the procedure and various other aspects to obtain Uttar Pradesh Drug License for sales and manufacture in detail.License ConditionsA registered pharmacist should directly and personally supervise any drug made by the licensee.The licensee should have minimum four years of practical experience in the distribution of drugs.The retail supply of any drug prescribed by the registered medical practitioner should be under the inspection of a registered pharmacist.The retail supply of the drug should be recorded in a register at the time of supply.The drugs mentioned in Schedule H or Schedule X are valid for a period of two years and should be supplied to registered Medical Practitioners, hospitals, dispensaries and nursing homes only on the signed order in writing.The licensee should maintain the purchase record of the drugs intended for sale or sold by retail.The licensee should not sell or stock any drug after the expiry date.The licensee should not store or stock any drugs on his premises that are intended for distribution as a free sample to the medical profession.The medicine in a retail shop for the treatment of animals should be labelled as “Not for human use _ for treatment of animals only.”Note: The expired drugs stored to claim a rebate from the income tax will not be considered an offence under the act unless not intended for sale.Uttar Pradesh Drug License for SalesThe drug sale license is applicable for both retail as well as the wholesale purpose for the distribution of the drug in India. The license for drug sale is issued based on the conditions subjected to the competent person dealing with drugs and the premises (area of pharmacy shop and storage facility).Types of Drugs Sales LicenseType of Sales LicenseFor grant of license on Form No.Application to be submitted on Form no.For Wholesale licenseForm 20BForm 21BForm 19For Retail LicenseForm 20Form 21Form 19For Restricted LicenseForm 20AForm 21AForm 19AFor Drugs specified in Schedule-X(Wholesale)Form 20GForm 19CFor Drugs specified in Schedule-X(Retail)Form 20FForm 19CRequirements for Uttar Pradesh Drug Sales LicenseThe following documents are the pre-requisites for the application of Drug Sales License under Uttar Pradesh Drug License.Affidavit attested by Public Notary:Of Proprietor, if the applicant firm is proprietorship firm.Of all the partners, in case the firm is a partnership firm.Of the person duly authorized by the Board of Directors of the Private Limited of Limited CompanyCopy of partnership deed if partnership firmAddress proof of the authorized proprietor / applicant (copy of voter I.D., driving license)Affidavit of the liable person for day-to-day working and for any violation of laws pertaining to Drugs.Documents related to Pharmacist:Affidavit duly attested by Public Notary.Copies of educational qualification certificates (Attested)Attested copy of registration certificate and its renewal issued by U.P. Pharmacy Council.Two photographs per applied license.Address proof.Appointment letter and joining letterDocuments related to qualified person (for Wholesale license):Attested copies of educational qualification certificatesExperience certificate on the affidavitTwo photographs per applied licenseAppointment letter and Joining letter if applicableThree copies of the plan of proposed premises.Documentary proof of rental or ownership basis of the proposed premisesPhotocopy of the rental agreement in case of rented premises.Attested copy of ownership proof of rented premises from the landlord.Two photographs of Proprietor/Partners/Authorized person.Attested copy of purchase invoice of a refrigeratorFeesWhile applying offline, the fees should be paid in the Government Treasury or Government Branch of State Bank of India of the district where the license is required. The original of the treasury challan must be submitted with the application.Type of Sales LicenseFees for Grant of LicenseFor Wholesale licenseRs. 1500+1500= Rs. 3000.00For Retail LicenseRs. 1500+1500= Rs. 3000.00For Restricted LicenseRs. 500+500= Rs. 1000.00For Drugs specified in Schedule-X(Wholesale)Rs. 500For Drugs specified in Schedule-X(Retail)Rs. 500Renewal of Drug Sales LicenseRenewal of Sale license should be made on the application form same as the form submitted during the grant of the new license along with the necessary fee. The Fee for the renewal of the license is same as the grant of license. The late fee for the renewal of the license is as follows that is applicable up to six months.Late fee for RenewalPer monthRs. 