Food hygiene is still an Issue for Online Food Business. Here is why!

Food License Fssai

Upon the introduction of affordable internet services, India began to witness a surge of radical changes in people’s lifestyle choices. From Netflix to Uber, and from OYO to Swiggy, the revolution that entailed next has so many names, and which actually transformed the whole concept of entertainment, traveling, lodging and dining. However, despite the endless ease and advantages the phenomenon has offered, some miscalculations unwarrantedly seeped-in to adulterate the things on which depended all other factors, inarguably, the food.

In a recent survey undertaken by a popular online social media channel, it was revealed that more than 2/3rd of the customers ordering food via online food-delivery service providers e.g. Swiggy, Zomato, Food Panda, Uber Eats, etc., are ridiculed and worried over the quality of the food delivered to them. Several instances of temporary food outlets were also accounted for where the disposition of the food handler is often only about getting the work done without having the slightest concern about the hygiene and health of the consumers. As a result, a large number of medically critical cases associated with unhygienic preparation of food were seen. In such a scenario it becomes exceedingly important for FSSAI to take a strict stand against the subversion and toward the process of allotting the food license to all the online and offline FBOs (Food Business Operators).

Significance of Food Safety and Food License

Not that FSSAI, short for Food Safety and Standards Authority, has not devised a plan to address the hygiene issue.  The Food Hygiene Rating Scheme which is an online rating procedure that seeks to enable consumers to make better-informed decisions about the places they visit for dining they eat out is a live example of the efforts being made to curb the outbreak of foodborne diseases. FSSAI as a part of the game plan had also made projections of a ‘reciprocative effect’ to follow, which de jure compelled numerous online FBOs to enhance their hygiene standards.

The concept of Hygiene score definitely came a little late in India, however, this definitely depicts the commitment of the Indian government to ensure food safety. As a result, setting up a food business in India and acquiring a Food license online might not be a cakewalk anymore.

FSSAI Registration attributes a crucial characteristic in devising the supervision of food processes for retaining a standard quality of food and ensuring food safety throughout in India.

FSSAI put in effect the articulated measures to remove the harmful contents present in the food as a result of neglecting food quality maintenance.

How to Get Food License in India?

Food license registration under the Food Safety and Standards Authority of India only involves a few steps that consist of visiting the online FSSAI registration portal and filling the form, followed by uploading all the necessary documents, followed by making the payment of a negligible amount. The complex part entails after the food license registration, which is compliance with the regulations laid down by FSSAI to arrest the issue of food hygiene.

The Obligatory Part of Food License Acquisition

In order for FBOs to obtain Food License, they are required to make FSSAI Registration adhering to five basic directive principles modeled around ensure safety and standardized quality of food.

1. Coach each and every food handler by appointing licensed Food Safety Supervisors.
2. Log on to the official FSS portal "FOSTAC" for training and assistance.
3. Food Safety Display Boards should be comfortably visible inside the building. 
4. Food samples should be periodically sent to FSSAI certified labs for testing.

On the customers’ end, which cannot be discounted in order to completely ensure a healthy intake of food, few simple steps can be followed. For instance, washing both hands before handling food, keeping un-eatables away from processed food, consumption of food articles within the specified duration, reading the food composition details, etc. are the few measures consumers can adhere to.

FSSAI Food License classifications in India

Food Safety and Standards Authority of India issues 3 distinct forms of Fssai Registration Online in India as follows.

1. Basic/General FSSAI Food License Registration: Compact FBOs including small manufacturers, logistical and storage units, distributors, local retailers, etc. are mandatorily required to register for a basic FSSAI food license issued by the Government of State for a period of 12 months which can be extended to 5 years. In addition, this is technically applicable for FBO units having turnover below 12 lakhs per annum. The remaining ru depends on the eligibility, the FBO can thus fall under either the State FSSAI License or the Basic Registration.
2. The State FSSAI Food License: All the FBOs and associated businesses with a turnover of exceeding the 12 lakhs mark, often the small to medium food manufacturers, logistics and storage suppliers, etc. to get the State FSSAI Food License. This license issuance falls under the jurisdiction of a State Government with similar validity criteria as of the basic/general food licenses, i.e. from 1 year to a maximum of 5 years.
3. The Central FSSAI Food License: This category subsumes all the FBOs with a turnover larger than 20 crores, often constituting large food manufacturers, dedicated export business units, also FBOs in the service of the Central Government agencies e.g. airports, seaports, etc. A separate central FSSAI food license may also be required for the parent or the head office (applicable if the FBO is operating in more than two States. The term for the central FSSAI food license shall also be the same as in the other cases.

