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TRADEMARK REGISTRATION
 
 
Trademark Registration Process
 
  • Investing your time and money to build a particular brand and seeing the same brand name being used by another, robbing you of your hard-earned brand reputation is not an agreeable state of affairs. Many a time, trademark (TM) owners end up in protracted litigation because when the time was right, they did not do trademark registration in India of their brand name. Trademark registration process of the brand name is not a difficult task. A few simple steps, as explained below and you would have the much-needed legal protection of your brand name registration in India.
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    Trademark Search
     
  • Many entrepreneurs do not comprehend the importance of a trademark search. Having a unique brand name in mind is not a good enough reason to avoid a trademark search. Therefore, a trademark search helps you to know if there are similar trademarks available, and it gives you a fair picture of where your trademark stands; sometimes, it also gives you a forewarning of the possibility of trademark litigation. Why waste your money in time-consuming trademark litigation later when you can choose to avoid it in the first place?
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    Filing Trademark Application
     
  • After you are sure that your chosen brand name or logo is not listed in the Trademark Registry India, you can opt for registering the same. The first step is to file a trademark application at the Trademark Registry India. Nowadays, filing is mostly done online. Once the application is filed, an official receipt is immediately issued for future reference.
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    Trademark Examination
     
  • After a trademark application is filed, it is examined by the examiner for any discrepancies. The examination might take around 1-2 months. The examiner might accept the trademark absolutely, conditionally, or object.
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  • If accepted unconditionally, the trademark gets published in the Trademark Journal. If not accepted unconditionally, the conditions to be fulfilled or the objections would be mentioned in the examination report, and a month’s time would be given to fulfill the requirements or response to the objections.
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  • Once such a response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a hearing. If, in the hearing, the examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark Journal.
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    Trademark Publication
     
  • The step of publication is incorporated in the trademark registration process so that anyone who objects to the registering of the trademark has the opportunity to oppose the same. If, after 3-4 months from publication there is no opposition, the trademark proceeds for registration. In case there is opposition; there is a fair hearing and decision are given by the Registrar.
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    Registration Certificate
     
  • Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued.
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    Trademark Renewal
     
  • The trademark can be renewed perpetually after every ten years. Hence, your logo or brand name registration can be protected perpetually.
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  • As seen in the above, the trademark registration process does not require much effort. It is a simple process but one which is nonetheless very important for brand name registration. We, at Intepat, can help you with the entire process of registration without you worrying about deadlines and responses. Hence, understand the power of your brand name registration and take steps in protecting it today.
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    COMPANY REGISTRATION
     
     
  • Company Registration in India will boost the progress of startups and provide an additional edge over those who have not registered. The Ministry of Corporate Affairs governs the company registration process with rules and regulations framed following the law.
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  • * Application for DSC (Digital Signature Certificate).
  • * Apply for the DIN (Director Identification Number)
  • * Application for the name availability.
  • * Filing of the EMoa and eAoA to register a private limited company
  • * Apply for the PAN and TAN of the company
  • * Issued certificate of incorporation by RoC with PAN and TAN
  • * Opening a current bank account on the company name
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    Search a company before Company Registration
     
  • One of the primary steps in Company Registration is to ensure that the company name has not already been taken by another legal entity. We can run a company name search to check the availability of the particular name in India against the MCA and trademark database.
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  • We recommend the businesses to come up with three to four alternative names during the approval stage of Private Limited Company Registration. The Ministry of Corporate Affairs will be the final authority to approve the name based on the availability rules and regulations.
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  • If you are disappointed that a preferred name is taken, do remember that the name of your company doesn't have to be your brand name. However, if you're going to trademark your brand name, also check if it has already been trademarked or not.
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    Documents required
     
  • * Identity And Address Proof
  • * Scanned copy of PAN Card or Passport (Foreign Nationals & NRIs)
  • * Scanned copy of Voter’s ID/Passport/Driver’s License
  • * Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
  • * Scanned passport-sized photograph specimen signature (blank document with signature [directors only])
  • * For the foreign nationals, an apostilled or notarized copy of the passport has to be submitted mandatorily. All documents submitted should be valid. The residence proof documents like the bank statement or the electricity bill must be less than 2 months old.
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    Registered Office Proof Documents required
     
  • For online company registration in India, the company must have a registered office in India. To prove admittance to the registered office, a recent copy of an electricity bill or the property tax receipt or water bill must be submitted. Along with the rental agreement, utility bill or the sale deed and a letter from the landlord with her/his consent to use the office as a registered office of the company should be submitted.
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  • * Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
  • * Scanned copy of Notarized rental agreement in English
  • * Scanned copy of No-objection certificate from the property owner
  • * Scanned copy of sale deed/property deed in English (in case of owned property)
  • SSI REGISTRATION
     
     
  • Small Scale Industries (SSIs) are the entities that are involved in manufacturing, production and services of products on micro or small scale. The maximum investment in machinery, plants and industries by Small Scale Industries cannot exceed Rs. 1 crore. Small Scale enterprises must come under the guidelines of Government of India. SSIs are considered to be the backbone of Indian economy. SSIs also help in the enhancement of employment opportunities as most of the SSIs are labour based.
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    Small Scale Industries (SSI) Registration
     
