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09
Mar
17
What is Sole Proprietorship?

Sole Proprietorship is the unincorporated business with a single owner who pays income tax on the profit earned on Business. It is the simplest form of business to set up or take apart, among individual self-contractors, consultants or small business owners. Sole Proprietorship is a type of business that legally has no separate existence from its owner. It is not a legal entity. It can be involved in commingle personal and business property and funds, something that partnerships, LLCs and corporations cannot do.

Sole Proprietorship simply refers to a person who owns the business and is personally responsible for its debts. This is a popular business form due to its simplicity, ease of setup, and nominal cost. It has no separate identity under the law. Owner will typically have customers write checks in the owner's name, even if the business uses a fictitious name. The taxation system in Sole Proprietorship is quite simple.

Benefits of Sole Proprietorship

  • Easier to start with minimal formalities but it is relatively harder to open a bank account or obtain a payment gateway in the name of the business
  • Sole Proprietorship is cheaper than other types of Business firm.
  • Any name can be chosen in proprietorship as far as it does not infringe on a registered trademark. The name can be used unless the trademark regi stration has been obtained.
  • Sole Proprietorship is the only business type that can be owned, registered and operated by one person.
  • No tax on income less than Rs. 2.5 lakh per annum.
  • No formalities in winding or closing a proprietorship. Tax registrations obtained in the name of the proprietor must be cancelled.

Norms for opening bank account in Sole Proprietorship

  • Certificate or License issued by the Municipal authorities under Establishment act.
  • Sales returns and Income tax returns
  • Certificate of CST/VAT
  • Registration document or Certificate issued by Sales Tax, Service Tax or Professional Tax Authority.
  • License issued by Registration authority like Certificate of practice issued by Institute of Chartered Accountant of India, Institute of Cost Accountant of India, Institute of Company Secretary of India.
  • In some cases, banks accept Import Export Code in the name of the concerned proprietor by the Central government or the State Government Authority.
  • The Complete Income tax return in the name of the Sole proprietor.
  • Utility Bills such as telephone bill, electricity bills in the name of the proprietor.

Proprietor PAN Card-Proprietorship business is considered similar to the Proprietor.PAN Card is used for Opening Bank Account, Obtaining License, Registrations, Certificate involved in Sole proprietorship and filing of Income Tax Return.

For more information about Sole Proprietorship Registration visit Registrationwala

09
Mar
17
Statutory auditor in Private Limited Company

Private limited company is the one of the most popular forms to start a company. Private limited companies are the companies with limited liability. There are compliances which must be followed after the company has been incorporated. The private limited company has greater flexibility.

The audit is a detailed examination of accounting records undertaken with a view to establishing the correctness. An auditor shall not be appointed as auditor unless the person is practicing Chartered Accountancy. Auditor’s work involves an intelligent scrutiny of the books of account of a Company with reference to documents, vouchers and other relevant records to ensure that the entries made therein give a true picture of business, Therefore, there is need of the Statutory Auditor

Appointment of Auditor – Companies need to maintain books for which companies appoint an auditor. These are mainly with the companies which follow norms of Companies Act, 2013. The auditor is appointed for 5 years and form ADT-1 is filed for 5 years. Companies registered under Companies Act 1956 also require appointment of auditor of the company.

 Statutory Audit- The purpose of this type of audit is same as any other type of audit. The auditor is a need for determining whether a company is providing fair dealing of its financial condition by providing bank balance, financial transactions, etc. Therefore appointment of an auditor in every private company is mandatory. In the case of a new business, the auditor has to be appointed within one month of the inauguration of the enterprise.

People disqualified for appointment of auditor

  • Officer or employee of the company
  • People who relatives or partner, holding any security of the company.
  • Person as an employee of the company.
  • Person or firm having directly or indirectly had any Business relation.
  • Person involved in an offense or any fraud.
  • Person whose subsidiary, associated company or entity engaged in date of appointment in consulting and services.

Limitation on Services of Statutory Auditor

There are certain limitations on the services that can be provided by the auditor. These are services are appointed by the Board of director or the Audit Committee. Following are the services that can be provided by the Statutory Auditor. 

  • Internal Audit
  • Accounting and
  • Actuarial Services
  • Investment Advisory Services
  • Investment Banking Services
  • Management and Outsource services
  • Services under rule

 

08
Mar
17
Authorized Share Capital for Company Registration

People are not sure about the authorized capital in starting of a new company. Normally Registrar of the company requires declaring their capital structure. ROC must be informed of each change takes place in the company.

