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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
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| SR NO. | RULE NO | SUGGESTION/ COMMENTS | JUSTIFICATION |
| 1 | RULE 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 MARK | 1. 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. |
Regards
For Shipra Mishra & Associates
Company Secretaries
CS Shipra Mishra (B.COM, LL.B, FCS)
Partner
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Regards
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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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 |
................................................................................................................................

Regards
CS NITIN KATKAR
For
NITIN KATKAR & ASSOCIATES
( Ptactising Company Secretary)
We Believe in Commitments
CONTACT NO. +91 94042 33327, OFFICE No. 020 6523 0021
Email:- csniti...@gmail.com,
WebSite:- www.katkarcs.com
ADDRESS:-
Durga Prasad Apts. S.No.26/6, Flat No-1, Above Udyam Vikas Bank
Hingne Khurd, Sinhgad Road, Pune- 411 051.
Corporate Secretarial Services | Secretarial Audit| ROC, CLB, RD Compliance | Corporate Governance | Legal Due Diligence | Companies Formation | FEMA and RBI | LLP Formation| Trust Formation| XBRL Filings | Intellectual Property Rights|
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Save
tree, Save paper, Save environment
(Do not take print unless it is required)
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