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    Trade Marks Registry - LOCATION AND JURISDICTION
    Trade Mark - FAQ
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    Activities relating to Road such as construction or maintenance / repair and applicability of service tax:
    Activity of deputing some officials and staff to another group company which were engaged in day-to-day activities - Whether constitute management con...
    Whether the Cenvat Credit of Service Tax Paid on GTA Service used for the transportation of material (i.e. iron, steel and cement) for the purpose of...
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    India’s Foreign Trade – April, 2009
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    Non-recovery of service tax from clients is not a valid excuse for non-payment of tax and waiver of penalty
    Stamp papers do not have any expiry period
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    Automation of Central Excise and Service Tax [ACES] application
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June 13, 2009
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Trade marks registry jurisdiction assigns regional territorial coverage and contact points for filing and administration.
Trade Marks Registry lists regional offices with contact details and assigns territorial jurisdiction to each office to determine the appropriate registry for trademark filings and administrative communications.
June 13, 2009
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Trade mark distinctiveness determines registration rights and exclusive use for goods or services after procedural filing.
A trade mark is a visual sign used to distinguish goods or services; registration requires graphical representability, distinctiveness and use or proposed use to indicate a trade connection. Applicants claiming proprietorship must apply in prescribed form specifying the mark, goods/services and applicant particulars. The Registrar determines class under the International Classification. Registration grants exclusive use rights subject to register conditions and coexisting registrations; procedures exist for opposition, renewal, rectification, restoration and removal, and corrections that do not substantially alter the mark are permitted.
June 13, 2009
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Design registration secures exclusive rights in novel ornamental features and enables civil remedies for unauthorized use.
Design registration under the Designs Act, 2000 secures exclusive copyright in the ornamental features of articles-shape, configuration, pattern, ornamentation or colour-when new or original, visible on the finished article, applicable by industrial process, and not a mere mechanical device, trademark, property mark, or excluded artistic work; registration lasts ten years (from priority if claimed) with a single five year extension, and infringement permits civil remedies in courts not below the District Judge.
June 13, 2009
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Intellectual property office contacts provide authoritative addresses and contact details for patent, design, trademark, and GI filings.
Directory listing operational addresses, telephone, fax and email contact details for the Controller General and regional offices of the Patent Office, Designs Wing, Trade Marks Registry and Geographical Indications Registry, with a procedural note that design applications may be received at designated patent office locations.
June 13, 2009
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Patent protection is territorial: file locally to establish priority and preserve rights for corresponding foreign filings.
Patent protection in India is territorial and requires separate national filings; Indian filing preserves foreign priority. Applications may be provisional or complete, with a provisional followed by a complete specification within the statutory period. Core Patentability criteria are novelty, inventive step, industrial applicability, and exclusion under statutory provisions. Procedures include publication after the secrecy period, optional early publication, request for examination, issuance of a First Examination Report and statutory compliance within the prescribed time or abandonment; pre-grant and post-grant opposition mechanisms and renewal/term rules are also provided.
June 12, 2009
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Service tax applicability on road works: maintenance and repair are taxable while specified construction activities remain non taxable under guidance.
Service tax guidance distinguishes taxable maintenance or repair services from non taxable construction activities for road works. Maintenance and repair (including resurfacing, renovation, strengthening, relaying and filling of potholes) are treated as taxable, while laying new roads, widening existing roads and changing road surface type are identified as non taxable construction activities under the circular's clarification.
June 10, 2009
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Management consultancy classification: deputation of employees to group company not taxable as management consultancy under service tax rules.
Deputation of personnel to an affiliated company where the sending company retains payroll responsibility and the deputed staff perform routine operational tasks (purchase, sale and similar activities) does not constitute management consultancy for service tax classification; the conclusion rests on the functional character of the services and consistency with precedent addressing similar deputation arrangements.
June 10, 2009
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Cenvat Credit on GTA services for transporting construction materials is allowable as input service related to factory setup.
Cenvat Credit on service tax paid for Goods Transport Agency (GTA) service transporting materials like iron, steel and cement for civil work qualifies as an input service related to setting up the factory and is therefore allowable as credit under the relevant definition.
June 3, 2009
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Service tax on renting of immovable property: Special Leave Petition filed; notices issued and no interim stay.
Central government filed a Special Leave Petition against the Delhi High Court judgment on service tax for renting of immovable property, including an application for exemption from filing the certified copy of the impugned judgment and a prayer for interim relief; notices were issued and no stay was granted.
June 3, 2009
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Digital certificate registration requirement enhanced for e filing, adding activation, secret question security, captcha and upload validation.
