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How can i get my Company Registered?


01-Jan-2023 (In Trademark & Copyright Law)

Have a business plan & want to register a company name without a physical office before actually venturing into it. Pls let me know: 1. Under which category should TM be registered for diversified business. 2) Necessary to have physical address? 3) Can I start current bank a/c with the TM name as a/c holder 4) Is TM cost one time or recurrent 5) Where to search if TM is available online 6) How to register the company online 7) Documents required for (a) company registration (b) trademark registration.

Answers (1)

Answer #1
263 votes

1) You will need to register your trademark under a few different classes depending on the scope of your business. There is no 'blanket' class for trademarks. The government fee for one class at the moment is Rs. 4,000/- and will soon be revised to Rs. 8,000/- so it would be wise to apply immediately.

2) Yes you need a physical address. You could use a rented accommodation where you reside after taking a NOC from the landlord. The address is only used by the MCA for communication through post.

3) No you will need to open the bank account in the name of the company. Only a TM will not suffice for this purpose.

4) The initial cost of Rs. 4,000/- will only be to process your application and you may then begin to use the trademark with a (TM) sign. There are a few minor costs which you will need to incur in the future. If there are oppositions filed then there will be further costs however getting a TM is quite reasonable. There is no renewal fee for a TM as yet.

5) You can do an online search here: http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

6) You will first need to apply for a digital signature. Then you may file a INC-29 Form which is a composite form for registration of a company. This information may be accessed at: http://www.mca.gov.in/MinistryV2/Download_eForm_choose.htmlhttp://www.mca.gov.in/MinistryV2/Download_eForm_choose.html

7) Documentation

(a) Documents require for a TradeMark are:
(i) Form TM 48
(ii) Trade Mark Application
(iii) Representations to accompany the application.

(b) Documents required for Incorporation if you are using the INC 29 Form:
(i) Digital signature documents such as ID and residence proof
(ii) NOC from landlord for registered office
(iii) Form INC 9
(iv) Form INC 10
(v) subscriber sheet indicating share holding
(vi) Constitutional documents such as Articles of Association and Memorandum of Association
(vii) Additional contracts such as shareholders agreements and NDAs

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