Capital structure is mainly defined by the authorized and paid-up capital. Authorized capital is the maximum amount of capital the shareholders are authorized to invest in the company and the paid-up capital is the amount actually invested.

Points on Authorised Capital

  • Capital is first decided at the beginning of the Company incorporation.
  • The increase in the amount of authorized capital increases ROC fee.
  • After the incorporation of the company, the authorized capital can be changed at any point of time. Capital is not liable for use to calculate the net worth of the company.
  • There is a limit on the company to issue shares. Shares can be issued less than authorized capital.

What is Paid-up Capital?

  • Paid up capital cannot be more than authorized capital. It can be equal or less than to authorized capital.
  • Shares must be issued by the company. These are a number of shares that has been decided as paid up capital during the time of incorporation. This should be done within 60 days of incorporation of the company.
  • Amount of paid up capital can be used for business expenses of the company.

Other Concepts on Capital                             

  • There are other concepts as well though they are less important, you may want to understand, issued capital and called-up capital.
  • Issued capital is issued to shareholders by the company.
  • Called-up capital refers to issued capital that has not been paid-up.

Authorized Capital for Start-ups

 Most of the start-ups are unable to pay Company Incorporation fee with Authorized capital to Ministry of Corporate Affairs (MCA) .Capitals can be invested by the members or shareholders is considered an unsecured loan or share application money or share premium. In the case when the private limited company starts scaling-up operations or requires in the form of debt or equity, authorized capital of the company is raised and additional shares are issued to the founding members commensurate with their investment in the company. 

07
Mar
17
Maintaining Statutory Register of the Company

Company is a legal entity made up of association of people. Companies can be natural, legal, or mixture. These are the organizations which can be commercial as well as industrial. Members of the company share a common goal and focus upon by uniting themselves. Company’s goal is an agenda for the employees of the company which is  achieved by the talent, effort, and skills in them.  

Statutory register is a form of register in which company’s data is maintained. Every company needs to have a statutory register which is kept in registered office or in Company’s house. Mostly these are the single bound book or loose-leaf binder which can be kept in any form, such as a computer record.  

According to Section 94, private companies may opt to keep certain information on the Central Companies House register instead of on their own statutory registers. In most of the companies, it is important to keep statutory registers. Since it is not only is it requirement of the Companies Act. But, also they should be kept up to date. Most probably the register of members, in particular, is the primary authority.

There are different types of Statutory Register

  • Register of members
  • Inspecting the register of members
  • Register of directors
  • Register of secretaries
  • Register of charges
  • Persons with significant control ("PSC") register
  • Other registers

Register of members

In every company record of the members (shareholders) is kept. This includes the names, addresses, numbers, Class of shares of the members. It also includes the date at which the person was registered or ceased as a member, the amount paid, or agreed to be considered as paid, on the shares.

Inspection of the Register

In Companies Act, 2006 there is an amendment about the inspection of the register. It remains open to any member of the company without payment. It can be with anyone else on payment of the prescribed fee.

Request for inspection or copies must contain the following information

  • Name and Address of the person making a request .This should also have the name of the organization they are acting. 
  • The purpose for which the information is to be used whether the information will be disclosed to any other person.
  • It must comply within 5 working days or apply to the court.

Register of directors

  • In every company, there must be the register of its director.
  • It must require contained particular of each person who is a director of the company.
  • The register must be inspected in company’s registration office or at a place specified in regulations.
  • The notice must be given to the registrar. The register must be open to the inspection. This should be available to every member without charge.
  • There is a provision of shadow director which is treated as an officer of the company.
  • A person found guilty in an offense under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.
  • Inspection of the register can be refused and the court may by order compel an immediate inspection of it.

Register of Secretaries

Company register of secretaries is required under section 275.In many Private companies, There are many companies where there are company secretary.

Register of charges

In every limited company, there is a requirement to keep its registered office a register of charges and enter in it all charges specifically affecting property of the company and all floating charges.

  • It has been abolished as far as all charges created by the Companies Act, 2006.
  • This register must be kept with regard to all charges on the undertaking or any property of the company created before that date.
  • These are in case of short description of the property charged and the amount of the charge.
  • The names of the persons entitled to the charge.

Persons with significant control (PSC) register is the new register of people with significant control underemployment act 2015  .

