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All trademarks face objection. If not all, then it’s the story of at least 60 % of trademark application. Despite how correctly you’ve filed your application, something is always is missing. The reasons for trademark objections can go from simple to complex. So how to remove a trademark objection.

You have three choices:

1. You can file a fresh new application in hopes that this one would get accepted.
2. You can know the reasons behind the objection.
3. Upon knowing the reasons behind the objections, you can file a trademark objection reply to rectify them.

All three methods have their merits. Let’s discuss each of them.

Filing a Fresh Application for Trademark Rgistration

It’s an approach that not many take. To file a trademark application again would mean:

1. To once again do a trademark search.
2. To once again verify the uniqueness of your trademark.
3. To once again wait for the registrar to pick up your application.

As far as approaches go, it’s a slow process to apply for a trademark again. If you have time, you can go for it. But I am guessing that most who face trademark objections don’t have much time. It makes it necessary to know the trademark objection reasons.

Reasons behind Trademark Objection

Knowing why trademark objection happens will help you prevent facing it in the future. Following are some of the most common trademark objection reasons that make it easy for the registrar to object to your application:

1. The application contains incorrect details: When filing any government form, you must put special care when entering the details. Even small mistakes are enough for the registrar to object to your application.
2. Wrong specification of goods and services: Trademark registration happens for a particular class of trademark. Every trademark class represents specific goods and services. When filing the application, the trademark class and the goods and services should match. If they don’t, the trademark registrar objects to your application.
3. Existence of a similar trademark: The Registrar only rewards trademark registration to unique trademarks. If your trademark is a copy of an already registered trademark, you should expect to face trademark objection.
4. No distinctive character in the trademark: If your trademark is absent of any distinct character, it misses to fulfil the unique criteria of trademark registration.
5. Deceptive trademark: If the Registrar feels that your trademark is deceptive and trying to create confusion among the consumers, it will object to your application.

There are other reasons why the trademark faces objections. But to deal with any of them, filing a trademark reply is necessary.

Filing a trademark reply

In most cases, you’ll be able to foresee whether you’ll face trademark objection or not. The trademark agents that guide you through the application process tend to monitor the application’s progress. Thus, expecting trademark objection, they start drafting a befitting trademark reply.

Different objections require different types of trademark replies. To respond to a trademark objection, you thus have to file a befitting reply.

1. In case you’re facing trademark objection due to missing documents, submit the missing documents.
2. In case you’re facing trademark objection due to incorrect classification, submit a trademark reply stating the correct trademark class.
3. In case you’re facing trademark objection due to incorrect mention of goods and services, submit a trademark reply stating the correct ones.
4. In case you’re facing trademark objection because your trademark is indistinct, submit a trademark reply supporting your belief that it’s distinct.

If you’re worried about trademark reply fees, don’t be. At Regalguru, we keep our services affordable for everyone. So, if you require assistance with trademark objection reply, contact us via +91 9716936280 and info@regalguru.in.

DPCC or Delhi Pollution Control Committee Consent gives a No Objection Certificate to business entities who promise that their existence won’t cause any harm to the environment or society. Not just for setting up new businesses, the DPCC license is also mandatory for existing businesses who want to:

1. Modernize their workspace
2. Enhance the production process, and
3. Improve their production capacity.

In this article, we will cover everything about the DPCC License including:

1. The Types of DPCC License,
2. The permissions that Industries require,
3. The categorization of industries based on their effect of the environment,
4. The process of acquiring the DPCC license.
5. The Documents required for DPCC License, and
6. A little about DPCCconsultant.

The Different Types of DPCC License

There are two types of consent the DPCC provides businesses to conduct business. For the sake of keeping things simple, you can refer to them as two types of DPCC License:

1. Consent to Establish: Often shortened to CTE, the consent to establish is the first level of permission that entrepreneurs are required to obtain from the pollution department to establish a business unit. This consent is only granted if the entrepreneur keeps in mind all the aspects of water, air and noise as per the Anti-pollution act.
2. Consent to operate: Once the business is established, the entrepreneur is required to take this second level of permission from the DPCC Delhi, the CTE, to ensure that his business unit avoids any form of pollution while running operations.

