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  • Thema von MartinRoberts im Forum Dies ist ein Forum in...

    A trademark is a recognizable design, phrase, or mark that distinguishes a product or service from a particular source from those of others. Sometimes a mark used to identify a service is called a service mark, particularly in the United States. The trademark can be owned by a company, legal entity or individual and is usually found on a label, packaging, voucher, the product itself or sometimes even on company buildings. The primary purpose of a brand is to communicate that a product comes from a unique source and to differentiate it from other, similar products. For example, a trademark application serves to protect a brand name in order to preserve its original authorship.

    Trademarks are protected by intellectual property rights. Intellectual property means a creation of the mind and a monopoly over that mind, assigned and protected by law to the owner of that intellectual property. Trademarks, patents, copyrights and design rights are all part of intellectual property rights. Any unauthorized use of the trademark through the manufacture or sale of counterfeit consumer goods constitutes an infringement of intellectual property rights known as trademark piracy. In the event of such infringement, the trademark owner may take legal action against trademark infringement.

    Reasons to register and protect your trademark
    Some countries, including the United States and Canada, recognize common law trademark rights, which allow action to be taken to protect a brand name even if a trademark has not been registered on it. Nevertheless, it offers significantly less legal protection compared to registered trademarks. Most countries now require formal trademark registration in order to take legal action against trademark infringement. Below is a quick guide on how to go through the process of registering your own trademark.

    If the brand name is already in use before the trademark is registered, registration can be applied for under the concept of commercial use, declaring that the brand name is used commercially and is dated when it was first used. The declaration is usually included in the standard application form, which then has to be submitted to the competent authority with a sample showing the use of the brand name. Before submitting the registration form, it is necessary to search for existing trademarks related to a specific brand name - this can be done online.

    Recent major trademark infringement cases
    There have been numerous trademark infringement cases in the history of industrial property rights. Each of them serves as a reminder that intellectual property infringement is as serious an offense as physical property infringement.

    #1 Louis Vuitton vs. Louis Vuitton Dak
    Fashion designer Louis Vuitton recently won a trademark lawsuit against a South Korean fried chicken restaurant, Louis Vuiton Dak. The court ruled that not only was the restaurant's name too similar to the fashion brand, its logo and packaging closely resembled the designer's iconic imagery.

    #2 Starbucks vs. Freddocino
    In 2016, Starbucks took legal action against the company that owns the Coffee Culture Cafe in New York after it launched a drink called Freddocino. Starbucks owns a trademark for the term frappucino and notes that not only do both names share too many similarities, but both drinks share the same structure and visuals.

    #3 3M vs 3N
    3M initiated a lawsuit against a Chinese company using the 3N brand name and won on the grounds that the company had managed to attract customers and a significant market share thanks to similarities with 3M and its high distinctiveness and reputation of this brand name.

  • Checking accountDatum08.06.2023 23:11
    Thema von MartinRoberts im Forum Dies ist ein Forum in...

    A checking account is a deposit account opened with a bank that allows numerous withdrawals and unlimited deposits. The checking account is the most liquid account and can be easily accessed at any time through ATMs, checks, online banking, credit or debit cards. Due to its properties, the checking account is also known as a sight or transaction account.

    Many financial institutions offer checking accounts for very low monthly or yearly fees and traditionally banks use this service as a loss leader. Loss leader is a marketing term that encompasses offering a product below its market value in order to attract consumers. When consumers are approached with free or low-cost checking accounts, banks offer them more profitable products such as mortgages, personal loans, life insurance investments, or retirement funds.

    Checking account features
    Various types of current accounts have been developed to meet the needs of users. These can be student accounts, business accounts, and joint accounts for households. Due to the liquidity, current accounts usually do not offer any interest income.

    Current accounts can be easily set up for private individuals in bank branches. Businesses may be required to go through a specific process depending on banking rules and government regulations. The current account is one of the most practical solutions to have your cash available for all transactions, e.g. For example, to pay your bills, buy goods online, and pay with a credit or debit card in a store. The current account is the simplest banking service and is used by almost every bank customer in the world. This account gives you the freedom and convenience to access your funds instantly at no additional cost, except for transaction fees in some cases.

    Some banks offer checking accounts with a certain credit limit that you can use in an emergency. If this is the case with your transactional account, you can rest assured that you will have access to extra cash at any time. Meanwhile, you should be more careful not to exceed your balance without some important reason. Typically, this short-term loan is associated with high interest rates. For some people who like to spend as much cash as possible, a checking account with a line of credit may not be the best option.

  • Company formation in NiueDatum12.12.2022 14:08
    Thema von MartinRoberts im Forum Dies ist ein Forum in...

    The development of telecommunications and economic globalization have made it possible for interested investors to set up companies all over the world. With proper research, financial investment and legal backing, companies can be safely incorporated in almost any country in the world. However, since incorporating a company in Niue is not advisable, we recommend choosing one of the following options instead: Tokelau, Hong Kong, Tonga, American Samoa or United Kingdom.