Register of Debenture holders- Every company should keep this register .This is the register for holders and Register of any other security holders in accordance with Section 88(1) of the Companies Act, 2013. This register is allotted in every company used to maintain a separate register of debenture holders or security holders

Other registers are the registers, such as a register of allotments, register of transfers, These are not statutory registers and there is no obligation.

 

06
Mar
17
How to start Export Business?

Export is a term which means shipping of goods and services out of the jurisdiction of the country. People mainly involved in this type of Business are called the Exporter. Selling of goods improves the gross output of the country. Export is an activity requires the involvement of the customs authorities in both the country of export and the country of import. There are different types of trade barriers caused due to government laws, regulations, and policy. 

In many countries, internet has bypassed involvement of Customs because of the low individual values of these trades. Since International trade has been a theory of economic thought. Export has an important role in the international trade and commercial policies. There are different methods to export such as

  • Shipping by air
  • Shipping by vessel
  • Mailing and Hand delivery
  • Downloading and Uploading on the Internet site.

Export business involves a plan. Following are the plans that can be used in Export Business.

  • Export of Product and Services
  • Capital Requirement
  • Market Study
  • Customer Study
  • Transportation and Logistics

Process involved in starting of export Business

There are mainly 3 types of Export Business

  • Start an Export Management Company if you wish to be the partner with domestic sellers to find foreign buyers for a small group of companies. EMC export operations for a domestic company that wants to sell its product. The hiring of dealers, distributors, and representative, handling advertising, and marketing promotions. EMC has merchandise to sell and is using its energies to seek out buyers.
  • Formation of an Export Trading Company for serving foreign buyers by matching them with domestic suppliers who can serve their needs. ETC attacks the other side of the trading coin. Identification of foreign buyers who want to spend their money. It also takes title to the goods and works on a commission basis.
  • It can be also be started by becoming an Export Merchant if a person wishes to purchase merchandise on your own and sell it in foreign or domestic markets. Export is sort of free agent.

Business registration-In this process you need to obtain licenses and permits from the country where you want to explore your Business. This is the first action plan after the decision of type export business. It is recommended to start the business with private limited venture which offers the promotion because of easy protection and easy to access loan. Private limited Company is the most preferred type of firm for export Business.   

Tax Registration-After Business registration, Tax registration can be obtained by Business entity name and PAN. Once the PAN has been obtained Bank Loan syndication, Raw Material, and other equipment can be easily purchased. Good and services do not attract VAT/Service Tax.VAT registration is required in case of purchase from another state.   

Importance of IEC - It is the code compulsory for any legal export Business. IEC license is required for specific service and also identification of the export business. It is not compulsory in those conditions in which export is for personal use and charitable organization approved by Central Government.

Focus on the early stage of your business by choosing a target niche. In the export vast range of industries are chosen for the benefit of the business and establish a reputation. Export can be of out-of-season produce and inexpensive foreign staples.

Establishment of Foreign contact –This is a time-consuming process in which you need to compile contacts. Place calls and mail marketing materials directly to sales and purchasing managers in each company.

Determine the needs of each of your contacts and begin to make connections. Compile a list of interest of people involved in doing business with you in the previous step. Communicate with purchasing and sales managers in each company to discover which products they have to offer to foreign buyers and which products to purchase from a foreign source.

If you want to start an export business visit Registrationwala.com

06
Mar
17
LLP registration for NRI and Foreign Nationals

Limited liability partnership is firm with Limited liabilities. LLP is one of the newest kind of firm. It is a unique type of firm which gives the opportunity of ‘partnership’ and ‘company’ in a single business entity.LLP was introduced under Limited Liability Partnership Act, 2008. LLP is superior than the Partnership firm. In LLP there is an option of raising equity by which chances fundraising decreases in Start-up.

In LLP must have at least two designated partners in these one must be Citizen as well as the resident of India. NRI and Foreign national mainly invest in the private limited company. Since, it is allowed to have 100% FDI under the automatic route. In India, the Government has now allowed 100% FDI in LLP under the automatic route.

Requirement for Filing the agreement

Digital Signature Certificate should be obtained by the all proposed partners and the proposed partners of the LLP. After DSC, partners required to obtain DPIN (Designated Partner Identification Number).Documents must be signed by Foreign Nationals and NRI copy of documents attached to it.

Documents to be attached for Foreign Nationals are:

  • Copy of Passport
  • Address Proof
  • Rest of the documents are same as for the Indian National.

