Everyone has a mobile phone in today’s world and knows how to operate it. There are many app which are available on the google play or apple store for an individual to use like app for various functions like booking tickets for movie, flight, trains or for transferring money online or communicate to other people. In today’s world where there is internet there is a high risk of piracy. Like the movie udta pubjab was leaked on the net. Thus, it becomes very important to protect your app from such people who copy your app.
Firstly, it is very important to have the app registered in the name of the proprietor or any body corporate like limited liability partnership. LLP is a good option if you want the features of a company i.e. separate legal entity and of partnership. the partners of LLP has only limited liability unlike the traditional partnership. It is governed by the Limited Liability Partnership Act, 2008. Forming an LLP is very easy and simple and your just must follow the steps given below:
- Firstly, you require two or more partners to incorporate an LLP.
- LLP registration is mandatory with the ministry of corporate affairs.
- You are required to obtain and designated partner identification number from the Ministry of Corporate Affairs.
- Also, you are required to apply for Digital Signature Certificate from the Ministry of Corporate Affairs.
- you must reserve a name for your LLP which should be unique and represent your app or work. It can be done through LLP-RUN web services
- you must fill the Fill the Form for the incorporation and
- you pay the fee prescribed for incorporation
- then file an LLP agreement as executed between the partners.
Thus, forming an LLP in India is very easy and simple and the LLP has few compliances which an LLP must comply with unlike a Company.
Trademark is a word, phrase, design, symbol which makes a name and a brand of a business. Due to your unique features, an app can be trademarked so that no one makes unauthorized copies and earn you’re your hard work. You require a trademark registration of your app as it is a proof authenticated by government that the app belongs to you only. The trademark is registered by the Controller General of Patents, Designs and Trademarks, The Ministry of Commerce and Industry, Government of India. in India, Trademarks are governed by Trademark Act, 1999 which specifies various rights of an owner of a trademark. a trademark can be obtained for a period of 10 years which can be renewed for further 10 years.
One can easily register their trademark by following the below mentioned easy steps:
- make sure your trademark / app is unique and has not been registered earlier by any other person. You can search trademark by doing a public search at https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx.
- there are various classes in which you can register you trademark. you must choose the class of your trademark wisely and carefully as it should represent your business and your app for which you are taking trademark registration
- you have to file form TM-A for registration of a new trademark and pay the prescribed fee which is available at http://www.ipindia.nic.in/form-and-fees-tm.html/. It must be noted that the fee for online application is less than the fee for physical filling.
- In case you are filling offline application then you should send the duly singed and filled form to the trademark office having jurisdiction. In online application you just must submit the application online there is no need to send it to the trademark office
- Then the registrar of the trademark will examine your trademark
- He may provide with an examination report and raise objections regarding registration.
- You can submit a reply to the same and the registrar may remove objections
- He will then advertise your mark and then will grant you a certificate of registration.
Thus, your app can be registered in these easy steps. However, you must be vigilant for the whole procedure.
In todays world of internet, it is very important to protect your hard work like your mobile app. You can protect your mobile app by getting it trademarked. Trademarking your app will help you in not only protecting your app from unauthorized use however, it will also provide you a remedy to sue them for compensation in case of any unauthorized use by them. Thus, your mobile app will be protected by getting the same trademarked with the registrar of trademark.