Combined Registration Application Change Form: Fill & Download for Free

Registering a Company:There are some official procedures a startup or a company has to follow in order to register them in Indian official records.Types of Company:First of all let us defined a company. A company is a legal entity; According to Section 3 of companies act company means a legal entity formed and registered under Companies Act 1956. Under the ministry of corporate affairs, every company is to be registered by the registrar of companies.Now, to register a company you have two options.Private company:Public company:The main differences between Private and Public companies are:Minimum number of Board members required for a private company is two and for a public company is seven.Private company can have maximum of only 50 members, but a public company can have any number of members.A private company can start its business as soon as it is incorporated but the public company should not start its business until it receives business commencement certificate.Private company should not sell it’s shares to anyone or should not make any invitation to people regarding a company shares, but a public company can invite people to buy it’s shares by issuing a prospectus.Private company may have two directors, but a public company must have at least three directors.These are five major steps:Acquiring Digital Signature Certificate(DSC)Acquiring Director Identification Number(DIN)Filing an eForm or New user registrationIncorporate the companyApply for a PAN & TANNow, you have decided to register the type of company, the first step is to acquire Director Identification Number(DIN):1: Director Identification Number(DIN)This is the first process in registration that each director of the company should obtain their identification number. As per the amendment act 2006, acquiring a DIN is compulsory for every director i.e. as such every existing and intending directors have to obtain their DIN. To get DIN one need to file a eForm DIN-1. The DIN-1 form is available on Official site of the ministry of corporate affairs the link is DIN-1 Form.Register yourself on MCA Website first and have a login id. After filling DIN-1 Form, you should upload the filled form by clicking to eForm upload button on MCA website and should pay applicable fees.After getting generated DIN you should intimate their company about DIN. The director can intimate their company about DIN by using DIN-2 Form.Then company should intimate the Registrar of Corporates(ROC) about all director’s DIN through DIN-3 Form.If there is any change in DIN or need for any updation like change of address, personal details etc, then director should intimate this change by submitting the eForm DIN-4 Form.Step 2: Digital Signature Certificate(DSC):In order to ensure the security or authenticity of documents filed electronically the information act 200o demands a valid digital signature on the documents submitted electronically. This is the only and safest way that one can submit their documents electronically. The digital signature certificate should be acquired by only those agencies which are appointed by the controller of certification agencies (CCA). One should not use DSC given by any other agency which is not approved and it’s illegal to use others DSC as yours or the false one.If you already have a digital signature then you can use the same, no need to apply for another. But do check for your digital signature validity, agencies issue DSC’s with one or two year validity after expiry you have to renew it.One can acquire his/her Digital Signature certificates from these government listed agencies like TCS, IDBRT, MTNL, SAFESCRYPT, NIC, nCODE Solutions etc. to check out their price details of these Govt approved agencies, Go to this link.Step 3: Create a account on MCA Portal – New user registrationThis is about having a registered user account on MCA Portal for filing a eForm, for online fee payment, for different transactions as registered and business user. Creating an account is totally free of cost. To register yourself on the MCA portal, click on the register link.Step 4: Apply for the company to be registered.This is the final major step in a registration of your company which includes incorporating company name, Registering the office address or notice of situation of office and notice for appointment of company directors, manager and secretary.Form-1:Form-1A: Application form for availability or change of a company name. Your company name shall not resemble the name of any other company already registered or violate the provisions according to Act, 1950.In this form you have to fill name and addresses of directors (minimum 2 for a private company and 7 for a public company). You have to mention main objects of the company and authorized capital.In about 10 days, the ROC will inform you about approval or objections. If there are any objections then ROC will suggest you with some available names and let you choose among them. If your company name is approved then you will receive a formal letter regarding the confirmation of the same. Keep the letter safe which will be required during registration process of the proposed