All the Documents are to be notarized by the authorized professionals.

Documents required for foreigners residing in India

  • Resident Permit
  • Passport
  • Visa
  • Application form
  • Passport Photograph

Name Approval of LLP

Once the DIN is obtained, an application for reservation of name of LLP is made with the Ministry of Corporate Affairs (MCA). There need to be six options for names. It must not be generic and needs to have the distinct & unique structure according to the MCA regulations. After approval of name, the application for incorporation made within 60 days.

LLP Registration Process for NRI and Foreign Nationals

  • Obtain DSC and DIN.
  • Approve name of the LLP from the Indian Government
  • File an application for incorporation of LLP with Government.
  • File LLP agreement within 30 days from the date of incorporation of LLP

 Filing for Incorporation of an LLP

LLP application can be filed by the partners with MCA along with the required documents including the subscribers sheet. After satisfaction that all the requirement of incorporation of LLP has been duly complied as per the provision of LLP Act 2008, the registrar of companies shall issue the Certificate of Incorporation and after getting COI the partners can commence their business.

Filing LLP Agreement

LLP agreement must be duly signed and filed by the partner within 30 days if the agreement is not filed within the period of 30 days, it may attract the heavy penalty on the partners who are liable for such default.

How can Foreign National and NRI register an LLP?

In India, LLP registration started in 2008. This has become quick and popular amongst small businesses owing to the low registration cost and lesser compliance requirement as compared to a private limited company.

India Entry for NRIs and Foreign Nationals

Company Incorporation is the most preferred entry strategy in India for NRIs and Foreign Nationals. This is because 100% FDI under the automatic route which has been the main reasons for the popularity of private limited company amongst NRIs and Foreign Nationals.

LLP Registration and investment in India was a cumbersome process before November 2015.Due to this company registration was preferred over LLP registration by NRIs and Foreign Nationals. But, after the relaxation of FDI norms in November 2015, it is easy to register LLP by NRIs and Foreign Nationals. This is considered an ideal investment vehicle for establishing a small business in India with FDI policy.

The opening of Branch Office requires an approval from RBI. In this case, only well-established businesses having good track record in terms of financials are allowed to open a branch office in India.

04
Mar
17
Madrid Protocol an International system for Trademarks Registration

Madrid system is the international registration of marks in India. It was established under the Madrid agreement in 1891 and its protocol in 1989.This system offers the trademark owner protection of trademark in several countries. It can be done by simply filing an application with regional or national trademark office.

Madrid system enables the registration of trademarks in multiple jurisdictions worldwide. This system has not only eased the trademark application procedure but also simplified its subsequent management. Trademark can be protected and applicants can designate it in India.

 Problems solved by Madrid System

Protection of trademark needs to be registered in the country where the protection it is required. By this trademark granted by a particular country served to protect the interest of the proprietor only in that country. Filing of for trademark registration was required to protect in an individual country where such protection was sought. Chaos like multiplicity of applications and inconvenience to the potential applicant and also increased the costs.

  Requirement for an International trademark.

  • Applicant should be Indian National or Indian domiciled and should have established and commercialized business in India.
  • Applicant must have Indian trademark application. This application will be used as the International application. Goods and services mentioned in the list should be of an identical mark.
  • One or more than one application should be chosen in the international application under Madrid protocol.

Benefits of the Protocol

  • Less time-consuming process.
  • Less cost and more effect in the system.
  • Prevent from a multiplicity of applications.
  • Protection through the single application worldwide and set of fees.
  • Any language can be used whether it is a French, English or Spanish advantage to jurisdictions like India.
  • By sending one single document to the bureau any change in the details of the right holder (Eg. name, address etc) can be done.

Filing international trademark in Madrid Protocol

Step 1: Basic application by applicant

 Registration with the Indian Trademark or a pending application is the prerequisite for filing an application in India for Madrid Protocol. Trademark Office in India will then certify that the information in the international application. These are as the same as that in the basic application the date on which the international application was filed and forward the application to WIPO.

Step 2: Formal Examination for International registry.

A formal examination is conducted by WIPO to check if the application complies with the requirements of the Protocol and the other regulations. The same are notified to the applicant in case of any irregularities .The irregularities need to be remedied within three months failing which the application will be treated as abandoned.

