Overview of Trademark Opposition

Overview of Trademark Opposition

Trademark Opposition (Trademark Objection) is a legal proceeding, available in most jurisdictions, in which a party seeks to prevent a pending application for a mark from being granted registration. Although the specific grounds for bringing an opposition vary by jurisdiction, typically, a party that believes it will be damaged by the resulting registration may oppose an application for that mark. Often, the trademark opposition procedure is triggered by official publication of an application in its pre-grant stage in a government journal, gazette or bulletin.

TRADEMARK opposition

Trademark opposition rules establish an opposition period, usually ranging from one to three months after publication, in which a party’s trademark opposition must be formally entered. In a minority of jurisdictions, the trademark opposition period occurs after the issuance of a registration; this is also known as post-grant opposition. In some jurisdictions, however, no opposition is available, and cancellation after registration is an opponent’s only option.

 

A formal decision to uphold or dismiss the opposition, thereby refusing or granting the registration, usually is issued in writing. Settlement agreements, involving amendment of the goods or services of the opposed application, withdrawal of the trademark opposition and restrictions on use of the mark, are commonplace; in such cases there is no decision on the trademark opposition. Typically, the losing party in a trademark opposition proceeding can appeal an adverse decision to a higher authority within the trademark office or registry or to a court.

 

Absolute Grounds and Relative Grounds In An opposition

An opponent (the plaintiff) can raise either absolute or relative grounds in a trademark opposition proceeding. Under absolute grounds, the opponent can claim one or more of the grounds listed below. Alternatively, under relative grounds, the opponent makes a claim of prior rights in the trademark, examples of which are listed below.

 

The most frequently raised grounds for opposition are as follows:

a) Absolute Grounds

-Descriptiveness; Geographically deceptive misdescriptives

– Genericness; Functionality

-Bad faith; Fraud

 

b) Relative Grounds

– Priority; Likelihood of confusion

– Bad faith

– Business name/domain name/trade name use

– Well-known/famous mark

Most jurisdictions provide similar grounds for trademark opposition; however, there are some important exceptions.

 

Defenses to an opposition

Priority of use and no likelihood of confusion are common defenses to a trademark opposition based on likelihood of confusion. Defenses to a trademark opposition based on another ground depend on the evidence submitted by the parties and the law of the applicable tribunal. Equitable defenses, such as laches, estoppel and acquiescence, may be available in some jurisdictions. In the United States, such defenses are available, but they may have limited value because the Trademark Office has jurisdiction only over the registrability of marks, not over their actual use.

 

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China Company Tax Advisory

China Company Tax Advisory

China taxation is a financial charge or other levy imposed upon a taxpayer (an individual or legal entity) by a state or the functional equivalent of a state such that failure to pay, or evasion of or resistance to collection, is punishable by law. Taxes are also imposed by many administrative divisions.  Taxes consist of direct or indirect taxes and may be paid in money or as its labor equivalent.

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In the current tax system, China's taxation includes taxation on turnover (including value added tax, consumption tax, business tax and customs duty), taxation on profits/income (including corporate income tax for enterprises with foreign investment and foreign enterprises, and individual income tax), taxation on property and deeds (including real estate tax, contract tax and stamp duty), and taxation on natural resources (including resources tax), which are respectively in relation to different objects of taxation.

 

Moreover, China's taxation can be categorized into central taxation, local taxation, as well as local and central sharing taxation, in terms of revenue attribution and collection jurisdiction, according to which, the tax preferences and tax rates enjoyed by different corporations are always different.

 

Major Taxation in Mainland China:

•Corporate Income Tax

•Value Added Tax

•Business Tax

•Consumption Tax

•Real Estate Tax

•Land Value Added Tax

•Stamp Duty

•Customs Duty

•Individual Income Tax

•Tax Planning for Levying Value-added Tax in Lieu of Business Tax

 

Services provided as China Company Tax Advisory

•Application and Advisory for Tax Preferences

•Tax Declaration

•Individual Income Tax Declaration for Foreign Nationals

•Tax Planning of Fixed Assets

•Long-Term Tax Advisory

•Customs Duty and Goods Tax Advisory

•Domestic Investment Structure Assessment

•Transfer Pricing Service

•Provision of the Latest China Taxation Ordinances, Amendment of Rules and Regulations, as well as Practice Bylaw Materials.

