March 14

COMPANY INCORPORATION IN INDIA

The article below deals with the step by step procedure for company incorporation in India.

Minimum requirements for the formation of a Private Limited Company

A minimum of two directors
A minimum of two shareholders
The directors and shareholders above mentioned can be same individual
A minimum share capital of Rupees 1 Lakh
DIN (Director’s Identification Number for the Directors)
DSC (Digital Signature Certificate) for one of the directors. This digital signature is required for filing of various forms with the Roc
Six proposed names of the new company

Step 1 : Obtain the DIN for all the directors and DSC for one of the Directors .
What is a DIN?
DIN is the director’s identification number which is a unique code or number that is issued by the ministry of corporate affairs through the MCA21 portal.
What are the requirements for obtaining a DIN ?
The following are the requirements for DIN Application:
For an Indian Individual:
a) Address proof: Passport, election card, ration card, driving licence, electricity bill, telephone bill or bank account can be attached but they should be in the name of the applicant only. In case the applicant is Indian the documents should not be older than 2 months from the date of filing of the form.

b) Identity Proof: Income-tax PAN is a mandatory requirement for proof of identity.
Note: In case of proofs which are in languages other than Hindi / English, the proofs should be translated in Hindi / English from professional translator carrying his details (name, signature, address) and seal. In the case the applicant is a foreign national the translation of documents done by foreign notary are also acceptable.
c) Email of the applicant
d) A passport size photograph of the applicant
e) Mobile Number of the applicant
f) Current occupation of the applicant
g) Highest Qualification of the applicant
h) Affidavit in the form available at

Note :

a) All the above issued documents should be self attested
b) In case the applicant is a foreigner a copy of passport is mandatory and the other documents should be attested by be apostilled and notorized in the country to which the applicant belongs.

Step 2: Obtain a DSC

DSC simply means digital signature certificate. The DSC is required for filing of incorporation forms as well as filing of other forms which form a part of compliance.

Documents required for obtaining DSC

a) The same set of self attested documents are required which are required for DIN

Step 3: checking for name availability and filing a form for name availability with the mca21:
The next step after obtaining the DSC and DIN is checking for name availability. The availability of the proposed name can be checked at http://www.mca.gov.in/DCAPortalWeb/dca/MyMCALogin.do?method=setDefaultProperty&mode=16 . After the company names are available a form 1A has to be filed with MCA21. The form discloses six proposed names of the company in the order of their preference and also discloses the significance of each of such names. While selecting such names it is always advisable to refer to the name availability guidelines, 2011 available at

Step 4: Drafting of Moa and AOA
The next step is drafting of Moa and Aoa. Moa is the fundamental constitution of the company and it covers all the aims and objects of the company and the ways and areas in which the company would operate. AOA on the other hand is the document which deals with the internal matters of the company. The drafting of Moa and Aoa is quite a technical matter and therefore it is advisable that legal consultancy should be taken in this regard.

Step 5: Filing of forms with the ROC (Form 1 , Form 18 and Form 32)
After the company name has been approved next comes the step of filing various forms with the Roc (Registrar of companies)
The attachments to various forms are listed as under:
Form 1 : MOA and Aoa , Declaration from first promoters in pursuance of Circular No 11/2013 . Format for the declaration is available at
Form 18: Proof of registered address, if the address is owned by a director and not taken on lease by the company a Noc from such director, if the premises has been taken on lease an noc from the owner of the premises
Form 32: No attachments

Step 6 : Payment of Roc fees and Stamp Duty

The ROC fees and the Stamp Duty fees can be calculated by using this link http://www.mca.gov.in/DCAPortalWeb/dca/MyMCALogin.do?method=setDefaultProperty&mode=15 . Once the form is filed through the MCA portal the requisite fees is supposed to be paid .

Step 7: Scrutiny of documents by Roc and clearing objections

After the forms and the various attachments have been filed the ROC will go through the documents and will clear the forms if they have no objections. If the documents are not proper the Roc can raise certain objections which can be later cleared by providing the relevant information. Once the scrutiny of documents is over and the documents are found to be adequate by the Roc , the certificate of incorporation can be downloaded from the transaction status page of MCA21.