When everything will be in order the application is recorded in the International register and published in WIPO Gazette. Certificate of International Registration will be sent to WIPO which will send and this will be notified in other trademark offices in the countries that the applicant has chosen to extend the protection of the mark. Trademark is still not been registered. In the substantial examination, the respective trademark will be checked in each country.  

Step 3: Substantial examination by Contract parties

Substantial is the examination through which application passes at the trademark office of the contracting party same as passed directly. WIPO get notification of acceptance or refusal within the applicable time. The decision of the trademark office of the contracting party will then record the same in their records will notify. After acceptance of the application, a statement of the grant will be issued through which registration will be valid for a period of 10 years.

Disadvantages of the Protocol

  • International Trademark Registration can extend only to Protocol territories.
  • The international applications should be processed within 18 months. Otherwise, the national filings might get delayed.
  • Trademarks registry in India has not been able to entertain the national filings due to lack of manpower.                                                                                                                  Since the Madrid system has been adopted, it would be even more difficult to look into both National and International filings at the same time with a number of people.
  • Ownership assignment should be of an International registration to entities residing or having a connection with Non- Madrid Protocol state. This is prohibited under the rules of the Madrid Protocol and is not good for India because it has business interests with several non-member countries.
03
Mar
17
Features of private limited company

The private limited company is one of the most preferred Business form for small business. It is the company with limited liability and greater flexibility. It is a type company governed by Companies act, 2013.It is held by few individuals privately having a separate legal entity.

The private limited company has a significant degree of separation between operations and ownership. The company should be formed with a minimum of Rs. 1 Lakh. These companies are considered small company when its turnover is less than 2 Crore in a latest audited financial statement.

Features

Name-It is mandatory to have word ‘private’ after its name.

Members– Company must have a minimum of 2 members and can have a maximum number of 200 members according to Companies act, 2013.

Number of directors– This type of company needs to have only two directors. These are with the existence of 2 directors a private company can come into operations.

Index of members–It is a company that has a privilege over a public company as they do not have to keep an index of its member. But, in the case of a public company it is required to maintain an index of its members.

Perpetual succession– Private Limited Company keeps on existing in the eyes of law even in the case of death, insolvency, the bankruptcy of any of its members. Company’s life keeps on existing itself.

Prospectus– It is a detailed statement of the company affairs which is issued by a company for its public. There is no such need to issue a prospectus in private limited company because in this public is not invited to subscribe for the shares of the company.

Deposits cannot be accepted- Company cannot appeal for money from the public .There are also some restrictions on the sale or transfer of its shares by the shareholders.

Minimum subscription– Company receives the amount which is 90% of the shares issued within a certain period of time. In case the company if the company is not able to receive 90% of the amount then they cannot commence further business.

Separate legal entity- It also enjoys the legal entity just like sole proprietorship and partnership. In case the director dies then company’s function can be performed. 

Shares are not easily transferable-Shares of the company cannot be transferred .This is done for prevention from taking over through big public company. It owns shares cannot be shared. It should be offered to its shareholders. In this case value of money is protected from the downs in the stock exchange.

Borrowing capacity-These companies can easily equity fund. Debentures, equity shares, preference shares can be issued by the permission of RBI. These companies are a preference for funding by Bank or Financial institutions. 

Owning property- Company being an artificial person, can acquire, own, enjoy and alienate, property in its name. The property could be machinery, building, intangible assets, land, residential property, factory, etc.

For more information you can visit  Registrationwala

02
Mar
17
What is Corporate Identification Number?

Corporate Identification Number (CIN) is a unique identification no. of 21 digits. This number is assigned by the Registrar of the Company according to the function of different states in Ministry of Corporate affairs, Govt. Of  India. Every company should have unique CIN No. whenever a correspondence or data forms submitted to MCA which particularly in audits and reports.

CIN contains details such as approved name. It tracks all the details of the company from incorporation by the Registrar (ROC) and all the transaction of the ROC. CIN code is given irrespective of whether the company is a listed company, private limited company, public company or OPC.

Changes can be done in CIN

  • Change in Company’s listing status.
  • Change in the industry of the company.
  • Change in company type from public limited to private limited or vice versa.
  • Change in State where the registered office of the company is situated.

Feature in CIN Digits

CIN is not a natural or random number of 21 digits. It is a code given to the company having some vital information.

CIN Number is basically divided into 6 parts with some information about the Company in each part:

First Digit-This represents the listing status of the Company may be either listed or unlisted. If the company is listed then “L” will be mentioned and if  ”U” then this shows the company is unlisted.

