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Filing and registration procedures for various entities and intellectual property can be complex. Our experienced legal team provides comprehensive support to ensure smooth and compliant registration processes for businesses, trademarks, copyrights, patents, and more.

Legal Assistance for Filing and Registration

Expert assistance with company registrations including Private Limited, Public Limited, LLP, and One Person Company.

Support for trademark, copyright, and patent registrations to protect your intellectual property rights.

Assistance with GST registration, including preparation of required documents and compliance with regulations.

Guidance for start-ups and new entities to register with the Start-Up India portal and access government benefits.

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Procedure for Filing and Registration of Different Types of Entities in India

The process of filing and registering various entities and intellectual property rights in India is governed by different statutes and authorities, primarily through the Ministry of Corporate Affairs (MCA), Income Tax Department, Intellectual Property Office, and other state-level authorities.

Company Registration Services

  • Private Limited Company

  • Public Limited Company

  • One Person Company (OPC)

  • LLP Registration

Procedure for Registration

1. Digital Signature Certificate (DSC)

Directors or designated partners must obtain a DSC from a recognized authority.

2. Director Identification Number (DIN)

Obtain a DIN through the SPICe form for company registration or DIR-3 for LLPs and Partnerships.

3. Name Approval

Secure a unique name using MCA’s RUN or RUN-LLP service, ensuring compliance with MCA's naming guidelines.

4. Filing SPICe or FiLLiP Form

Complete the SPICe+ form for companies and FiLLiP for LLPs, which also includes PAN and TAN applications.

5. Memorandum and Articles of Association (MoA and AoA)

Draft and file the MoA and AoA outlining the company’s objectives, regulations, and operational structure.

6. Certificate of Incorporation

After approval, the RoC issues a Certificate of Incorporation, making the entity legally operational.

7. Additional Filings for Start-Ups

Start-ups can register on the “Startup India portal” to gain tax exemptions, intellectual property assistance, and government incentives.

Procedure for GST Registration

1. Application on GST Portal: Visit the GST portal and complete the online registration form (GST REG-01).

2. Submit Required Documents: Submit the following documents:
Business PAN
Proof of business address
Identity proofs of proprietors, directors, or partners

3. Verification and Approval: After document verification, a GSTIN (Goods and Services Tax Identification Number) is issued.

4. GST Compliance: Registered entities are required to file monthly, quarterly, or annual GST returns depending on turnover.

Trademark Registration

Trademark registration provides legal protection for brand names, logos, or slogans.

Procedure for Trademark Registration:

1. Trademark Search: Conduct a trademark search on the Indian Intellectual Property Office (IPO) website to check for existing marks.

2. Filing Application (TM-A): Submit a trademark application in TM-A form online or at a Trademark Registry office. Include details of the logo/mark, class of goods/services, and applicant information.

3. Examination and Publication: The IPO examines the mark, and if approved, it’s published in the Trademark Journal for public objections.

4. Issuance of Trademark Registration Certificate: If no objections are raised within four months of publication, the IPO issues a Trademark Registration Certificate, granting the applicant exclusive rights to use the mark.

Copyright Registration

Copyright protects original works, such as literature, music, software, and visual art.

Procedure for Copyright Registration:

1. Filing of Application: Complete and submit Form XIV, along with required details and documentation, on the Copyright Office’s online portal.

2. Examination and Publication: The application undergoes scrutiny, and any objections are addressed. If approved, it is published in the Copyright Journal.

3. Issuance of Certificate: After publication and resolution of any objections, the Copyright Office issues a Copyright Registration Certificate.

Patent Registration

Patent registration grants exclusive rights to inventions, protecting them from unauthorized use.

Procedure for Patent Registration:

1. Patent Search: Conduct a patent search on the Indian Patent Office website to ensure the invention is unique.

2. Filing of Patent Application: File Form 1 (Application for Grant of Patent), along with Form 2 (Specification), on the Patent Office website or at the physical office.

3. Publication and Examination: After 18 months, the application is published. The applicant can request an early examination (Form 18) to expedite the process.

4. Grant of Patent: If the Patent Office finds the invention eligible after examination, a Patent Certificate is issued, granting the applicant exclusive rights.

Partnership Firm Registration

Partnership registration is optional but highly recommended for legal security.

Procedure for Partnership Registration:

1. Draft Partnership Deed: Draft a partnership deed with details such as the firm’s name, partner details, profit-sharing ratio, and terms.

2. Submit Application to Registrar of Firms: Submit the notarized partnership deed, application, and fees to the Registrar of Firms of the respective state.

3. Issuance of Registration Certificate: Upon approval, the Registrar issues a Certificate of Registration.

Marriage Registration

Marriage registration can be completed under the Hindu Marriage Act, 1955, or Special Marriage Act, 1954.

Procedure for Marriage Registration:

1. Marriage Application Form: Complete the marriage registration form online on the respective state government portal.

2. Submit Required Documents: Submit identity proofs, passport-size photographs, address proofs, and a marriage invitation card, if applicable.

3. Verification and Certificate Issuance: The Registrar verifies the details and may conduct a physical verification. The Marriage Certificate is issued upon approval.

Documentation Required for Different Filings

  • • Company Registration: Identity proofs, MoA, AoA, registered office address proof, DSC, DIN.
  • • GST Registration: PAN, business proof, address proof, identity proofs.
  • • Trademark Registration: Trademark details, class of goods/services, proof of claim.
  • • Copyright Registration: Work details, applicant’s information, any proof of ownership.
  • • Patent Registration: Invention description, applicant’s details, patent drawings, and technical specifications.
  • • Marriage Registration: Identity proofs, photographs, address proofs, witness details.

Additional Compliance for Start-Ups and New Entities

1. Start-Up India Registration:

Start-ups can apply through the Start-Up India portal to receive benefits like tax exemptions and government support.

2. Intellectual Property (IP) Filings:

Start-ups and new entities should protect IP assets by registering trademarks, patents, and copyrights to avoid infringement.

3. Accounting and Compliance Filings:

All entities must maintain regular filings, such as annual returns, financial statements, GST returns, and tax returns.

Conclusion

Filing and registration of entities, intellectual property, and marriages in India are essential for legal compliance and operational security. Each type of filing has specific steps, documentation, and legal requirements, and adhering to these procedures ensures the legitimacy and protection of the entities involved. For detailed assistance, contact and connect with the Advonet to consult with experts of legal and compliance professionals to ensure proper filings.

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