    Many countries offer specific advantages, unfortunately the current company formation process in Niue is proving to be quite an inefficient, sometimes impossible and risky proposition. Currently we are not considering incorporating in Niue, choose one of the alternatives because in this situation it would be more efficient to explore overseas options that offer greater opportunities for business development such as Tokelau, Hong Kong, Tonga, American Samoa, or United Kingdom.

    Company registration procedures in Niue
    Company Registration – is a procedure of preparing constitutive legal documents according to the legal regulations and domiciliary court requirements, submitting the entire package to the official state institution responsible for keeping all records in the Central Register of Companies, as well as obtaining an official decision on company incorporation from the competent authority. Establishing a legal company on the territory of a particular jurisdiction is an integral part of growing one's business, which every investor and entrepreneur must undergo.

    Unfortunately, the current political and economic situation in Niue is not the most favorable for company formation and international business development. Confidus Solutions cannot guarantee that a business structure will be registered in Niue on time, if registered, however. We also recommend considering incorporating in Niue as Niuean companies may also have major problems opening bank accounts and making international bank transfers. You could consider Tokelau, Hong Kong, Tonga, American Samoa or the UK as possible options.

    Bank account opening in Niue
    Due to opening a bank account in Niue, this may not be the most efficient solution, if at all possible. If you are looking for opportunities to invest in foreign companies, you may want to consider opening a bank account in another jurisdiction. Our corporate law, international investment and global economics experts can offer potential investors, venture capitalists and entrepreneurs detailed advice on the current market situation and which banks can be considered as the most efficient solution instead of the Niuean bank account.

    Virtual office in Niue for tax purposes
    Having a registered address, local presence and office in a country of domicile is a relevant matter for each country's tax authorities. However, for international business, a much more acceptable solution would often be to simply set up a virtual office dedicated solely to receiving and forwarding incoming mail, arranging shipping, setting up a bank account, and handling local phone calls.

    If you are about to research a business formation in Niue, it is important to be aware that there are currently things in Niue that make starting a business in Niue a high-risk endeavor. Therefore, we do not offer this service as well as the establishment of all other corporate and tax structures. Based on your needs, we strongly recommend looking at the following solutions: Tokelau, Hong Kong, Tonga, American Samoa, or United Kingdom.

  • Thema von MartinRoberts im Forum Dies ist ein Forum in...

    There are many aspects to consider when comparing different countries where you can set up your business. Although it highly depends on the company structure and business activities, each country has its own procedures and requirements that can facilitate or, on the contrary, complicate the operation of your company. These aspects can be related to the tax policy, hiring of employees and even the political stability of the country. Equally important is the process of incorporation of the company. Each country has its own process, timeline and requirements to follow when starting a business and often these processes indicate the level of bureaucracy and business environment in that jurisdiction.

    Various jurisdictions offer the opportunity to go through the company formation process online, which means it takes less time and effort and the entrepreneur is able to set up his or her business from anywhere in the world without leaving their home or office . This is beneficial for the entrepreneur as the incorporation process usually takes less time and the company can start operating sooner. It also points out that the jurisdiction has advanced information systems and other government services are most likely available online as well.

    South Africa
    South Africa is one of the jurisdictions where you can register your company online in a few simple steps:

    Select your preferred type of company and fill out the relevant application form online. You will then receive a confirmation email with a payment reference number.
    The first available company name will be reserved with the Companies Commission and the application for incorporation with the reserved name and other documents will be filed for registration.
    You will receive a company registration certificate COR14.3 with company tax number by email. You will also receive an email with links to download your company registration documents.
    With your COR14.3 company registration certificate, you can open a commercial bank account and also apply for a tax clearance certificate and/or an affidavit.

    Australia
    Australia also offers to register your company online. This is currently a beta service and is still under development, but it is already possible to integrate your business online. The online business registration service is currently available for new businesses starting as a joint venture, sole proprietorship, trust, company or partnership who can apply for a company name, ABN (Australian Business Number) and business and tax registrations. Pension funds can also use this online service in the future. This service is also available to existing companies with an ABN and can apply for tax registration or an AUSkey login. The Australian online business registration service is organized in three simple steps:

    Complete an online application and select an available company name. The company name search engine is available online for free.
    Complete a registration fee and file the application for incorporation with ASIC (Australian Securities and Investments Commission) and you will receive an email confirming your filing.
    You will receive an ACN and ASIC certificate by email within 2 minutes along with the company register and tax receipt. If you have also requested an ABN, you will receive this via email within 1 hour during business hours. If domain names have been ordered, they will be registered immediately. With these documents you can open a bank account.
    Other jurisdictions offer company formation online. For example, if your company is limited to shares and has standard articles of incorporation, it can be registered in the UK in 24 hours for £12 (compared to 8-10 days and £40 if applying by post).

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