company.Form-1: This is for application or declaration for incorporation of a company, in this form you have to fill the same name which you have chosen during application of form-1A.Form-18:This form is for notice of the situation of a new company office or change of situation of previously registered office.For a new company you have to fill the form with genuine office address and submit.Form-32:For a new company, this form is for notice for appointment of new Directors, Managers and Secretary.For an existing company, this form is for a change of directors, Manger, Secretary or company head.Form No. 29-Consent to act as a director etc. Dates on the consent Form and the undertaking letters should be the same as is mentioned in the Memorandum of Association signed by the director himself. A private company and a wholly-owned Government company are not required to file Form No. 29.No objection letter from the persons whose name has been given in application for availability of name in Form No. 1-A as promoters / directors but are not interested at a later stage should be obtained filed with the Registrar at the time of submitting documents, for registrationThe agreements, if any, which the company proposes to enter with any individual for, appointment as managing or whole-time director or manager are also to be filed.Check these documents before submission of a company:DIN of all those directors of a proposed company.DSC – Digital Signature CertificateOriginal copy the of formal letter issued by ROC regarding availability of Company name.Form-1 for incorporation of a company.Form-18 for situation or address of the proposed company.Form-32 for particulars of proposed directors, managers and secretary.After submitting these forms, once the application has been approved by MCA, you will receive a confirmation email regarding the application for incorporation of a new company, and the status of the form will get changed to Approved.Step 5: Apply for a Permanent Account Number (PAN) and Tax Account Number (TAN):Once your company has been incorporated you can open a Current account in any of the leading banks for carrying out your operations.Then you need to apply for TAN and PAN for the Company. http://www.incometaxindiapr.gov.in/incometaxindiacr/ppt_html20081017/TDSTutorial/TDStrial12.htmlIf your services are in Software related area you can apply for STPI license which will give you certain benefits like Company need not pay tax for 5 years, there will be no import or expurty duty levied on software/hardware etc.All this you can do on your own or you can outsource these to professional auditor. The whole procedure generally takes around 3-4 weeks.Trademark or Logo Registration:Trademark registration of a brand name means nothing but brand name registration. It basically means, “this brand name is ours! And if you dare to use it to sell your products, we can sue you!”In India, you can trademark any of the following or even a combination of these things:Letter, Number, Word, Phrase, Logo, Graphic, Smell, Sound Mark or a Combination of Colors.Step 1: Search for a “quirky” brand nameYou get the point, don’t you? Come up with a whacky and quirky brand name, because all the generic ones are generally taken. Before zeroing in on one name, you might want to do a quick search to make sure that no one else is already using the name.Step 2: Making the trademark applicationNow that your name is finalized upon, fill in the trademark application i.e. Form- TM 1. The application costs INR 3500 (varies) and is a one time fee.Along with the application, you will need to submit a couple of supporting documents:A Business registration concern: Depending on what type of a registered business you have, say sole proprietorship, etc. you will need to submit an identity proof of the directors of the company and an address proof.An image of your brand logo in a standard size of 9 x 5 cmsIf applicable, proof of claim of the proposed mark being used before in another country.Step 3: Filling the brand name registration applicationThere are 2 ways to file the registration – manual filing or e-filling.In case of manual filing, you will need to personally walk down and submit the application for registration to any one of the offices of the Registrar of Trade Marks located in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. After which you receive the acknowledgement of the application and the receipt, usually within 15-20 days of the filing.But in e-filing system, the acknowledgement of the application is issued immediately.And after you receive the acknowledgement, you can start using the (TM) symbol next to the brand name!Step 4: Examining the brand name registration applicationAfter receiving the application, the Registrar checks whether the brand name complies with the law and does not conflict or dispute with other existing registered or pending brands. That’s why we said, quirky brand name, people!Step 5: Publication in the Indian Trade Mark JournalsAfter examination, the logo or brand name is published in the Indian Trade Mark Journal.Step 6: Issuance of the trademark registration certificateIf no one raises any opposition, within the stipulated 90 days period, the