Next Five Digits-This represents the Industry Code depends on the business line chosen by the company. A particular Industry is chosen by in which the company intends to operate. This code is suitable according to the industry through which no. is allotted.

Next Two Digits –This represents the State Code of the State in which the registered office of the company is situated. Therefore, this code helps to know that the ROC is applicable with respect to the company. For Example: If the company has been registered in Gujarat, the Code would be “GJ”.

Next Four Digits-This represents the year of incorporation of the Company. Year of incorporation of the company can be identified by this no.

Next Three Digits-This represents the type of the company whether the company is Public Limited Company, Private Limited Company, Government of India Company, Centre, One person Company, Company of State Government (SGC), Section 8 Company or Not for Profit  Limited.

Last Six Digits – These digits represents the ROC Registration Number of the company. These are the unique numbers given to every company at the time of incorporation by the ROC in which they are registering. The allocation depends upon this number.

02
Mar
17
Duties and Rights in LLP

Limited Liability Partnership is a business firm with limited liability. LLP is giving you the advantage of ‘Company’ and ‘partnership’. LLP was passed under limited liability partnership act, 2008.This type of firm is superior to the partnership. In this case single person is not responsible for any misconduct. LLP do not have the concept of shared capital but the contribution of partners.

LLP is a unique form of Business in which partners are limited to their capital contribution.LLP requires fewer compliance formalities. Business is flexible because partners can decide how they will individually contribute to the business operations.LLP is beneficial because no tax is levied on a distribution of profits amongst the partners.

Duties and Rights of the partner in LLP

  • In LLP each partner has the right to take part in the conduct of Business.
  • In LLP every partner has the right to access copy of the books of account.
  • In LLP every partner is bound to attend diligent duties in the conduct of business.
  • In LLP business there are factors which similar to the corporate such legal duties and obligations of limited partners.
  • Partners in a limited liability partnership have a full managerial function.
  • The difference in the process of ordinary matters may decide by the majority of the partners.
  • Every partner has the right to present his/her opinion before the matter is decided.
  • Legal representative has the right to access in case partners dies.
  • The legal right of partners is the capacity to transact business with the limited liability partnership.
  • Partners accept full personal responsibility for a partnership liability.
  • Partners have right to vote without incurring liability. They are allowed to vote for amendments and for the dissolution.
  • Partners have the right to vote for fundamental changes.
  • Property rights are according to the development in the system of capital.

Authority of partners

  • Submission of the dispute related to the Business.
  • Partners can open an account on behalf his/her name.
  • Compromise and relinquish on any portion by the claim of LLP.
  • The suit can be withdrawn on behalf of the LLP.
  • Acquire and transfer immovable property of LLP.
01
Mar
17
How to register right trademark?

Trademark is a form of Intellectual property. It is a design, sign, word or a logo that depicts the brand name. Trademark is a unique mark which shows the unique identity of a brand. It is an asset which makes the first impression on your audience. This can be located on a package, a label, or a voucher. Trademark can also be displayed on the building for the corporate identity.

Trademark is a mark of an idea which differentiates your brand from others. Trademark Registration is mandatory in India. In this selection of trademark is not enough but also the selection should be right since it is the one of most important thing in the brand building. Decision making in the selection of brand has a crucial role to play. This is because once you have chosen a particular mark it becomes hectic to change it. So, you should think many times before making a right decision in the selection of the right trademark. 

What is Good Trademark?

Coin Words should be chosen which is not having any relation to the associated goods and services. For eg. Google, Yahoo, etc.

Unrelated word is mainly chosen to avoid objection. For eg. Apple, Asian paints do not have any relation with services and the product. Broader words will be considered under the scope of protection.

Words easy to speak, spell and remember are the good signs of the trademark. A trademark should easily be understood by the layman in the market or anywhere else. 

Market surveyed words are most considered words for any type of trademark which helps to rapidly expand the business. Trademark registered under this are less objectionable.

There are some others features as well as which should be there in the trademark for eg. description in shorter form, legible, appealing to the eye, short, precise, etc.

Steps to Register Trademark

  • Search the trademark
  • Filing the application of trademark
  • Conduct Trademark Examination
  • Obtain Registration Certificate
  • Trademark Renewal

For more information click  Trademark Registration Process in India

What is a Bad trademark?

