Name Rejection by CRC for vague reasons.

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kapil dudeja

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Jun 14, 2017, 2:31:27 AM6/14/17
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CRC is rejecting the proposed names for vague reasons, I've filed the SPICE forms after verifying the proposed name in company & trademark database but still they have rejected the name for the 3rd time & due to this fee for the SPICE form has been fortified. This clearly defeats the purpose of Incorporating the company in 24 hours. Totally fed up with the action of CRC.

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Kapil Dudeja
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Priya Jain

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Jun 14, 2017, 2:39:53 AM6/14/17
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There must be some issue in the name

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ashish saxena

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Jun 14, 2017, 2:43:42 AM6/14/17
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This has become a routine harrasment practice by the CRC which is managed by a PCS firm and is abusing the power entrusted to it and making mockery of the system and process. 

BR/-
Ashish Saxena

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siddharth mittal

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Jun 14, 2017, 3:37:15 AM6/14/17
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I had faced the same problem, they even did not teel us on what grounds they have rejected our forms , they cite that its is too general, which is nowhere defined.
But I get to know that they need BRIBE....RISHWAT to pass your name....you just Greece their Palm, they will pass your name, I denied to pay any money and they rejected my names.

Regards,
Siddharth Mittal,
M Siddharth & Associates
(Company Secretaries)

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On 14 June 2017 at 12:01, kapil dudeja <kapil...@gmail.com> wrote:

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Deepak Arya

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Jun 14, 2017, 3:42:33 AM6/14/17
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what was the name?
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Thanx & Regards

Deepak Arya
B. Com (H), ACS 

Nandish Dave

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Oct 21, 2017, 7:40:24 AM10/21/17
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Clear Misuse of provision. Name applied by client are being rejected even after they are far different from existing Name / TM.

Further, there is no system to argue that, name are clearly different.




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Nandish Dave
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Ashutosh Sharma

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Oct 21, 2017, 12:33:57 PM10/21/17
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MCA sucks. Drag them to the court if you wish so for such misuse. Though none of the professional mostly cs in the field of Company formation do this. But it is required also the department is a clear example of how public money is wasted

DEEPAK SADHU

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Oct 21, 2017, 1:47:14 PM10/21/17
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We need to write to the president....Can we take this issue seriously....Clients are doubting our professional credibility

Regards

 

CS Deepak Sadhu

DEEPAK SADHU & Co,

Company Secretaries

B.Com, MBA (Finance), ACS

Bangalore


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On Oct 21, 2017 22:04, "Ashutosh Sharma" <ashutosh....@gmail.com> wrote:
MCA sucks. Drag them to the court if you wish so for such misuse. Though none of the professional mostly cs in the field of Company formation do this. But it is required also the department is a clear example of how public money is wasted

Ashutosh Sharma

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Oct 21, 2017, 1:57:00 PM10/21/17
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I admit we must but the Union Minister is Mr. Arun Jaitley and I doubt his credibility on such issues as I am facing trouble with RoC in certain cases even where High Court have passed orders against the acting directors in case of fraud by the company but RoC is not acting at all and not even RD is listening. they have even turned down the application under RTI.

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Siddharam Billur

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Oct 22, 2017, 2:01:49 AM10/22/17
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I do commit

AR Kumar

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Oct 23, 2017, 11:20:03 PM10/23/17
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Hello Everyone,

As MCA has asked for suggestion on Ease of Doing Business and changes in the existing Name guidelines. 
I request every one to forward and provide input in the following which i'm mailing to mca by this week.

SR NO.RULE NOSUGGESTION/
COMMENTS
JUSTIFICATION
1RULE 8(2)(a) (ii)
 it includes the name of a trade mark registered or a trade mark which is subject of an application for registration under the Trade Marks Act, 1999 and the rules framed thereunder unless the consent of the owner or applicant for registration, of the trade mark, as the case may be, has been obtained and produced by the promoters
The Said Rule should be strike off. 



1. Companies Act 2013 and Rules framed there under and Trademark Act 1999 and TM Rules 2017 operates in Two different field.
 
2. Trademark Act & Rules has its own process to decide whether the name should be registered or not.

3. Auth , Appointed under the Companies Act & Trademark Act are different, having different power. Companies Act tries to override the same which should not be case.

4. Companies Act 2013 is applicable to Companies incrp under the act whereas there is nothing like applicability of Trademark Act. Any individual, firm, HUF, Trust, Company can make application and open for all. Therefore, Trademark has wider scope in terms of registration of Logo/Name/Design/Mark than Companies Act.

4. CRC officials are not fully aware about the IPR Act and Rules. They even consider the "ABANDON" application while raising query in name which has no validity as per sec. 132 of the Act.

5. Trademark could be applied for future date usages mentioning "PROPOSED TO BE USE". It gives applicant to use the right from the date of making application.