Registrar accepts the trademark application! Woohoo! And issues a Certificate of Registration under the seal of Trademark Registry.You may now be allowed to use the registered trademark symbol (®) next to your brand name, once the certificate has been issued.The whole process of registration of a brand name usually takes anything between 15-18 months. The trademark once accepted, is valid for a period of 10 years from the date of issuance of the Certificate of Registration. After the end of 10 years, the trademark will need to be renewed.Although the process of registering a trademark is lengthy and a little heavy on the pocket, it is definitely worth the investment of legally protecting your brand. However, if you are just starting out, investing in a trademark may not be absolutely essential.References:http://www.legalserviceindia.com/company%20law/company_formation_procedure.htmhttp://www.incometaxindiapr.gov.in/incometaxindiacr/ppt_html20081017/TDSTutorial/TDStrial12.html4 Steps to Register your Startup in Indiahttp://blog.abhyankarcs.com/company-formation-in-india/questions-procedure-company-registration-in-india-faqs/http://www.mca.gov.in/MCA21/certifying-new.htmlLogo RegistrationHow to register a trademark? - The Times of IndiaGuide: How to Register Trademark For Your Brand in India

We often get this question asked by newly formed startups over at LawTrades.Assuming your idea is patentable, there are are critical things to ponder when deciding if you should invest the tremendous sums of money patent registration - and enforcement - requires. An established company has the resources to evaluate its markets and customers. Moreover,they have existing distribution channels that startups lack. Although many claim it is wise to register for a patent to deter imitators, the truth is that large companies regularly prevail when challenged in court. Therefore, a patent’s value as a sword or shield is debatable.For bootstrapping tech startups, there are alternative, cost-effective routes that can provide relatively robust intellectual property (IP) protection. Confidentiality agreements and trade secret protection can work just as well as costly patent registration, especially when combined with exceptional innovation design and speed. All employees, board members and advisors should be required to sign agreements obligating them to assign all business-related IP to the startup. You will also want to extend IP protection through agreements with non-employees, including vendors. outsourced designers, consultants, engineers, and even customers.With all of that said, patents can offer a tech startup many benefits. It can attract investors and deter some competitors. After all, investors like to know that your business idea has something to hang its hat on. A startup with patent protection becomes more valuable to companies interested in forming a joint venture or making an acquisition as well. A startup has the ability to license its patent and, which gives the company another option to generate funding while expanding its market simultaneously.In order to address the high costs, mounting litigation and general burdens associated with patent registration, the America Invents Act (AIA) was signed into law in September 2012. The AIA is the most noteworthy change to U.S. Patent law in close to 60 years. Significantly, the law changed U.S. patent rights from first-to-invent to first-to-file for applications filed on or after March 16, 2013. The new law also expanded the definition of “prior art,” which really helps first-to-file patent applicants. This law can be a game-changer for tech startups. Whether your IP assets are assets that should be protected with patent registration or with other strategies can best be determined with the assistance of an experienced IP attorney.We at LawTrades help clients navigate the maze of requirements, as well as select the route that makes the most sense - whether it’s a regular utility or provisional patent, or trade secret protection. It can be daunting, no doubt, but an experienced attorney can save you lots of money and time, while helping you to add value to your company. Innovation in the legal marketplace is no doubt occurring, but not fast enough to help the person or business that needs immediate legal assistance at a price they can afford. Again, LawTrades was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

This is one of the many questions I am often asked while discussing Intellectual Property with a group of entrepreneurs or start-ups. There are several articles and blogs that answer this question in one way or the other but I hope that this post will be comprehensive enough to answer most of them.What is a trademark?A trademark is anyword (FLINTO, ZEOCODE, Internship, Online Courses,College Events In India|Twenty19 | Twenty19),name (RAYMOND VEIL, CHRISTIAN LOUBOUTIN),surname (TATA, BATA, BAJAJ),signature (LOUIS PHILIPPE),letters (BMW, IBM, HDFC),numeral (555, 501),symbol (MERCEDES BENZ THREE POINTED STAR, ADDIDAS PYRAMID),device (AMUL GIRL, PILLSBURY BOY),color scheme (PIZZA HUT, DOMINOS),packaging (CADBURY’S),shape of goods (COCO COLA BOTTLE)or any combination thereof that identifies and distinguishes