•Diagnosis of China Taxation

•Tax Planning for Levying Value-added Tax in Lieu of Business tax

 

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If you have further queries, please contact Tannet

24 hours Malaysia hotline:603-21418908;

24 hours Hong Kong hotline:852-27837818;

24 hours China hotline:86-755- 36990589;

Email: mytannet@gmail.com

TANNET GROUP: http://www.tannet-group.nethttp://en.tannet.com.my

China Company Annual Return

China Company Annual Return

China company annual return is a summary of the most relevant information pertaining to a company and close corporation. By lodging annual returns, it maintain the latest information of the company. It also confirms that the company is still active in business.

 

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All companies in China are required by law to lodge their annual returns with the registration authorities within a certain period of time every year. Failure to do so will result in the committee assuming that the company is not doing business or dormant company. Non-compliance with annual returns may lead to deregistration of the company.

 

Content of Company Annual Return in China

It must include details of:

1.the company’s registered office address

2.what type of business the company running (eg retail, accountancy, catering)

3.the address where the company’s list of shareholders is kept

4.the type of limited company (eg limited by shares, limited by guarantee)

5.name and address of all company directors (and company secretary if you have one)

6.the number and value of shares issued by the company and who owns them

7.where details of ‘debentures’ (a type of loan the company has taken out with a promise to repay at a specific time in the future) are kept

 

Time of Company Annual Return in China

Annual returns for local and external companies must be filed within 30 business days from the anniversary date of incorporation. If filing later that the 30 business days, penalty incur.

 

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If you have further queries, please contact Tannet

24 hours Malaysia hotline:603-21418908;

24 hours Hong Kong hotline:852-27837818;

24 hours China hotline:86-755- 36990589;

Email: mytannet@gmail.com

TANNET GROUP: http://www.tannet-group.nethttp://en.tannet.com.my

China Company Accounting Services

China Company Accounting Services

Accounting Services for China Companies means the follow-up accounting processes going in after a company is registered. As a global service provider, Tannet provide global clients with financial accounting management and consulting services. We can also help enterprises with tax regulation, legally tax avoidance, strategic management of financial and taxation rationalization and legalization.

 

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The main goal of accounting is to provide a company with clear, comprehensive, and reliable information about its economic activities and status of its assets and liabilities. This information is presented in the form of accounting reports like the balance sheet, income statement, statement of changes in equity (also called shareholders' equity statement), and statement of cash flows (also called cash flow statement).By means of accounting reports it is possible to perform the following.

 

Accounting Services for China Companies

(1) Earlier Stage: Taxation Application:

–Tax type setting and verification;

–Tax agent training, declaration system purchasing, three parties tax deduction agreement;

–Legal representative meet with tax officer;

–General tax payer qualification application and verification;;

–Tax control system purchasing, training Application:

–Invoices purchasing

 

(2) Middle Stage: Accounting Declaration

–Financial software configuration, accounting book setting;

–Statements drafting and declaration

–Tax declaration (Circulation tax, personal tax, company income tax, statement and attached statement);

–Translation and sending of statements;

–VAT invoice deduction and verification;

–Employees’ social security, insurance and wage declaration;

–Bank reconciliation and foreign exchange settlement;

–Binding and recording of accounting documents.

 

(3) Later Stage: Financial Trusteeship

–Application of tax rebates;

–Invoice purchasing and management;

–Invoice issuing and delivery;

–Import & Export products invoice data collection;

–Auditing and asset evaluation;

–Annual settlement of Financial Bureau;

–Tax type increasing and changing;

–Application of tax exemption.

–Non-trade Certificate registration.

 

China Company accounting standard is different than any other countries; only under the complete financial system and legalization circumstances can foreign invested enterprises stand at a legal position in their future expanding stage when they need to allocate shares, reinvestment, merger and acquisition. In China, it is not accountant and interpreter you need, what you need is a comprehensive financial strategic management service institution which deserves your trusty.

 

Tannet can assist with China accounting services, including:

1. Accounting, financial reporting and consolidation

2. The preparation of management and statutory accounts

3. Arranging audits

4. VAT advice, registration and related services

5. Financial modeling and forecasting

6. Preparation of business plans

7. Preparation and filling of tax returns

8. Tax computation and submission

9. Debt analysis and recovery services

 

Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline:603-21418908;
24 hours Hong Kong hotline:852-27837818;
24 hours Hong Kong hotline:86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP : http://www.tannet-group.nethttp://en.tannet.com.my

Outsource Payroll Services

Outsource Payroll Services

Payroll is the sum of all financial records of salaries for an employee, wages, bonuses and deductions. In accounting, payroll refers to the amount paid to employees for services they provided during a certain period of time. Businesses may decide to outsource their payroll functions to third party for better management.