*Eligibility for state/central and, general food licenses may vary inter and intra-categorically.

The conclusion

Long story short, Fssai Registration is merely a means to govern and regulate the ever-growing food business so that instances of adulteration and food-borne illness can be stopped. And a harsh stance of the FSSAI is a way of promulgating the uncompromising nature of the matter i.e. public health. Hence, not only the governments but it is the moral duty and integrity of the online food business operators as well, to maintain the sanctity of the business and the health of the people, especially when the unavoidable loopholes in the government policy surfaces.

For more information regarding FSSAI Registration please contact Enterslice.

Patent Registration in India: A Complete Procedure - Enterslice

What is Patent Registration?

After the process of patent registration, one gets intellectual property right to an invention carried out by an individual or a firm. In case it is unique, the government will grant you the full right for your product. It grants you the full right of making, using, selling or importing the product or process and prohibits others from doing so. The patents in India are governed by the Patent Act 1970 and Patent Rules 1972.

The lifetime of a patent is 20 years. This period is limited in most cases, but it could only be extended by the act of congress and in rare cases, it could be extended for a few years.

The patent could be for many things, be it process, art, a method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs. We, at Enterslice, act as a patent agent and helps companies register themselves in Delhi NCR, Mumbai, Bengaluru, Chennai, and all other Indian cities.

What can be Patented in India?

1. Patentable subject matter:
 The foremost consideration is to determine whether the invention relates to a patentable subject-matter. Sections 3 and 4 of the Patents Act list out the non-patentable subject matter. As long as the invention does not fall under any provision of Sections 3 or 4, it means it has patentable subject matter (subject to the satisfaction of the other criteria).

2. Novelty:
Novelty is an important criterion in determining the patentability of an invention. novelty or new invention is defined under Section 2(l) of the Patents Act as "any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art".

Simply put, the novelty requirement basically states that an invention should never have been published in the public domain. It must be new with no same or similar prior arts.

3. Inventive step or Non-Obviousness:
Inventive step is defined under Section 2(ja) of the Patents Act as "a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art". This means that the invention must not be obvious to a person skilled in the same field as the invention relates to. It must be inventive and not obvious to a person skilled in the same field.

4. Capable of Industrial Application:
Industrial applicability is defined under Section 2(ac) of the Patents Act as "the invention is capable of being made or used in an industry". This essentially means that the invention cannot exist in the abstract. It must be capable of being applied in any industry, which means that the invention must have practical utility in order to be patentable.

What Kind of Inventions cannot Be Patented?

here is a lot that can be patented. So, here are some examples of what cannot be patented.

According to the Patents Act, an invention cannot only constitute:

• a discovery, scientific theory or mathematical method,
• an aesthetic creation,
• a scheme, rule or method for performing a mental act, playing a game or doing business, or a computer program,
• a presentation of information,
• a procedure for surgical or therapeutic treatment, or diagnosis, to be practiced on humans or animals. 
• Software and business methods
• An idea that only constitutes a computer program or a scheme, rule or method for doing business, is not of a technical nature and cannot, therefore, be patented. However, inventions that are of a technical nature which include a business method, or which are carried out or can be carried out by a computer program, can be patentable. 

What is the Importance of Patent Registration in India?

1. Exclusive Rights
As mentioned earlier, patents provide exclusive rights which allow the inventor to exclude others from using the invention. Particularly, for 20 years from the date of filing the patent application.

2. Strong Market Position
Since the inventor has obtained the exclusive right to the invention, the inventor can exercise this right by preventing others from commercially using the patented invention thereby reducing the competition and thus establishing a place in the commercial market.

3. Higher Returns on Investments
Having invested a considerable amount of time and money in developing the invention, under the umbrella of exclusive rights, the inventor could bring in the invention to the commercial market and thus obtain higher returns on the investment. Of course, this depends on the economic utility of the patent. For this reason, the inventor must ensure the commercial viability of the patent before investing in the patent.

4. Opportunity to License or Sell the Invention
Sometimes, the inventor might not want to exploit the invention himself. In such cases, the investor can sell or license the rights to commercialize it to another enterprise. This would result to bring royalty and revenue to the inventor.

5. Positive Image for the Enterprise
Business partners, investors, and shareholders may perceive the patent portfolios as a demonstration. Particularly, the high level of expertise that is provided by the subject matter experts. This acts as a spectacle of the organization’s capability. Further, this may prove useful for raising funds, finding business partners and also increase the company’s market value.

