The validity of the reserved Company names
The Central Registration Centre (CRC) may on the basis of information and documents provided, reserve the name for a period of:
20 days from the date of approval if in case the name is being reserved for a new company.
60 days from the date of approval if in case of it includes a change in the name of an existing company.
Important rules regarding the Proposed names
According to the laws governing the RUN form, there are certain regulations pertaining to the reservation of the names. Some of these rules are as follows:
The name stated should not be identical to the name of any existing company registered under the Companies Act
The name chosen should not constitute an offence under any law and should not be undesirable in the opinion of the Central Government.
The company name should not have any word or expression which is likely to give the impression that the company is in any way connected to the Government central or state or any any other local authority when it is actually not unless the approval from the respective government authority has been attained.
If you’d like to know more about the rule pertaining to the proposed names.
Requirements to reserve a unique name via RUN:
Here is a complete list of things required for RUN:
An MCA account.
Corporate Identification Number (CIN)
The proposed name
Relevant document required with the proposed name
Process for using RUN
It is necessary to have an MCA account before you access this service. Once you’re logged into the MCA account, you can enter the name you wish to use and check against the MCA database of company and LLP names for its availability.
If an existing company wishes to change its name a Corporate Identification Number (CIN) will be required for the RUN e-form.
The applicant must enter the name in the form, he wants to reserve for the incorporation of a new company or change the name of the existing company.
The user is then supposed to enter the objects of the proposed company and any other relevant comments or documents supporting the proposed name.
Process Post Submission:
SRN Generation:
Upon successful submission of the proposed name in the RUN form, an SRN will be generated. Make sure that you save the SRN details as it will be required for future correspondence with the MCA.
Challan Generation:
A Challan will be generated upon successful submission of the proposed name and payment of the prescribed fees. This document will serve as a proof of payment by the user to the MCA.
Email:
Whether a proposed name is approved or rejected an email conveying the same will be generated. This serves as an acknowledgement of the approval or rejection of the name by the MCA to the applicant.
Approval / Rejection Letter:
In addition to the email, when a proposed name is approved or rejected by the concerned authority an acknowledgement of the approval or rejection along with the related documents, if any, is sent to the email id of the applicant.
Resubmission of the e-form:
It is important to note that the name applied for will either be approved or rejected. No resubmissions are allowed, the applicant cannot edit the forms once submitted. For any change pertaining to the company name or reservation of a new name, a new fresh application will have to be accompanied made with the payment of Rs.1000 as fees.
Fee rules:
A nominal fee of Rs. 1000 is to be paid while applying for the company title. Please note that the fee payable is subject to changes with regard to the Act or any regulation. If in case such a change occurs a notification informing the same will be issued by the MCA.
4. After received Certificate of Incorporation then which form apply for Compliance to MCA.
A company which has been incorporated in India must ensure compliance with the Companies Act,2013.
The Companies Act, 2013 regulates appointment, qualification, remuneration, and retirement of directors of the Company.
Aspects such as how to conduct Board Meetings and Shareholders Meetings.
The preparation and presentation of annual accounts and the regular maintenance of books of accounts.
Here are some important compliance’s post incorporation:
1. Once the incorporation certificate is obtained, a separate legal entity for the company is established.
2. As soon as the company gets its incorporation certificate, within 30 (THIRTY DAYS) days one of the directors must issue the notice for the first board meeting of the company, at least seven days prior to the latter being scheduled for.
3. In the first board meeting, the Company is required to appoint its first auditor within 30 days of incorporation by its board of directors and every Director of the company shall disclose his or her concern or interest of the other Companies in the Form MBP-1. Further, in case of any change in the interest of Director he should disclose the change in the next forthcoming Board meeting also he shall disclose in the annual disclosure to be made in the first board meeting of the financial year.
4. The Company shall, on and from the 15 (fifteenth) day of its incorporation and at all times thereafter, have a Registered office which is capable of receiving and acknowledging all official communications and notices as may be addressed to it. Verification of the registered office is to be filed in Form INC-22 within 30 days of incorporation.
5. It is necessary for the company to have its name board outside its registered office, along with its name, Company’s Identification Number, registered office address, phone number and e-mail id, fax number and website address, if any, stated in it. All the above-mentioned details in point 3 are also required to be printed on the company’s billheads, business letters and on all documents (official) and publications going through the company.