The Permissions That Industries Require As Per the DPCC License

DPCC License is not a unified license. It means that acquiring onlya single type of license won’t grant you permission to run your business. There are different permissions you require depending on the nature of your business operations:

1. If the business unit conducts a business activity that’s known to generate large amounts of pollution, then it to get the NOC from the DPCC after going through the Environment Impact Assessment.
2. If the business unit requires a system for Water and Affecting Effluent disposal, then it has to acquire a No Objection Certificate of the same from DPCC Delhi.
3. If the business unit functions outside of the nominated industrial area, the business owner has to obtain prior permission from the panchayat, Municipal Corporation or municipality.
4. If the business unit uses boiler, then it has to get the approval in the form of a license from the Chief Inspector of Boiler.
5. If the business unit exclusively does expert business, then it has to get the approval from Development Commissioner of Export Processing zone.

DPCC’s Categorization of Industries Based on the Effect on the Environment

As per the DPCC, and the Ministry of Environment, Forest and Climate Change, the industries have been classified in four categories:

1. PCB: White Category.
2. PCB: Green Category.
3. PCB: Orange Category.
4. PCB: Red Category.

Note: PCB is short for Pollution Control Board.

The Process of Acquiring the DPCC License

The process of DPCC License can be condensed into four steps:

1. DPCC License apply online via the official site of the concerned state authorities concerned with matters of pollution.
2. Upload the documents required by the DPCC along with the DPCC License fees.
3. DPCC Delhi then appoints an authorized officer to your case, who then pays a physical visit, assesses your application, and creates a thorough examination report.
4. Based on the analysis of that examination report, the departmentcan set the DPCC License status as accepted or rejected.

Documents Required For DPCC License

Following are that you need to upload to get the DPCC License:

1. The CA certificate of the professional handling your application
2. Site plan or location plan of your business entity
3. Land documents
4. Resolution of board of directors/ Partnership deed/MOA and AOA
5. Water connection certificate from your local authority.

A Little about DPCC Consultant

As you can realize, it’s not easy to get the DPCC License. Thankfully, you have our DPCC License consultants to aid you. We provide you end to end services from filing the application to getting you the DPCC License, and that too at a nominal fee.

Businesses are an enigma. At times, they can take you to the greatest heights. But sometimes, their performance becomes less than lacklustre. So much in fact that letting go and closing your business is the only option you have left. An LLP, which combines the personal touch of a partnership firm with the limited liability of a company, should always give you a win. However, certain circumstances make it necessary to shut the LLP down. While you can take measures to protect it, a bad business is like a festering wound. If you don’t cut it off, it can infect your entire financial credit.

Thus, we are here to tell you not about how to lift your LLP up from the financial hell, but to surgically remove it. Here, we tell you about LLP closure procedure.

Close your LLP in India

It’s a common knowledge and more startup LLPs are growing in India like weed. While a few of them become useful grass, some of them need to be weeded out. It sounds harsh, but if your LLP is one of them, you should close your LLP in India, so that you later focus on creating a green grass. The process is as follows:

1. Pass the resolution to close the LLP: 75% percent of the partners at your LLP must agree to close the LLP. Once you get them to agree, pass the resolution.
2. File form 1: File the resolution in Form 1 within 30 days of passing the resolution.
3. Declare that your LLP doesn’t owe any debt: Closing an LLP is not possible if you have some debts accrued. Thus, you must first clear your debts in any way possible. It has to be done within a year of filing the resolution. Once that’s finished, declare that you don’t owe debts.
4.  File the value of your assets and Form 4: Declare the value of your assets to the registrar to close the LLP. Along with the declaration, file and submit Form 4 to declare that you aren’t closing your LLP for fraudulent purposes.
5. Get the consent of the creditors: You can’t close your LLP without getting a nod from your unpaid creditors. If you get 66% of these creditors to give you the consent, you are once stop closure to closing your LLP.
6. Appoint a Liquidator: Within 14 days of receiving the creditor’s consent, advertise that you are closing your company. Then, appoint a liquidator and get his/her statement on Form 6.
7.  Finalize your account details: It’s the last step to close your LLP. File Form 9 detailing your account details. Once filed, it will complete the formality (the LLP Closure documents submission) part of the process. The rest is up to the government agencies that aren’t going to take more than 1 week to shut down your LLP.