the source of the goods of one party from those of others.When the mark is used in respect of services then the mark is also commonly referred to as Service Mark. Ex: DHL, HILTON, INFOSYS are service marks. However, since the distinction between goods and services are not always clear, the term trademark is often used to include service marks as well.What is classification of goods and services or classes?When you file an application for registration of a trademark you need to mention the list of goods/services for which you intend to use your trademark. India follows an international system of classification called the “Nice Classification” according to which the goods and services are categorized into 45 classes, with goods covered in classes 1 to 35 and services covered under classes 36 to 45.If the trademark is AMUL the goods for which it is used are “cheeses” and the class will be “29″. Likewise if the trademark is EXPEDIA the services for which it is used are “Online reservations and information regarding travel etc” and the class will be 39.If you do not know which class or classes your goods or services fall in, please use the Classification search tool euroclass or the list of goods/services as published by the Indian trademark office.Search the records of the Indian Trademark Office – Online!Prevention is better than cure. Before you file an application for or consider using your trademark, search the records of the Indian trademark office at Trade Marks : Public Search to check if someone has already chosen the same or a similar trademark. You will have to search the exact class of goods and services for which you will be using your trademark. If you see any similar trademarks already on the records of the trademark office, it should raise a red flag! You will now have to carefully analyse each and every trademark and take a call on going forward with the same mark or possibly changing your trademark so that you don’t infringe another’s trademark rights.Search using Google.One of the best things that happened in this century– Punch in your trademark at Google and viola! Magic! Merely because a trademark is not filed for registration with the trademark office, does not mean it is available for you to take. In a common law country like India, usage of a trademark gets more importance than filing an application/obtaining registration for a trademark. You may know if the mark has already been used anywhere in the world. If you see a similar mark do a bit of research to see how much they have used their mark, period of usage, goods or services for which is it used, has the mark gained any reputation etc. More importantly, compare the marks yourself and decide whether your trademark will infringe the rights of the other person. Your few minutes of research will save you from the risk of choosing similar marks, resulting in lengthy oppositions and infringement action costing time and money.File an application with the trademark office.Congratulations! You have cleared the first two hurdles. Give yourself a pat on the back for discovering that you are going to have exclusive rights on your trademark, and proceed with filing a trademark application. You can either file a paper application with the Indian Trademark Office (TMO) or file an application online at Controller General of Patents Designs and Trademarks (CGPDTM). You will require a digital signature and a debit/credit card/ Online Banking account for filing the application online. The official fee is INR.4000 per mark/class.Required information:a. Name of the person/organization that will own the rights to the trademark (applicant);b. Address of the applicant;c. Nature of business of the applicant; (Ex: Manufacturers, Merchants, Traders, Service Providers)d. Trademark;e. Class;f. Specification of goods or services;g. Date of first use of your mark in India;Required documents when filed in paper:a. Application form in duplicate;b. Representation sheet in duplicate;c. When priority is claimed:d. Official fee by way of cheque/demand draft or cash.Trademark Offices and their Jurisdiction:There are five trademark offices in India and in which office your application is to be filed depends on your registered office address. If you do not have an address in India then the trademark office is decided on the basis of the address of your legal counsel.The jurisdiction of each trademark office is as follows:Mumbai – State of Maharashtra, Madhya Pradesh and GoaNew Delhi – State of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Union Territory of Delhi and ChandigarhKolkatta – State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim , Tripura and Union Territory of Nagaland, Andamar & Nicobar Island.Ahmedabad – State of Gujarat and Rajasthan and Union Territory of Damman, Diu, Dadra and Nagar HaveliChennai – State of Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and Union Territory of Pondicherry and Lakshadweep Island.Once the application is filed the trademark office issues a filing receipt and one copy of the representation sheet stamped with the application number and the filing date as proof of filing the application. You can thereafter see the status of your trademark application