6. It is very important for the company to have a PAN (Permanent Account Number) and TAN (Tax Deduction and Collection Account Number) right after its incorporation. Even to open a Bank Account in India these are the basic credentials are required.
7. Issuance of share certificates to the shareholders is also an important requirement, and all details of such issuance of share certificate are required to be maintained and mentioned in the register of allotment.
8. Maintaining and filing of profit and loss account, balance sheet, and annual return every financial year together with an auditor’s report before the due date with the Registrar of Companies is a very vital requirement of the company act which a company has to endeavor.
9. Every company is required to maintain certain Statutory Registers under Section 85, Section 88 etc of the Companies Act, 2013 and required to keep and maintain at its registered office in the prescribed form. In case of any failure in maintaining the statutory register, the company, as well as directors, may be fined and prosecuted.
10. The company is also required to conduct minimum 4 board meetings during the calendar year at stipulated intervals and also ensure that all the minutes of the board meeting are safely retained until the company exists. The minutes of the meeting required to be prepared within fifteen days of the meeting and can be finalized within thirty days of the meeting.
11. Other than the above-mentioned non-negotiable conditions, there are few more instances where a company is required to intimate the registrar of companies. It includes appointments of directors, removal of Director and certain other changes in the prescribed manner.
12. The Companies Act has also inserted the CSR (Corporate Social Responsibility) provisions in the Companies Act, 2013. Now, under provisions contained under the Corporate Social Responsibility, companies are obligated to make the contribution in certain philanthropic activities. Companies must adhere to the CSR criteria and undertake CSR activities in the financial year.
13. The aforesaid compliance requirements only apply to the Companies Act, 2013. In addition to this, further registration is required, depending on business type and turnover, such as Professional Tax, GSTN etc. It is important to note that the responsibility of a company to comply with all rules and regulations provided in the Companies Act is not a one-time thing, but is a continuous affair.
What is trademark in simple words?
The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand.
India Code: Trade Marks Act, 1999. Long Title: An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.
Short Title: The Trade Marks Act, 1999
Act Year: 1999
Act ID: 199947
Documents required to be submitted by Individual Startups for trademark registration:
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:
Form TM-A or any other applicable form. You can find all the amounts payable for the corresponding forms here.
DSC if you are e-filing Trademark
Soft Copy of the logo, preferably in black & white (Optional). In case you wish to trademark a word, a logo is not necessary.
A list of goods and/or services for which registration will be required.
If the mark contains or consists of non-English words, a translation of those words into English will also be required.
Date of first use of the trademark in India, if at all used
Signed Form-48. Form-48 is an authorisation from the applicant to a Trademark for filing the trademark application on his/her behalf.
Identity Proof of the individual or Proprietor- The name, address, and nationality of the applicant
Address Proof of the individual or Proprietor- Copy of Aadhaar or PAN or Passport
Documents required to be submitted by Partnership Firms/ LLP / Companies – Small Enterprises or Startups for trademark registration:
If the applicant is a partnership firm the names of all the partners is required, but if it is a Limited Liability Partnership (LLP) the application for registration of a trademark must be made in the name of the LLP. If the applicant is a company, then they require the state or country of incorporation of the company. They also require the complete registered address. In the case of Society or Trust, they should make the application in the name of the Managing Trustee or Chairman or Secretary. This should represent the Trust or Society.
The following documents need to be submitted:
Form TM-A or any other applicable form. You can find all the amounts payable for the corresponding forms here.
DSC in case you are e-filing Trademark
Soft Copy of the logo, preferably in black & white (Optional). In case you wish to trademark a word, a logo is not necessary.
A list of goods and/or services for which registration will be required.
If the mark contains or consists of non-English words, a translation of those words into English will also be required.
Date of first use of the trademark in India, if at all used
Signed Form-48. Form-48 is an authorisation from the applicant to a Trademark for filing the trademark application on his/her behalf.
Udyog Aadhar Registration Certificate.
Incorporation Certificate or Partnership Deed.
Identity Proof of Signatory.
Address Proof of Signatory- Copy of Aadhaar or PAN or Passport
What are the documents required for trademark registration in India?