E filing procedures now require digital certificate registration for certificate based uploads, with activation via emailed URL within ten days. Registration and recovery use captcha and optional secret question and answer; password strength indicators are added. XML upload returns consolidated error reports and offers CSV downloads for extensive errors, while successful uploads permit immediate download of ITR V/ITR Acknowledgement PDF. Utilities and schemas are available for all years and Know Your Jurisdiction is relocated to Services.
June 1, 2009
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Trade contraction: Exports and imports both declined markedly in April, reducing the merchandise trade deficit compared with prior year.
April 2009 merchandise trade data show significant year over year declines in exports and imports, with imports falling more sharply and the monthly trade deficit narrowing compared with April 2008. Oil imports declined markedly more than non oil imports. Figures are given in US dollars and Indian rupees, with April 2009 data provisional and 2008-09 figures revised.
May 27, 2009
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Burden of proof in reassessment: Revenue must produce new material showing reason to believe income escaped.
Once the basic or primary facts have been disclosed, the onus lies on the Revenue to prove that amounts represent undisclosed income; a mere change of opinion does not justify reopening-there must be new material constituting a reason to believe that income escaped assessment.
May 27, 2009
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Duty to maintain accounts: department need not issue third-party summons at an assessee's request to obtain another's books.
The court underscored that the duty to maintain proper accounts lies with the assessee and, absent confirmations or production of the third party books, the Department is not obliged to issue summons to third parties at the assessee's request; granting such requests without foundation risks harassment and does not warrant exercise of extraordinary writ powers to compel third party production, separate from any inquiry into affiliation bye law compliance.
May 15, 2009
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Non-recovery of tax from clients is not a defense; service tax penalties apply despite late payment or collection.
Non-recovery of service tax from clients and ignorance of law are not valid excuses for non-payment; registration imposes quarterly payment and filing obligations, and late payment or late returns-even if tax with interest is later deposited-do not constitute reasonable cause to avoid penal liability under the service tax penalty framework. Lack of intent or administrative confusion post-registration does not bar imposition of penalties, and revisional assessment of penalty is supportable on that basis.
May 14, 2009
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Stamp paper validity: no statutory expiry; improperly stamped documents may be admitted after duty and penalty payment.
Stamp papers have no statutory expiry for use; the six month period in the refund provision limits only the right to surrender for refund and does not restrict use. Differently dated or separately purchased stamp sheets do not automatically invalidate an instrument and may be remedied by payment of duty and penalty. Finger/thumb impression comparisons require methodical analysis of characteristic features; unclear impressions or denial of execution necessitate caution and, ordinarily, expert assistance. The burden to prove execution and genuineness of a propounded document rests on the proponent.
May 8, 2009
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Judicial appointments confirm elevation and fixed additional-judge tenures commencing upon assumption of office.
Two Chief Justices of State High Courts were appointed as Supreme Court Judges under clause (2) of article 124 in a specified order of seniority, with appointment effective on assumption of charge. Separately, five individuals were appointed as Additional Judges of the Delhi High Court under clause (1) of article 224 for a two-year tenure and in a prescribed seniority order, effective from the dates they assume charge.
May 8, 2009
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Draft rules under Information Technology Amendment open for public comment, inviting submissions from intermediaries and stakeholders.
Draft rules under the Information Technology (Amendment) Act, 2008 have been published on the Department of Information Technology website and are open for stakeholder comments. The invitation covers any person or entity, including intermediaries and service providers, with submissions accepted by designated e mail, by post to the Head of the Cyber Law Division, or via the website mailbox, and a latest date for receipt of comments is specified.
May 6, 2009
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Accrual accounting transition: government plans national rollout after pilot studies, adopting harmonised public sector reporting standards.
Migration to accrual accounting for central and state government financial reporting is proposed through phased pilot implementations leading to national rollout. Reporting will use a common set of financial statements-Balance Sheet, Statement of Financial Performance and Cash Flow Statement-prepared under Indian Government Financial Reporting Standards harmonised with International Public Sector Accounting Standards to improve presentation of government financial position and performance.
May 5, 2009
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Service tax on lottery promotion: inapplicable where lottery tickets are actionable claims not goods, restricting retrospective taxation.
The levy on promotion or marketing of lotteries was challenged; lottery tickets were held to be actionable claims and not goods, so promotion by agents is not service taxable as business auxiliary service. An explanatory amendment treating organization and promotion of lotteries as taxable introduced a new charging concept and cannot be given retrospective effect; it raises constitutional implications about allocation of taxing powers and expansion of the taxable net.
May 5, 2009
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Automation of Central Excise and Service Tax processes via ACES expands eFiling and enables electronic payment of duty liabilities.
Automation of Central Excise and Service Tax administration has been implemented through the ACES application, rolled out across multiple commissionerates. Updated eFiling utilities for all Central Excise and Service Tax returns have been released and are available for download, and taxpayers can remit duty liabilities via an e-Payment option on the ACES homepage.

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