As you can observe, most steps above involve documentation and interacting with the government agencies. Only the experts can do that. To completely leave your business partnership behind, contact our business specialists. Charging a low LLP closure fees, they initiate and end the process in record time.

If you want to learn about trademark, you can consult with an IP attorney or an Intellectual Property Attorney. They can provide you information about the nature of trademarks, how then can benefit your business and how you can use it to generate passive income. Additionally, consulting with an attorney can give you an insight into the trademark registration process.

However, if you don’t have to get on call with an IP attorney, don’t worry. We have collected the most frequently asked questions about trademarks in this article.

Question 1: What is a trademark and why need to register it?

A trademark is a mark of your trade. When a customer is buying any product or service, they use the mark to determine the identity of the one providing them that product or service. In simple terms, it’s an identifier for your business. It can be a name, a logo or a tagline. As it’s an identifier, it has to be unique. A trademark attorney can help you obtain a trademark via trademark search.

Question 2: How much time to take trademark registration?

The process of trademark registration is a long one. The time taken during various steps of this process is divided into following:

1. Trademark search: First, you have to know whether or not your selected trademark is unique. In that regard, an IP attorney provides trademark search service. It takes one day to conduct a trademark search.
2. Trademark application filing: Once the trademark is decided, the application is filed along with the submission of supporting documents. This task can take about a day.
3. Application analysis: Once the trademark application is filed, the registrar of trademark analysis it. It can take about a week.
4. Trademark journal: If the trademark application is accepted, your trademark is published in the journal. It remains published for 4 months or 120 days.
5. Trademark registration: If your trademark application faces no opposition during the time it was published in the journal, you receive trademark certificate.

When you combine all of the above, you get: 1+1+7+120 = 129 days.

Note: We can use our expertise to expedite or speed up the process of trademark application analysis.

Question 3: What is Trademark Class and how many/which ones should I file/register for?

A trademark is registered under a specific trademark class. There are 45 trademark classes. Each class specified a particular type of product or service. The first 30 trademark classes specify the product, and the rest of 15 trademark classes specify the services. When you file the application, you file it under one particular trademark class.

As for how many classes you should file your application under, it depends upon the nature of your product and services. However, our recommendation is often is that you file your application in multiple trademark classes. It would help make your trademark (your brand) more powerful.

Question 4: What to do if someone using my trademark?

If you have registered your trademark and find someone else using it, you can do the following:

1. You can contact them to stop their operations and pay for the damages. To make your request heard, you can use an attorney for this purpose. In most cases, trademark infringement cases are resolved using this.
2. If there is no response from other’s end, you can file an injunction and send them the same. It will force your trademark infringer (that someone who is using your trademark without your permission) to stop his or her operations.
3. And in case the person has just filed the application for trademark registration, you can file the notice of opposition.

Question 5: How much cost for trademark registration?

Trademark registration cost is as follows:

• For individuals and sole proprietorship, the government fee for trademark registration is INR 4500/-
• For companies and other business entities, the government fee for trademark registration is INR 9,000/-

Note: You can reduce the trademark registration cost for business entities if you have startup registration certificate.

Question 6: How to maintain trademark after registration?

After you obtain trademark registration, you retain it for a period of 10 years. However, to maintain the good standing of trademark, you need to file maintenance documents to the Registrar of trademark by the end of 5^th year of trademark registration. It’s to assure the registrar that you’re still using the trademark.

Secondly, you have to keep an eye on trademark journal. In case someone filed an application using your trademark, you can file a trademark opposition notice right away.

There are other small details that you have to take care of to maintain your trademarks. You can know about them by talking to our IP experts.

Fees for trademark registration in India. You pay them so that you can become the legal owner of the mark of your trade. In this article, we are going to dive into the fee you’re required to submit in order to register trademark in India.