online at Page on ipindiaservices.gov.in using the application number.Examination of your trademark application.In approximately seven to nine months the trademark office will send you the examination report either citing the objections consisting of absolute or relative grounds or both, or, in the absence of any objections allowing the application to be published in the upcoming trademarks journal for a third party to raise objections to the registration. The time to respond to the examination report is 30 days from the receipt of the same and this deadline cannot be extended. So it is important that you file a response with the trademark office within the deadline of 30 days.The objections under absolute grounds are that– your trademark is not distinctive; i.e.: your trademark is not capable of distinguishing the goods and or services of one person from those of others.– your trademark is descriptive or devoid of any distinctive character; i.e.: your trademark directly refers to the goods or services for which the protection is sought. Ex: Trademark FAIRBEAUTY filed for cosmetics under class 03 cannot be registered.– your trademark is a generic term or is customary to trade; Ex: APPLE for fruits, SOFTWARE for software services cannot be registered.The objections under absolute grounds can be overcome by stating that your trademark has acquired distinctiveness by extensive usage over a period of time and that the public in general, identifies your product or service by your trademark and that the public identifies only you in relation to your trademark and no one else. Documentary evidence is required to be filed in support of your claim along with your response.The objections under relative grounds are: the existence of similar trademarks on the records of the trademark office.The objections under relative grounds can be overcome by stating that your trademark is different from the other cited marks in the examination report.In what ways your trademark is different from the others needs to be explained in detail. Submission of documentary evidence of extensive usage of your trademark will also help you to strengthen your case.Hearing before the examiner.In about six months from filing your response to the examination report, the trademark office will either allow the application to be published in the upcoming trademarks journal for a third party to raise objections to the registration or fix a hearing by sending you a hearing notice with a date and time to meet the examiner and explain why your trademark should be allowed to proceed towards registration. This opportunity should be utilized to explain to the examiner, the evidences filed at the time of responding to the examination report in detail and to submit additional evidence. Subsequently the examiner will pass an order either allowing or refusing your application. If it is a refusal, you can appeal against the order of the examiner before the Intellectual Property Appellate Board (IPAB) with 15 days of such refusal.Publication of the application in the trademarks journal.Within two to three weeks from the date of the examiner’s order to publish the trademark, the trademark application is published in the trademarks journal. You can download the trademark journal at Trade Marks Journal and check if your mark has been advertised. After the expiry of four months from the date of publication of the trademarks journal in which your mark was published, check the status of your trademark application online at Page on ipindiaservices.gov.in and if there are no objections to your trademark by way of oppositions filed by any other person, write a follow up letter to the trademark office requesting registration of your trademark and issuance of your trademark registration certificate.In the event of any person raising an objection to your trademark application by way of an opposition, the trademark office will notify you of the objection along with the copy of the notice of opposition as filed by the other party. Opposition proceedings are complicated and we suggest that you consult your lawyer.Registration of your trademark and issuance of the registration certificate.If no objections are received by way of oppositions to your trademark application within this four month period, the trademark office will grant registration to your trademark and issue the registration certificate. Once you receive the registration certificate peruse the contents of the certificate to ensure that there is no discrepancy in the data and in case of any, bring it to the attention of the trademark office and have it rectified.Renewal of your trademark registration.Every trademark registration is valid for a period of ten years from the date of filing the application. An application for renewal of a trademark registration can be made online, six months prior to the expiry of the registration. The renewal fee is INR 5000 per mark/class. A trademark can be renewed every ten years and thereby protected indefinitely.With an economy of a billion people, you should consider applying for a trademark registration at the nascent stage of your business to avoid time consuming and expensive litigation to protect your rights.