Outsource Payroll Services

Advantages of Outsourcing :

  1. Time Savings – Payroll processing inside your business is a time-consuming process. Outsourcing payroll allows employers to concentrate on their core business and frees up the business owner, human resources or accounting personnel to work more on strategic tasks that could ultimately affect your bottom line.
  2. Reduce Costs – The direct costs of processing payroll can be greatly reduced by working with a payroll provider.  If you outsource payroll, you don’t have to worry about your payroll processing company calling in sick, resigning, wanting to take a vacation OR wanting to request a possible maternity leave that you have to pay for.
  3. Avoid Mistakes / Penalty – A good payroll-services provider is far less likely to make a serious error than your in-house staff. Many outsourced payroll providers calculate payroll taxes, manage filings and payments and will assume the cost of penalties due to incorrect calculations or late payments as long as you provide the necessary information and funds on time.
  4. Team of Experts – By outsourcing payroll, a small business can take advantage of the experts. The most valuable payroll companies have a team of experts who handle many areas of Human Resources and Payroll.
  5. Reliable & Enhanced Security – Payroll processing is a complex and potentially risky business operation. Even with long time trusted employees, there is always a risk of identity theft, embezzlement of funds, or tampering with company files for personal gain. By outsource to the reliable payroll provider, business owner don't have to worried on this.
  6. Peace of Mind – With the help of a professional payroll service provider, the hassle and pain often associated with processing payroll is gone. You provide the basic information, and your payroll company takes care of the rest. you can eliminate the worry that many experience when it comes to paying employees and taxes correctly and on time

 

For a foreign investors stepping into a new market (China, Hong Kong and Malaysia), they may require a reliable agent to deal with the human resource management because it takes much time and energy. Tannet Malaysia can assist corporate with combining human resources and development strategy, to effectively enhance enterprises' results and benefits, and help enterprises to design flexible and encouraging remuneration packages, to increase employee's working capacity and sense of belonging.

 

Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline:603-21418908;
24 hours Hong Kong hotline:852-27837818;
24 hours Hong Kong hotline:86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP : http://www.tannet-group.nethttp://en.tannet.com.my

Business Proposal Drafting

Business Proposal Drafting

A business plan is an essential road map for business success. This document generally projects 3-5 years ahead and outlines the route a company intends to take to grow revenues in the future. A well-written business plan can mean the difference between success and failure — not only when it comes to securing capital, but also as it relates to actually running your company.

 

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Why to make a business plan

A business plan is a written document that describes your business. It covers objectives, strategies, sales, marketing and financial forecasts. A business plan helps you to clarify your business idea, spot potential problems, set out your goals and measure your progress. You’ll need a business plan if you want to secure investment or a loan from a bank. It also provides a clear picture of your planning to your customers, suppliers and potential employees.

 

What to consider before making a business plan

1. How Long Should Your Plan Be?

2. When Should You Write It?

3. Who Needs A Business Plan?

4. Why Should You Write A Business Plan?

5. Determine Your Goals and Objectives

6. Outline you Financing Needs

7. Plan what you'll do with Your Plan

8. Don’t Forget About Marketing

 

What to avoid in your business plan

Place some reasonable limits on long-term (over one year), future projections. Better to stick with short-term objectives and modify the plan as your business progresses. Too often, long-range planning becomes meaningless because the reality of your business can be different from your initial concept.

 

Avoid optimism. In fact, to offset optimism, be extremely conservative in predicting capital requirements, timelines, sales and profits. Few business plans correctly anticipate how much money and time will be required.

 

Avoid language or explanations that are difficult to understand. Do not ignore spelling out what your strategies will be in the event of business adversities.

 

Don't depend entirely on the uniqueness of your business or even a patented invention. Success comes to those who start businesses with great economics and not necessarily great inventions.

 

Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline:603-21418908;
24 hours Hong Kong hotline:852-27837818;
24 hours Hong Kong hotline:86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP : http://www.tannet-group.nethttp://en.tannet.com.my