The minimum documents and information which are required for filing a filing trademark application in India is as follows:
The name, address and nationality of the Applicant. If the Applicant is a company, the country or state of incorporation with the complete address. If a partnership concern, then the name of all the partners;
A list of goods and/or services for which registration is required;
Trade Mark Entity: Whether the Applicant is an Individual, Start-up or a small enterprise;
Soft copy of the trademark to be registered;
If the application is filed claiming priority from an earlier filed application in another country, details of that application is also required at the time of filing of the application in India (application number, filing date, country and goods/services).
A certified priority document or its duly notarized copy is to be submitted with the Trade Marks Office in original within two months of the filing of the application. If the certificate is not in English, a certified/notarized English translation is required.
USE : Date of first use of the trademark in India, if at all used or else the application can be filed on a proposed to be used In case the use of the trademark is claimed prior to the date of the application, an affidavit testifying to such use along with supporting documents required for trademark registration, shall have be filed along with the application. [The term ‘use’ in India has an extensive meaning and does not necessarily mean physical presence of the goods or services in India. Advertisement of the mark in foreign journals having circulation in India or the use of the mark in sales invoices, letterheads etc. bearing the trademark shall constitute ‘use’ of the mark in India.].
Power of Attorney : A prescribed document simply signed by the authorized signatory of the Applicant with the name and designation clearly mentioned (no legalization/ notarization is required).
Is it mandatory to file Power of Attorney while filing a Trademark application?
It is mandatory to submit a Power of Attorney at the time of filing the application on behalf of an Applicant. The Power of Attorney needs to be simply signed by the Applicant (no legalization or notarization is required).
Is it mandatory to submit “Statement of Use” at the time of filing of application?
The trademark application can be filed either claiming usage from a date prior to the date of filing of application or on Proposed to be Used basis.
In case the Applicant wants to file an application claiming usage of the mark in India prior to the date of filing of application, then an affidavit, along with supporting documents testifying such use will also have to be filed. The affidavit needs to be signed by the authorized signatory and notarized by a Notary Public.
In case the Applicant wants to file an application on a Proposed to be Used basis, then an affidavit substantiating use, is not required.
Steps for trademark registration in India:
The steps for registering a trademark in India is the same as in any other country in the world and implies the following:
the trademark search procedure in order to ensure the uniqueness of the mark to register;
the preparation of the documents to be filed with the Trade Marks Registry;
the submission of the documents with the Indian Trade Marks Registrar;
the examination of the trademark followed by its publication in the Official Gazette;
the issuance of the Certificate of Registration if the application was correctly filed.
If you want to file for trademark registration in India, our agents are at your service for guidance. You can also rely on our India company formation advisors if you want to set up a business here.
Trademark verification before registration in India
As seen above, the first step to complete before trademark registration in India is the verification of the mark to register. This step is mandatory in order to make sure that the trademark one wants to register is not taken by a third-party. This procedure will also ensure no opposition will be filed during the examination stage of the registration process. Trademark registration in India is not a complicated procedure, however, it must be handled with care in order to ensure it is completed correctly, especially because it is quite lengthy. Our company registration consultants in India can assist with the registration of any type of trademark here.
What are the documents to be filed for trademark registration in India?
The list of documents to be filed with applying for the registration of an Indian trademark is not extensive, however, the applicant must make sure the requirements of the Registrar are respected. The following documents must be prepared when filing for trademark registration in India:
the application form which must contain the details of the applicant;
graphic representation in original and copy of the trademark to be registered;
a list of the goods and/or services to be represented by the trademark;
a power of attorney if the application is filed by a proxy;
the date of the first use of the trademark, if the applicant has used it before applying for registration.
Other aspects to consider when filing for trademark registration in India is that depending on whether the applicant is a natural person, Indian citizen or resident or not, or a company, the application form must contain different information. In the case of natural persons, the applicant must provide the full name, address, and nationality. In the case of companies, the registration status of the business must be provided. It is possible for foreign citizens and companies to register trademarks in India without meeting specific requirements. Moreover, it is quite common for Indian companies to register their trading names as trademarks in order to ensure the protection of their brand. Persons interested in more details on intellectual property rights can contact our team of agents in company formation in India for advice and legal assistance.
