We at Eshwars are delighted to share our next video from our AllThings IP, knowledge video series. In this video titled “Five Basic aspects of TM examination process” we talk about some of the most important aspects of the trademark examination process in India. We also request you to subscribe to our YouTube channel – Eshwars to receive regular updates. In case of any queries, feel free to write us at ip@eshwars.com.

FIVE BASIC ASPECTS OF TM EXAMINATION PROCESS

GRAFFITI #1

RELAXATIONS FROM MINISTRY OF CORPORATE AFFAIRS PURSUANT TO RESURGANCE OF COVID-19 PANDEMIC:

1. Board Meeting- Minimum gap between two Board meetings:

Ministry of Corporate Affairs (MCA) had vide its General Circulars dated 03rd May 2021 extended the gap for conducting Board Meetings as specified under section 173 of Companies Act, 2013, by a period of sixty days (60 days) from the initial period of one hundred and twenty days (120 days) for the first two quarters of the financial year 2021-22. Accordingly, the gap between two consecutive meetings of the Board shall be extended to one hundred and eighty days (180 days) during the quarters April to June 2021 and July to September 2021, instead of 120 days.

2. Relaxation on levy of additional fees in filing of various Forms:

Ministry of Corporate Affairs (MCA) had vide its General Circulars dated 03rd May 2021 provided relaxation of time up to 31st July 2021, for filing various forms (other than CHG-1, CHG-4 & CHG-9 Forms) under Companies Act 2013 and Limited Liability Partnership Act, 2008, for which the due dates fall between the period 1st April 2021 to 31st May 2021.

3. Relaxation for creation / modification of charges

Ministry of Corporate Affairs (MCA) had vide notification dated 3rd May 2021 had relaxed the timelines for filing of forms related to creation / modification of charges. As per provisions of Companies Act 2013, Read More

GRAFFITI #2

MARKETER OF DRUG LIABLE FOR QUALITY – CHANGES TO DRUGS & COSMETICS ACT.

One of the licences that is issued under the Drugs and Cosmetics Act 1940 (DCA) for manufacturing of drugs is given to a licence applicant who does not have a manufacturing facility and intends to get the drug manufactured through a person with such facility and a manufacturing licence. Under the DCA such licences are referred to as loan licences, and commonly known as contract manufacturing.

Prior to March 2021, the responsibility of maintaining the quality of drugs lied solely with the contract manufacturer and only the name and address of the contract manufacturer of the drug was required to be printed on the label or container of the drug. Read More

GRAFFITI #3

THE COPYRIGHT RULES AMENDMENT 2021:

The Department for Promotion of Industry and Internal Trade (DPIIT) of the Ministry of Commerce, had, vide a notification dated 30th March 2021, published the Copyright Rules (Amendment), 2021. The amendments have been introduced with the objective of bringing the existing rules in consistency with the Copyright Act, 1957. Some of the key highlights of the said amendment to the Copyright Rules 2013, are as under:

1. A new provision with respect to publication of Copyrights Journal has been inserted under Rule 7 (5), thereby eliminating the requirement of publication of copyright works in the Gazette. The Copyrights Journal would now be available on the official portal of the Copyright Office www.copyright.gov.in. This change has been made to Read More

GRAFFITI #4

RECENT CHANGES TO CSR RULES – ACTIONS TO BE TAKEN BY COMPANIES

Ministry of Corporate Affairs has introduced numerous changes to Corporate Social Responsibility (CSR) and the said changes were notified on 22nd January 2021 (“Amendments”). In this regard there are certain actions which may be required to be undertaken by the Companies to whom CSR is applicable.

In this article, we have highlighted specific actions which the companies may have to take. Read More

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