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Muskan Dewan   28 August 2023

Fema, 1999

What is know how and brand name ? What guidelines govern the cross border transfer of the license ? Indian citizen wants to use the Brand Name from a foriegn entity, what is the proedure and what RBI circulars governs the same.


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     29 August 2023

The foreign proprietors having an international trademark must register their trademark in India for protecting it from any infringement that may take place in India.

You can only use a business name that has not been registered in India, in any state. Therefore, before choosing a business name, you can search for its availability through MCA. A selection of your company's name is one of the most crucial decisions you will make when starting a new business.

1 Like

Muskan Dewan   29 August 2023

Can we have a license from the foriegn brand to use their brand name in India ? How can we obtain a know-how and a brand name from a foriegn brand ? What is a know-how ?

T. Kalaiselvan, Advocate (Advocate)     29 August 2023

You may have to search for it through your own sources to know if there is any such name or brand exists before trying to utilise it

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