Trademark registration has gained a lot of attention in the past few years. Ever since people found out that that their business name holds as much value as the business itself, they are rushing towards getting their trademark registered. However, most of them are unaware for the fees for trademark registration that they are required to pay. As a result, they often reach out to a “consultant” who deceives them instead of helping them – asking them to pay a lot of price while providing not any service.

So, what’s the solution to this problem? How to know where you should get the right assistance from? It’s simple. In this article, we are going to dive deep into the fee structure for trademark registration fees in India. Once you’re done reading it, you can make up your mind about who to trust with trademark registration services.

The process of trademark registration in India

The fees for trademark registration in India are divided as per the process. Following is the process of trademark registration:

1. Choosing a trademark: The first task of every trademark registration aspirant is to decide a trademark that is unique, non-offensive and truly distinctive. While you can manage a trademark that is non-offensive and distinctive, you have to conduct a trademark search to find out about the uniqueness of your chosen trademark. Trademark search is the first requirement for which you pay trademark registration fees in India.
2. Filing the trademark application: Trademark registration application is filed on the basis of class. Thus, you need to know the trademark registration cost per class in order to file the application. Right now, the trademark registration Govt fees for the filing the trademark application per class is as follows:
   1. If the applicant is an organization like a business entity, the government fee is INR 9000/- per trademark class
   2. In case the trademark applicant is an individual, the fees is INR 4500/-
3. Monitoring the trademark application: Once your application reaches the registrar of trademark, he scrutinizes it thoroughly. If there are any discrepancies or violations in your application, you’re going to face trademark objection. In that case, you’ll have to make sure that you have professional assistance to file a trademark reply. Filing the trademark reply is an important factor if you want your trademark to be published.
4. Publishing of trademark: After the Registrar accepts your trademark, it goes into trademark journal for publishing. In there, it remains for 4 months. During this period, it’s visible to third parties who can post opposition against it if they feel like your trademark is violating their rights. In the event of trademark opposition, you’d need the required legal assistance to fight it. And that means getting the help of trademark experts. These experts will represent your trademark application and you in the trademark tribunal and attempt to get your trademark accepted.
5. Trademark registration: Once the trademark is accepted by even the third parties, it’s entered into the trademark registry along with your name. It makes you the legal owner of that trademark.

Conclusion

Trademark registration fees for trademark registration are justified when you understand the steps. Now that you know, you’re ready to find out about the experts who can help you. And if you feel lost, you can ask Regalguru for assistance.

Imagine yourself creating the best product in the market. It’s valuable, it’s affordable and it can attract a lot of people. You conduct research on that product. You create a business plan so that you can launch it properly. And finally, you put it in the market. That’s when you realize – “There is another product of the same name”. And all your confidence in your product just goes away; just because you forget to conduct the most important research of all: The trademark search.

Without a unique trademark to stamp on your product or service, you won’t have any identity. It doesn’t matter how well your product; it doesn’t even matter of affordable it is. All of it is useless if people don’t even know what to call it. But you can avoid all of it. And the best part is: it won’t cost you anything.

It’s because the price of trademark search online, India has made it free. Yes, you read it right. Without even paying one penny, you can know everything about your brand.

1. You can know whether it’s a copy of something or not.
2. You can know whether it can be implemented on product or service you’re providing.
3. And, you can now whether or not it’s even somewhat similar to existing trademark.

The above three things are important. For you to establish your trademark, you need to register it. And to register, it should be unique.

And thus, this article is dedicated to you. If you’ve ever thought about wondering the trademark search India, we are going to reveal you to how to do it on your own.

Trademark search India: The basic premise

Let’s cover some of the basics of trademark India. Free, online, and ready to be used at any time. That’s how easy it is to conduct a thorough brand name search, but only if you know about the elements of your trademark search:

1. Trademark name: It’s the name you’ve given your brand. It’s this entity that you have to make sure isn’t a copy of anyone.
2. Trademark class: It’s the second and most important element of trademark search. There are 45 trademark classes in total. The first 35 represent products and the rest of 10 represent services.