What are the criteria for filing a Patent Registration Application?

STEP1: Patent Searches
Step by Step Procedure For Patent registration in India Procedure Patent Registration in India searches are conducted and worldwide to know the novelty of an invention. Generally, it is considered safe to do patent searches before patent application filing. If an invention is found in prior arts or closes to prior arts then the novelty of that invention can be challenged by the Indian Patent Office. Therefore, it is important to perform prior art searches in order to save the money and time of an applicant.

STEP2: Patent Drafting
Step by Step Procedure For Patent registration in India After conducting thorough searches worldwide, the invention is written in a techno-legal language known as the specification which can be with or without claims. Without claims is the provisional specification and with claims is the complete specification. The specification specifies the field of invention, detailed description of the invention with working examples and the best method to perform an invention so that a person skilled in the art can perform the invention. The legal part comes with the claims of the invention which define the legal protection sought by an investor.

STEP3: Patent Application Filing
Step by Step Procedure For Patent registration in India A patent application filing is the first step towards obtaining a patent. Procedure Patent Registration in India application filed as a provisional application is generally filed to claim priority date over other applications. A patent application consists of a series of forms prepared according to the Indian Patent Act, 1970. The drafted provisional or complete specification is filed in Form-2 of the Indian Patent Act,1970. If a provisional patent application is filed then within 12 months of its filing complete specification has to be filed. There are 6 different kinds of filing filed in the Indian Patent Office. These are:

Ordinary application PCT National phase application PCT International application convention application Divisional application patent of addition application

STEP4: Publication of Patent Application
Once the Procedure Patent Registration in India has been filed, then after the expiry of 18 months from the date of filing or date of priority whichever is earlier, the application is published in an official journal and is open to the public. This is a chance given to the public to raise an objection if any.

STEP5: Examination of Patent Application/Patent Prosecution
The patent application is examined only when a request for examination has been filed. The request for examination has to be filed within 48 months of the application filing date or date of the priority. The patent examiner examines a patent application and issues an examination report. The examination report contains a series of objections raised by an examiner. The response to an examination report has to be filed within 12 months of the issuance of the examination report. If needed examiner calls the applicant or his agent for hearing. This phase is called patent prosecution.

STEP6: Grant of a Patent
After all objections to the examination report have been compiled and the examiner is satisfied with the reply of an applicant, the application is put in order for a grant. On the other hand, if the examiner is not satisfied with the reply and arguments of an applicant, then he/she can reject the application.

Trademark Registration Online in India - File TM Application Online | Enterslice

What is a Trademark Registration in India?

Trademark Registration Online

A Trademark generally refers to a “brand” or “logo”.

Trademark registration can also be obtained for a business name, distinctive catchphrases, taglines or captions.

Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an indication of origin of the goods as well as an indication of quality.

It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.

Use of TM, SM and ® symbols

'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application.

The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered.

Advantages of Trademark Registration in India

Advantages of Trademark Registration:

1. Exclusive Rights:

The owner of Registered Trademark enjoys exclusive rights over the trademark. The owner can use the same for all the products falling under the class(es) applied. Further, the owner can enjoy the sole ownership of the Trademark and can stop others from the unauthorized use of the Trademark under the same class where it is registered. It gives the right to sue the unauthorized use of the Trademark Registered.

2. Builds trust and Goodwill: 

The established quality of your product and services are known by everyone through the trademark and which establishes trust and goodwill among the customers in the market. It helps in creating permanent customers who are loyal and always opt for the same brand.

Differentiates Product:
It makes easy for customers to find your products. It makes your product and identity of products different from that of the existing and foreseen competitors and acts as an efficient commercial tool. The logo can communicate your vision, quality or unique characteristic of your company and any organization.

3. Recognition to product’s Quality: 

It gives recognition to the quality of the product. Customers attach the product’s quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo/brand name.

4. Creation of Asset:

Registration of Trademark creates an intangible asset i.e. Intellectual Property for an organization. A registered trademark is a right created which can be sold, assigned, franchised or commercially contracted. Also, the Trademark is an intangible asset that gives the advantage to the organization.

5. Use of ® symbol: 

Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark. It is exclusive of all types of usages as well as rights. If someone else uses the trademark then you can also sue the party if the trademark is registered.

6. Protection against infringement: 

No competitor or another person can use the wordmark or logo registered by you under trademark. However, if in any case one uses it without the approval of the owner of the trademark or makes any deceptive use of the same, the owner can get the legal protection under the Act and stop the person doing so.