Full Name and Surname –Trademark which having a full name or surname is considered to be a bad idea. A brand using person’s surname may result in dilution of the brand name which can cause confusion about the source or quality associated with the brand.

Laudatory word- It is not considered good practice to have a laudatory word ie. having the direct reference to the character of product or service.

Descriptive words – Most probably people make the common mistake by choosing a name related to the business or must describe the product or business. Basically, it is not considered under trademark registration in India. People try to opt for a descriptive brand name. Such brands are expressly prohibited under trademark laws of India. It is a word that clearly designates the place of origin of the goods or services.

What cannot be trademarked?

  • Marks should not create any confusion between the Public
  • Marks should not hurt any religious sentiment of citizen of India
  • Marks should not have any obscene matter
  • Marks that have been prohibited under the Emblems and Name
  • Marks should not consist of the shape of the goods which results from the nature of the goods.
  • There should not any generic term and abandoned marks.

 

01
Mar
17
FSSAI License Registration Process

Food safety and standard of India (FSSAI) is an autonomous body consolidates statute related to food safety and regulation in India. FSSAI is controlled by Ministry of Health & Family Welfare, Government of India. This has been established under the Food Safety and Standards Act, 2006. Mainly FSSAI is responsible for protection and promotion of public health. It is headed by a non-executive Chairperson, appointed by the Central Government, either holding or has held the position of not below the rank of Secretary to the Government of India.

FSSAI License is compulsory for selling the standard food products. These types companies must obtain 14-digit registration or a license number printed on food packages. It is a permit required to operate a food related business and to ensure good quality of food in your business and benefits one from government actions on non-compliances.

Why should people obtain FSSAI license?

The consumer should be aware and alert about the quality of food they eat. People need to know what they are consuming. This is the number of diets and healthy eating food eating. Nowadays people have started to take the food safety standard seriously.

FSSAI Logo can be used in your menu cards and pamphlets to publicize your food’s superior quality over others. It provides you an edge over the many food operators not having the license. FSSAI number is required for food products. Selective customers want to consume food products specifically having the license.

Easy Business expansion can be easily done with FSSAI license. This establishes reputation and qualification to grow your business in a new direction with ease. It is easy to get Bank loans and funding for expansion. It is considered important for quality and long run.  

Provides legal advantage as it is very good practice before starting your business of food products. Now it is very easy to obtain the FSSAI license.

Procedure of getting FSSAI License

  • Firstly, visit the website of FSSAI
  • Signup by filling all the required details, for example, email – ID, Contact details
  • Make a unique user name which is not registered earlier in FSSAI website.
  • After completing all these you will receive a message of confirmation
  • This message shows that you have been registered online. This will be valid for only 30 days and within 30 days you need to apply for the license.
  • Now you have to apply for online License/Registration.
  • Fill the Online Application with all the required details.
  • This will take some time in loading your necessary documents.
  • Reference number should be noted that is displayed on the screen after submission of application.
  • Track the progress of your application for Registration or Licensing.
  • Annual Turnover Below 12 Lakhs - Registration Form A
  •  Annual Turnover from 12-20 Lakhs - State license Form B
  •  Annual Turnover above 20 Lakhs- Central license Form B

Procedure of Central License Application

Central licensing is provided according to eligibility criteria. In this every required data is provided to the department which should be correct and appropriate.

  • Generic names like coconut oil, flavoured milk should be written it should not contain brand names.
  • Names of food products must be approved products as per FSS Act 2006.
  • In condition where you want add a new product then click on ‘Select Food Category’ in the screen of Food Processing Unit and from the drop down menu select the food category
  • After it fill all food items one by one but for clarity.
  • Information should be correctly mentioned as the same will appear on your FSSAI License.
  • Download the form.
  • Upload form by using electronic signature.
  • Finally you will be asked for end process asking you for how many years you want to apply.
  • The cost of Central License is Rs. 24999

Procedure for State License Application

After checking the eligibility criteria you are eligible for multi licenses.

State license can be applied. This will be based on the pre-check procedure if you are falling in the category for State License then you will be directed to the State Licensing page where you will fill out the application.

State licensing process is similar to Central License.

The cost of State License is Rs. 14999

Conclusion

FSSAI is considered both boon and bane for food products in India. FSSAI provides quality and trust to the audience. Branding of any food product is incomplete without the FSSAI.FSSAI marked food products are considered fully free unsafe ingredients. 

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