So, why knowing both of these elements are important? Simple. While we specifically said that your trademark has to be “absolutely” unique, the word absolute is quite relative.

If there is a specific brand name in mind, and you want to use it for your product like a computer chip, then you can get it if there is a brand of the same name but is registered in another class of products, like some food article.

To be even more clear. Suppose you want to start a computer chip business with the name “aloha”, you can. But only if there is no one else with a computer chip business with the same name. However, if there is someone using the same name, but for a different product, you can use it.

How to search trademark names in India?

Conducting a trademark search in India is a process that only requires two things: time and access to internet.

1. Go online and type in the words “public search” in your web browser.
2. Click on the first result; it’s generally the official website of trademark search.
3. In the window you see before you, enter your brand name that you want to search.
4. And then, enter the trademark class – the product or service you want your trademark registered for.
5. Click on submit.
6. If you don’t’ see any result, your brand is unique. And, that means, you can move forward with the trademark registration process without any worry.

Advanced trademark search techniques

When talking about trademark search India, MCA or Ministry of Corporate Affairs play a huge role. Why? It’s because many trademarks names are company names. That’s why, you need to be extra careful about how you take the above six steps. One of the most advanced ways to search for trademark is:

1. Trademark search by application number: If you know someone who has just applied for trademark registration, you can check their progress. Trademark search India by application number is not something a lay person can do, you’re gonna have to reach out to the experts for that.
2. Trademark search by registration number: Interested in looking at registered trademark belonging to a specific individual? Get it through trademark search by registration number.

Conclusion

Trademark search is important, easy and free. If you don’t feel confident enough to do it on your own, or you want professional assistance for conducting advanced trademark search, reach out to Regalguru.

A One Person Company (OPC) and a Private Limited are different business entities that are governed under the Companies Act 2013. A One Person Company is to cater to excited entrepreneurs who want to make a name for yourself on their own in the business world. On the other hand, if you want to establish yourself along side a partner, you can choose a private limited company.

So, what’s your preference? Do you want to start your business as a One Person Company or a Private Limited Company more your cup of tea? This article is going to help you make a choice be revealing to you the difference between one person company and a private limited company.

Let’s discuss the definition of each of them

To make a choice between OPC vs Pvt ltd Company, it’s always better to start by knowing their definition.

Let’s talk OPC or One Person Company

In a one-person company, there is only one person as the member. And, there is only one shareholder and one director. Simply put, only a single individual can play all those roles.

Thus, if you’re someone who is enthusiastic enough to take all the tasks on your shoulders, no one is going to stop you from choosing one person company.

Let’s talk Private Limited company

A private limited company can only be started or incorporated if there are at least 2 directors, 2 members and 2 shareholders of the company. Remember, two individuals can play all these roles. Thus, a private limited company needs two heads. Additionally, the liability of these members is limited to the amount of money they have invested in their shares.

How is an OPC similar to a one-person company?

Let’s now talk about the similarities between an OPC and a Pvt Ltd Company

1. They both are separate legal entities. Their identities are different from their directors
2. They both can earn tax benefits
3. They both have the perk of limited liability.
4. The registration process to incorporate an OPC and a Private Limited Company is practically the same.

So, if everything is the same, can a private limited company be owned by one person? Absolutely not; as we have said, you need at least two people to direct a Private limited company. However, if you want to convert your one-person company into a private limited company, you can do so. But the condition is you’d have to add another member.

Also read about: Procedure for close LLP

Differences between private limited company and a one-person company

Let’s now talk about the differences between the two in a clear manner:

1. Members required:
   • OPC: One individual can run the whole show
   • Private limited company: At least two people are required
2. Directors required:
   • OPC: Minimum 1 and maximum 15 directors can be involved
   • Private limited company: Minimum 2 and maximum 15 directors can be involved
3. Board meeting
   • OPC: A One-person company has to conduct one meeting after every six months.
   • Private limited company: A private limited company is required to hold one meeting after every four months
4. Foreign Direct Investment:
   • OPC: A One Person Company is not eligible for foreign direct investment
   • Private limited company: This business entity is eligible for FDI
5. Which one is suited to whom?
   • One Person company: Choose if your capital requirement is less than 50 lakh and annual turnover is less than INR 2 Crore
   • Private limited company: Anyone can choose a private limited company

Now that you know the difference between the two, which one would you choose?