7. Protection for 10 Years at low cost: 

Online Trademark registration is done on a very low maintainability cost. Once you register the trademark you have to just pay the maintenance cost and renewal cost which is after 10 years of registering the trademark. It is cost-efficient and helps your company create a unique image.

8. Global Trademark Registration: 

If one wants to register the trademark in countries other than India, the trademark registered in India can be used as the basis of registration there. For any person willing to expand outside India, the trademark registered in India can provide a good base along with the Established Goodwill in the Country.

9. Attract Human Resources: 

Young minds aspire to join big Brands as it acts as a magnet. It inspires the positive image of the organization and thus candidates are attracted towards them easily. This reduces the cost of hiring and related activities.

What is the Trademark Registration Process in India?

Trademark Registration in India

1. Trademark Search

Time to Complete: 1 day

Step 1: The first step is the selection of a trademark.

Step 2: It is advisable for the applicant to search the trademark records registry and ensures that the intended trademark does not resemble or identical the registered mark.

Step 3: The search can be done online or through the trademark office.

Step 4: It is advisable to consult an experienced lawyer as they are well-versed in their profession and are be able to conduct an exhaustive search. Hire a lawyer if you think you have right on a particular trademark but if it is already registered.

After thorough research, the application for registration in the trademark can be made in the prescribed form.

2. Filling of Form TM-1

Time to Complete: 2 days

Cost: Rs. 4,000 (per application per class) + lawyer’s fees

Step 1: The application for the registration of the trademark should contain the following particulars:

• “Mark” chosen to be registered,
• Trademark owner’s information,
• List of goods or services for which the trademark will be used.

Step 2: The application for a trademark can be made both online and offline.

• Trademark Registration Online application: A Class III Digital Signature Certificate is required.
• Trademark Registration Offline application: An application to the Offices of the Trademark Registry is required.

Step 3: Once the application for the trademark registration is made, the Registrar will search for the uniqueness of name and will check the registered marks and pending applications to ascertain whether any such marks exist and to know the register-ability of the proposed mark as per the law.

Step 4: In case, of objection by the registrar for acceptance of the application or propose to accept the application with certain term and conditions, amendments, limitations, etc., the same is communicated in writing to the applicant and the applicant has to communicate back regarding their rectification within a period of three months.

3. Cost

Step 1: So now, that you have your name, on to filing of Form TM-1. Each such form would contain only one application. So if you are registering the trademark in two classes (i.e. sectors): let’s say Relentless Garments and Relentless Computer, as well as having a separate logo for each, you would be making four applications.

Step 2: With government fees Rs. 4,000 /-per application, the total would amount to Rs. 16,000.

Step 3: Lawyer’s fee starts at Rs. 200/- per application will amount to at least Rs. 8,000/-for 4 applications.

Step 4: In the case of the logos, a jpeg image needs to be provided.

Step 5: The acknowledgment, which mentions the filing date and application number, is received immediately, but it will take two more days to obtain the Original Representation Sheet.

4. Use your Trademark

Now you can use the Mark, But the use of symbols would take up to 2 years if everything goes smoothly.

Documents Required for Trademark Registration Online in India

Individuals & Sole Proprietorship

Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark. Further, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under:

• Copy of the logo, preferably in black & white (Optional). In case the logo is not provided, the trademark application can be filed for the word.
• Signed Form-48. Form-48 is an authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
• Identity Proof of the individual or Proprietor.
• Address Proof of the individual or Proprietor.

Partnership / LLP / Company – Small Enterprise or Startup

The trademark registration fee varies from Rs.4500 to Rs.9500. For small enterprises, startups, proprietorships, and individuals, the lower trademark fee of Rs.4500 is applicable. For all other entities, the trademark government fee applicable is Rs.9500. To be classified as a small enterprise, the applicant would have to provide the Udyog Aadhar registration certificate. Further, in addition to the Udyog Aadhar registration, the following details would be required.

Partnership / LLP / Company

In the case of a partnership firm or LLP, the entrepreneur would have to submit the following:

• Copy of Logo (Optional)
• Signed Form-48.
• Udyog Aadhar Registration Certificate.
• Incorporation Certificate or Partnership Deed.
• Identity Proof of Signatory.
• Address Proof of Signatory.

Other Applicants

All other applicants, including companies that do not have Udyog Aadhar registration, will have to submit the following documents to obtain trademark registration in India.

• Copy of Logo (Optional)
• Signed Form-48.
• Incorporation Certificate or Partnership Deed.
• Identity Proof of Signatory.
• Address Proof of Signatory.