500+500= Rs. 1000.00Rs. 500+500= Rs. 1000.00Rs. 250+250= Rs 500..00Rs. 250.00Rs. 250.00Documents Required for RenewalCopy of last renewalAffidavit of Pharmacist and current rent agreementAddress proof of the authorised proprietor/applicantAffidavit of the liable person for day-to-day working and for any violation of drug lawsUttar Pradesh Drug License for ManufactureTypes of Manufacturing License:Type of Manufacturing LicenseApplication Form to be submittedFor drugs other than those mentioned in Schedules C , C (1) and XForm 24For Homeopathic MedicinesForm 24CFor drugs mentioned in Schedule X and not specified in Schedules C & C(1)Form 24FFor drugs mentioned in Schedules C and C (1) excluding those specified in Schedule XForm 27For loan license for drugs mentioned in Schedules C and C (1) excluding those specified in Schedule XForm 27AFor drugs mentioned in Schedules C, C(1) and XForm 27BFor the manufacture of drugs for the purposes of examination, test or analysisForm 30For approval for carrying out tests on drugs/cosmetics or raw materials used in the manufacture on behalf of licensees for manufacture for sale of drugs/cosmeticsForm 36Documents RequiredThe following documents are the pre-requisites for the application of Drug Manufacture License under Uttar Pradesh Drug License.Affidavit of the following attested by Public Notary:-Proprietor of the applicant firm, in case the firm is proprietorship firm.All the partners, in case the firm is a partnership firm.The person duly authorised by the Board of Directors of the Private Limited or Limited Company.In case the applicant Company is a Private Limited or Limited Company, a copy of minutes of the Board of DirectorsIf Partnership firm, list of names and addresses of all partners. List of Board of Directors of Private Limited or Limited Company with full names and addresses of all directors.Attested copy of registration certificate from District Industries Centre if the applicant firm is a Small Scale Unit.Partnership deed copy if partnership firm.Address proof of the authorised applicant/proprietor ( Voter I.D, Driving license)Documents for Manufacturing Chemist Employed (not applicable if the license is required on Form 37 for a testing laboratory):Affidavit duly attested by Public NotaryAttested copies of educational certificates, experience certificates.Attested copy of the letter of approval by State Drugs Controller.Copy of consent letter, appointment letter or joining letter.Medical certificate from a registered medical practitioner along with the eye fitness certificate.Four photographs per applied licenseAddress proofDocuments related to Analytical Chemist Employed:Affidavit duly attested by Public NotaryAttested copies of educational certificates, experience certificatesAttested copy of the letter of approval by State Drugs ControllerCopy of consent letter, appointment letter or joining the letterMedical certificate from a registered medical practitioner along with the eye fitness certificate.Four photographs per applied licenseAddress proofAttested copy of the consent of Approved testing laboratory that tests those raw materials and finished products which require sophisticated instruments for analysisThree copies of the Plan of Premises showing all the sections and dimensions.Documentary proof of ownership or rental basis of the proposed premises. Copy of rental agreement in case of rented premises. Attested copy of ownership proof of rented premises from the property ownerCopy of No Objection Certificate from Pollution Control board.in is for sale! case of renewal of license attested copy Air and Water Consent from the Pollution Control Board (not applicable if the manufacturing unit is exempted for the same).Copy of test report of water from a Government Approved Laboratory regarding its portability and freedom from pathogenic microorganismsProcessing TimeThe license will be issued within 15 days from the date of submission of application online.Application ProcedureThe Food Safety and Drug Administration Department of Uttar Pradesh provides its citizen with the facility for applying online for Uttar Pradesh Drug License.Step 1: To apply online visit the official website of Food Safety and Drug Administration, Uttar Pradesh. Click ‘Online Drug License Registration and Licensing System’ that redirects to the online application portal.Uttar Pradesh Drug License – HomepageStep 2: Click ‘Apply online for license’ if registered.Uttar Pradesh Drug License – Apply onlineIf not a registered user, click ‘Register’ on the top of the page. One can register as a firm or a technicalUttar Pradesh Drug License – RegistrationStep 3: Select the registration type; sales unit or manufacturing unit.Uttar Pradesh Drug License – Registration typeApplicants’ should have a valid personal e-mail ID and mobile number, which should be kept active for registration.Step 4: The registration will be validated by entering the Aadhar number for which an OTP will be generated to the registered mobile.Step 5: Enter the OTP and click Validate.Step 6: Select the appropriate form of License. Based on License Form, select application Form to be applied.Step 7: Enter the required details, make the payment and click submit.Step 8: On successful registration, a unique registration number will be generated which is required for further processing.Thank u & All d best👍🏻🙏🏻😊-TADA-Deepika

What are the documents required for GST registration in India?