6. Its is Usually found that Trademark Application in any Class are in huge numbers having different logo/design/images and majority of them are either Registered and/or under the process of registration. 

7. When more than one application is permitted to be registered under the TM Act in any single class then why name applied under CA 13 should not be allowed. 

(Trademark Search Report in Class 25 for name "Pooja" has been attached for ready reference)

2.NEW RULE TO BE INSERTED REGARDING GENERAL WORD and WELL KNOWN MARK1. The List of word  falling under"GENERAL" category should be specified or not to raise query mentioning the "name is too general".

2.Only Well Known mark to be considered.
1. Even when name is available, CRC/ROC raised/rejected name mentioning the reason "the name is too General" whereas it has not been specified in the rules. CRC/ROC Reject names without any justification on the same. Common names are kept because they are  easy to remember.

2. Under the TM Act, there are "WELL KNOWN" trademark like TATA, Reliance etc.  the Rule should be limited to well known mark list as available with TM Registry and not to other mark falling under TM Act.
TM SEARCH.pdf

Siddharam Billur

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Oct 23, 2017, 11:56:40 PM10/23/17
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Kindly tell , wt u attached which is full of trademark related.by that i can suggest better.

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AR Kumar

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Oct 24, 2017, 2:03:45 AM10/24/17
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Attachment is existing application in the Trademark Registry with common name "Pooja". 

More than one application is Registered. If TM office could register more than one Application then what's the problem with CRC ?

I hope it is clear


On Wednesday, June 14, 2017 at 12:01:27 PM UTC+5:30, kapil dudeja wrote:

Shipra Mishra

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Oct 24, 2017, 2:14:04 AM10/24/17
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same happened with us also, name was unique but they rejected by saying name to too general,
I have complained to all the officials but all in vain,

See the email attachment, you will find my applied name very genuine and unique.I must say all officials in CRC are corrupted, i am totally frustrated


Regards

For Shipra Mishra & Associates 

Company Secretaries

CS Shipra Mishra (B.COM, LL.B, FCS)

Partner 


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service complaint.pdf

Ashutosh Sharma

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Oct 24, 2017, 4:34:08 AM10/24/17
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RoC offices are a burden on business community. This department requires a huge rejig and refix but before that the rabbit of corruption needs to be addressed.

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CS Viral Sanghavi

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Oct 24, 2017, 5:33:39 AM10/24/17
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​This CRCs prople are brainless idiots.​ 

They are rejecting that applications also where the applicant was not able to file incorporation in 60 days and hence filing again INC-1 for same name, attaching the NAME APPROVAL LETTER also.

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CS Viral Sanghavi
Practising Company Secretary

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DEEPAK SADHU

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Nov 5, 2017, 1:01:08 AM11/5/17
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What needs to be done...with name applications....getting scared to take up incorporations

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CS Deepak Sadhu

DEEPAK SADHU & Co,

Company Secretaries

B.Com, MBA (Finance), ACS

Bangalore


“IF YOU THINK COMPLIANCE IS EXPENSIVE, TRY NON-COMPLIANCE

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Ashutosh Sharma

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Nov 5, 2017, 8:50:33 AM11/5/17
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Problem dono taraf hai, client rota boht hai aur authorities maangti boht hain, jabki chor dono hain aur pista bechara professional hai

Siddharam Billur

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Nov 5, 2017, 7:25:42 PM11/5/17
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We all do through email do inform the Council, to hv discussion with MCA. 
BUT ALL CS PATERNITY DO COMMIT FOR THIS. What u all say?

DEEPAK SADHU

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Nov 5, 2017, 10:33:56 PM11/5/17
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I m ready to commit

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CS Deepak Sadhu

DEEPAK SADHU & Co,

Company Secretaries

B.Com, MBA (Finance), ACS

Bangalore


“IF YOU THINK COMPLIANCE IS EXPENSIVE, TRY NON-COMPLIANCE”

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DEEPAK SADHU

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Nov 5, 2017, 10:34:42 PM11/5/17
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I am sure many will be aggrieved by CRC on the name issues....All will be ready to support


Regards

 

CS Deepak Sadhu

DEEPAK SADHU & Co,

Company Secretaries

B.Com, MBA (Finance), ACS

Bangalore


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CS NITIN KATKAR

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Nov 6, 2017, 8:50:38 AM11/6/17
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From June to Oct 2017 CRC Calculation of Incorporation of Companies

 

Month

No of Companies

Increase/ Decrease

Jun-17

9044

Jul-17

9386

342

Aug-17

9413

27

Sep-17

8849

-564

Oct-17

7556

-1293

 

 

 

 

 

 

 

 

 

 

 

................................................................................................................................

1369118664748

Regards

 

CS NITIN KATKAR

For

NITIN KATKAR & ASSOCIATES

( Ptactising Company Secretary)

We Believe in Commitments

 

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