  • Ministry of Micro, Small and Medium Enterprises (MSMEs) facilitates the registration process for Small Scale Industries. It is essential to obtain SSI registration to avail benefits of numerous government schemes, subsidies, and incentives. SSI registration form is available online for the applicant to fill and submit to get the registration number. According to the Ministry of Micro, Small and Medium Enterprises Development (MSMED) Act, 2006, MSMEs are classified into two types:
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    Small Scale Industries Registration Procedure
     
  • * For SSI registration, owner needs to fill a single SSI online registration form online
  • * For additional industry registration, owner can opt for an individual SSI registration
  • * Self-certified certificates are valid for SSI registration
  • * SSI registration is free of cost
  • * After the filling and submission of SSI registration form, the concerned authority will issue an SSI registration number
  • * Documents required for SSI registration include industry name, adhaar card, address proof, bank account details and some common documents
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    Benefits of SSI Registration
     
  • * Ease of getting funding after SSI registration
  • * SSIs can avail various tax rebates, post SSI registration
  • * SSI units are granted carry forward of credit for Minimum Alternate Tax (MAT) up to 15 years
  • * Only SSIs are allowed to have access to certain government tenders
  • * Acquiring government licenses and certifications becomes easier once a unit receives a permanent registration
  • * As many concessions and rebates are available, therefore the cost of setting up of industry reduces
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    Features of Small Scale Industries (SSI)
     
  • Ownership: Usually small scale industries have a sole proprietorship or if required, partnership with a few individuals.
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  • Control: The control of the industry is with the owner himself/herself, leading to the active participation of the owner in routine business activities.
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  • Labor Intensive: Technology in SSI is on a nominal scale. There is extensive use of labour for production activities.
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  • Short Reach: The operations in a small scale industry are not on large scale. Hence, they are only able to cater to regional demand.
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  • Flexibility: As the units are comparatively small in size, changing according to the dynamic environment is more feasible for them.
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  • Resources: Small Scale Industries are located in places where resources are easily made available. This reduces transportation costs for the manufacturer and the use of resources is also efficient.
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    MSME REGISTRATION
     
     
  • MSME stands for Micro, Small and Medium Enterprises. The MSMEs are key contributors to the socio-economic development of the country. The MSMEs cover almost 95% of industrial units, 50% of exports and 45% of employment. Opting for MSME registration is not a statutory mandate; however, it is advisable to obtain the benefits of the Mirco, Small and Medium Enterprises Act. The initiative of MSME started functioning in 2006 to create a competitive environment and encourage small businesses to ensure speedy development and boost the economy.
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  • The MSMEs are categorized in manufacturing sectors and service sectors. These two sectors have been further classified based on the investment. The classification has recently been reset based on investment and annual turnover to create a greater scope of growth for the MSMEs. Below is the reset classification of the micro, small and medium enterprises.
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  • One can opt for MSME registration online and offline as well. The registration process for both the manufacturing sectors and service sectors can be done on a single platform of msme.gov.in. Following is the process of MSME registration.
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    Fill up the form for MSME registration
     
  • Go to the website of the MSME online application.
  • Fill up the form online or take a print out and fill-up the form offline.
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    Prepare the documents
     
  • Prepare the documents with the assistance of the experts at MSME.
  • The process can take up to 2 working days.
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    Make the application
     
  • Submit the application form coupled with the required documents.
  • After submitting the application, verification takes place.
  • The verification can take up to 2 working days.
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    Approval and registration
     
  • * The registration will be done if the application has been approved.
  • * The MSME certificate will be delivered to you.
  • * The MSME registration application form contains the following components.
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  • * Aadhaar details, PAN details, social category and gender of the entrepreneur.
  • * Name and type of enterprise.
  • * Address and contact details.
  • * Investment amount.
  • * Employee number.
  • * The MSME registration fee is Rs. 1,999. Applicants can pay the fees using the online payment gateways. However, keep the investment limit in mind while applying for the registration.
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    MSME Registration Benefits
     
  • * MSME registered enterprises can avail loans at lower interest rates than regular loans. Loans can be availed at an interest rate of as low as 1% to 1.5%.
  • * MSME certificate holders can enjoy tax exemption under the MSME Act.
  • * MAT or minimum alternate tax can be extended to 15 years from the regular 10 years.
  • * MSME registered enterprises gets preference for government-issued license and certificates.
  • * By getting registered under MSME, the cost of patenting and industry set up reduces due to various rebates and concessions.
  • * Many government tenders are given to only MSME registered enterprises.
  • * An MSME gets easy access to credit.
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    Documents Required for MSME Registration
     
  • To avail, the MSME registration benefits the following documents are required:
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  • * Aadhaar card
  • * Property paper
  • * Rent agreement
  • * Cancelled cheque
  • * Partnership deed (for partnership firms)
  • * Memorandum of Association (for companies)
  • * Articles of Association (for companies).
  • * PAN
  • * The social category of the applicant (General, SC, ST or OBC)
  • * The physical ability of the applicant (disabled or not).
  • * Some additional documents required for the registration are as follows.
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    Business address proof
     
  • Self-own property: allotment letter, property tax slip, possession letter.
  • Rented property: rent receipts and NOC from the property owner.
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    Company registration proof
     
  • Photocopy of sale bill.
  • Photocopy of purchase bill (of raw material).
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    License and purchase bills for machinery
     
  • Photocopy of an industrial license.
  • Bills of purchasing machinery and installations.
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    Registration Services List
     
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