Hi,I am a businessman who owns several bussiness. Me paying GST from more than 5 years now. And I also have a good knowledge of the whole procedure of GSTapply. At the beginning its being very difficult to understand the process of Goods And Services Tax (GST ). But with time the whole concept became quiet simple for you.Documents Required for GST Registration in India. List of documents to be uploaded as evidence for GST Registration.Find Complete List of Required Documents for GST Registration in India. Check List of Documents Accepted as Address Proof for GST Registration, Documents Required for GST Registration for Business Premises, Individuals, HUF’s, Company, Trusts, Local Authority, Local Body, Proprietary Concern, Partnership Firm etc. Now Scroll down below n check more details for “Documents Required for GST Registration in India – Complete List”Documents Required for GST Registration in IndiaPhotographs (wherever specified in the Application Form)Proprietary Concern – ProprietorPartnership Firm / LLP – Managing/Authorized/Designated Partners (personal details of all partners is to be submitted but photos of only ten partners including that of Managing Partner is to be submitted)HUF – KartaCompany – Managing Director or the Authorised PersonTrust – Managing TrusteeAssociation of Person or Body of Individual –Members of Managing Committee (personal details of all members is to be submitted but photos of only ten members including that of Chairman is to be submitted)Local Authority – CEO or his equivalentStatutory Body – CEO or his equivalentOthers – Person in ChargeConstitution of Taxpayer:Partnership Deed in case of Partnership Firm, Registration Certificate/Proof of Constitution in case of Society, Trust, Club, Government Department, Association of Person or Body of Individual, Local Authority, Statutory Body and Others etc.Proof of Principal/Additional Place of Business:(a) For Own premises – Any document in support of the ownership of the premises like Latest Property Tax Receipt or Municipal Khata copy or copy of Electricity Bill.(b) For Rented or Leased premises – A copy of the valid Rent / Lease Agreement with any document in support of the ownership of the premises of the Lessor like Latest Property Tax Receipt or Municipal Khata copy or copy of Electricity Bill.(c) For premises not covered in (a) & (b) above – A copy of the Consent Letter with any document in support of the ownership of the premises of the Consenter like Municipal Khata copy or Electricity Bill copy. For shared properties also, the same documents may be uploaded.Bank Account Related ProofScanned copy of the first page of Bank passbook / one page of Bank StatemenOpening page of the Bank Passbook held in the name of the Proprietor / Business Concern – containing the Account No., Name of the Account Holder, MICR and IFSC and Branch details.Authorization Form:-For each Authorised Signatory mentioned in the application form, Authorization or copy of Resolution of the Managing Committee or Board of Directors to be filed in the following format:Declaration for Authorised Signatory (Separate for each signatory)Declaration for Authorised SignatoryInstruction for filling Application for New RegistrationEnter Name of taxpayer as recorded on PAN of the Business. In case of Proprietorship concern, enter name of proprietor at Legal Name and mention PAN of the proprietor. PAN shall be verified with Income Tax databaseProvide Email Id and Mobile Number of primary authorized signatory for verification and future communication which will be verified through One Time Passwords to be sent separately, before filling up Part-B of the application.Applicant need to upload scanned copy of the declaration signed by the Proprietor/all Partners/Karta/Managing Directors and whole time Director/Members of Managing Committee of Associations/Board of Trustees etc. in case the business declares a person as Authorised Signatory.If you found any information missing in this answer, feel free to ask me. As I am always crazy to solve inquiries regarding GST registration procedure.

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