Step 8: issuance of certificate of incorporation

After the scrutiny of documents the Roc will issue the certificate of incorporation .Then the company can commence its business and operations .

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March 11

Preparing a trademark application and format for trademark application

The following are the requirements for filing a trademark application:

Name, address and nationality of the applicant. If the applicant is a partnership firm the name and address of the partners.
If the applicant is a company state of incorporation of the company
The logo or trademark to be registered in jpeg format
A list of the goods and services for which the trademark has to be registered.
Duly filed application form
Date of use of trademark if the trademark has been used
Power of attorney

Format for Trademark Application: Form TM-1

Format for power of attorney: Power of Attorney

For more information regrading preparing a trademark application , please get in touch with us at info@ssglawfirm.in

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March 11

FAO’s regarding Trade Mark Search

What is a trademark search?

Trademark search is searching the database of trademark registry to find out whether a proposed trademark exists for not. Though it is not compulsory to conduct a trademark search before filing a trademark application but it is always advisable to conduct a trademark search.

Trademark search in India can be made on the basis of word, letter, and mark whereas device searches are conducted in India according to the Vienna convention. The word search is conducted according to the letter that forms a part of the mark or word which requires trademark and by putting the appropriate class to which the trademark belongs.

What are the benefits of conducting a trademark search?

Conducting a trademark search is not necessary but it is always advisable to conduct a trademark search before filing an application for registration of trademark. Firstly, conducting a trademark search helps an individual to understand whether his proposed trademark has already been registered or not. Filing an application in respect of a trademark already registered is an invitation to infringement suit and defending such a suit which would involve large amount of money or discontinuation of the proposed trademark.

Secondly the trademark search will helps you analyse the strength and weakness of your trademark and you always have the option of changing the words, symbol or design of the trademark before registering it.

Is conducting a trademark search an online procedure and free of cost?

Yes, trademark search is an online procedure and can be done online but simply typing the words and chosing the category from the website given below http://164.100.176.38/tmrpublicsearch/frmmain.aspx

How can a trademark search be conducted?

A trademark search is conducted on basis of three parameters word mark, device mark and phonetic. The following are the steps of conducting a trademark search
Step 1: go to http://164.100.176.38/tmrpublicsearch/frmmain.aspx
Step 2: Select word mark, Vienna code and phonetic from the search type
Step 3: Type the word mark starting letters, phonetic letters or Vienna code
Step 4: Select the type of class of trademark . The list of class is available at http://164.100.176.38/tmrpublicsearch/classfication_goods_service.htm
Step 5 : After selecting the class of goods click on search

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March 8

What is a Trademark – Some Basic Concepts

What is a trademark?

A Trademark is a sign, symbol or design of one person which distinguishes his product from the product of his competitor. A trademark can be a word, logo, pictures, color or combination of any of these. In a layman language a trademark is a sign or symbol which will differentiate his product from his rivals. a Trademark provides an identity to the business or services offered by an individual.

What are the essential features that a trademark should have?

There are two essential features of a trademark. The first essential feature is that it should be distinctive and second essential feature is that it should not be deceptive. Distinctive would mean that the trademark should be different from the product sold or services offered. The example of a distinctive trademark is apple for computer. Besides being distinctive a trademark should not be deceptive. Deceptive here means that the trademark should not be such that it misleads the consumer. An example of deceptive trademark would be having an iso registration mark for a product which does not have the certification.

What marks can be adopted as trademark?

The following are the marks which can be adopted as trademark:
Any name for invented name
Letters or numerals or combination of letters and numerals
Monograms
Combination of colours
Shapes of goods or their packaging
Three dimensional marks
Sounds when they are said in a particular fashion

What marks can be registered as Trademark?

According to the Trade Mark Act, 1999 the following types of trademarks can be registered in India:
1) Product trademarks which are associated with particular goods
2) Service trademarks which are associated with particular kind of service

What do the symbols TM, SM AND R signify?

The symbol ™ stands for an unregistered trademark once the application for registration has been filed.

The symbol ℠ signifies an unregistered service mark once the application for registration has been filed.

The symbol ® signifies a registered trademark. A remedy exists in law if a registered trademark is used by any other person except the owner of the trademark.

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