Also read about annual compliance for private limited company

So, you’re finally ready to take a plunge into the business waters and start a company in Delhi. Good for you! Are you aware of why you’re looking for company registration in Delhi? Of how it can benefit your business and turn you from a dreamer to an entrepreneur? Or you are just here to take a look at the steps involved with the process of company incorporation? Whatever your reasons are, this article is going to provide you with answers for all.

What is the Company?

A Company, or in your case, a Private Limited Company is the most popular business entity in India. It has the following features:

1. A company is registered under Companies Act 1956.
2. A company has its own independent identity.
3. The director(s) and shareholders are separate from the company.
4. A company’s complete loss doesn’t mean a complete loss for its director(s) and shareholders.
5. You can start a private limited company with ZERO capital.

Due to the above four, you can move beyond dreaming about doing business and you can become a true entrepreneur. So, if your question is why you’re looking for online company registration in Delhi, those five are the answers.

For a starting entrepreneur, they provide a safe way to start a real business. For a veteran businessman, they provide a good infrastructure to organize the business.

Benefits of Starting a Company

As an entrepreneur, you shouldn’t leave things to chance. You should hit the ground running and organize your business in a way that can last forever; a company can last forever. It’s among the many benefits of private limited company registration. Others are as follows:

1. Ownership of property: Being an independent legal entity, a company can own property in its name.
2. Separate entity: When you register a company, you give birth to a new entity. The certificate of incorporation becomes its birth certificate, and the directors and shareholders become its parents (a controlling one). Being a separate entity gives it several powers that range from applying for loans to applying for business licenses.
3. Limited Liability: The directors and shareholders are only liable to the losses of their company to the extent of their share subscriptions. It means that if a company goes under, you and your shareholders won’t have any impact on your personal assets.
4. Perpetual succession: As I’ve already told you, a company can last forever. Perpetual succession is how it achieves that feat. It means that once a director dies or isn’t able to act as a director anymore, shares can be transferred to someone else to act as a director.
5. Easy to get funds: Once you register a company, banks and venture capitalists starts gravitating towards your business. As a legal entity, you establish yourself as a force to be reckoned with; a force that venture capitalists are always excited to get behind and banks can easily lend loans to.

How to Register a Company Delhi?

As per the company registration services in Delhi, you don’t have to do much to start a company in the national capital. There are just 7 steps involved and the following are them:

1. Choose a good company Name: A good company name is important. It should inoffensive, and most importantly, unique.
2. Gather the required documents: The following are the required documents to register a company in Delhi:
   1. Aadhar card copy of directors and shareholders
   2. ID proof of shareholders and directors
   3. Resident proof of the shareholders and directors
   4. PAN card of the shareholders and directors.
   5. Address proof of the company office
3. Get DSC and DIN: Get the Digital Signature Certificate to authenticate the above documents online and also get Director Identification Number.
4. File the RUN application: A RUN application will reserve the unique name of your company. While it’s an optional step, you should take it nonetheless (leave nothing to chance)
5. Draft MOA and AOA: Memorandum of Association is a document that details the information about the directors, the company and its objectives. An article of Association is a policy documents highlighting the rules and regulations to be followed.
6. File the “SPICe” application: SPICe is an electronic application for company registration that’s filed via the MCA portal. Consult with business experts to file that application online.
7. Get the certificate of incorporation: If you’ve taken the previous steps correctly, you’d receive certificate of incorporation.

Now, it might be that the above steps feel a bit difficult for a person to follow, and they are. That’s why; we have business experts who can help you. They charge a minimal company registration fees in Delhi and will establish your company in no time.

Other Options that You Have

Starting your entrepreneurial journey with the right foot it all it takes to succeed in the business world. And by registering a company, you can take this step. That said, if you’re looking for more nuanced business entity, like LLP registration in India, you can opt for it as well.

Also read about

private limited company registration in Delhi