How to Register A Company in India? Pharmaceutical Franchise Help

A pharma marketing company can be registered in many ways. We are going to discuss about documents and procedure required to register a pharma marketing company. Wholesale Drug license number is necessary for every pharma company to start distribution and/or marketing in India. Goods and Service Tax Number is required for movement of goods throughout India. Trade Mark registration is necessary for safeguard of your intellectual property. In case of above 2 partners and below 50 partners, company can be registered under private limited company or limited liability company and for single proprietor, you can go for one person company.Following are the departments and documents where you can register your pharma company:

  1. Drug Department License
  2. Good and Service Tax Registration
  3. Company Registration
  4. Trade mark registration

Documents and procedure for Drug department and GST department, we have discussed in our post How to start Pharma Marketing Company in India ? . Trade Mark Registration process, we have also check out in our previous article. Link above listed trade mark registration.


4. Company Registration:

You can register your company as:

  • One Person Company
  • Private Limited Company
  • Limited Liability Company
  • Public Company

Requirements:

Directors & Shareholders:

  • DSC (Digital Signature Certificate)
  • DIN (Director Identification Number)
  • PAN (Permanent Account Number) Card
  • TAN (Tax Deduction and Collection Number)
  • Identity Proof (Electronic ID / Aadhar Card / Passport / Driving License)
  • Passport Photo
  • DSC Form Download Format
  • Address Proof (Bank Statement / Mobile Bill / Telephone)

Registered Company Office:

  • Rent Agreement (Notarised: For rented property)
  • Property (Director / Relative) – Registry Proof / House Tax Receipts (Notarised)
  • Latest Electricity Bill
  • NOC from the owner on the name of any director (Notarised)
Others:
  • MOA(Memorandum Of Association)
  • AOA (Article Of Association)

Approximately Cost:

  • One Person Company (11500/-)
  • Private Limited Company (12500/-)
  • Limited Liability Company (7500/-)
Time Taken:
Approximately 10 to 30 Days required to register a company
Procedure:

  1. Identity proof and address proof is mandatory for all proposed directors of company. Directors may be Indian or Foreigners.
  2. Generate Digital Signature Certificate.
  3. All directors should have Directors Identification Number(DIN). It can be applied online at www.mca.gov.in .
  4. PAN cards and TAN is mandatory.
  5. NOC (Non Objection  Certificate) is required from landlord of the premises to be proposed as a registered office. Landlord’s Identity proof and Address proof is must.
  6. You have to choose company name. It is recommended that you need to go with 5-6 names in order which you prefer. In case, your preferred name is not available, you can go to the next one in order. Apply online with available name. Fill Form 1A that are available at ministry of corporate affairs website by visiting following location https://mca.gov.in/.
  7. After company name approval , you have to apply for the incorporation of company. Prepare memorandum of association which will detail what is the company operation, list of directors etc. Apply this also with Form 1.
  8. Fees for registration. Private Limited company fee is approximate 9500/- for 2 partners. Fees may vary.
Company can be started with any minimum capital. However, fee must be paid to the government for issuing a minimum of share worth Rs. 1 lakh. But there is no requirement of showing proof of capital invested.If you want to apply online at www.mca.gov.in . You will need digital signature for applying online. Read about What is Digital Signature Certificate? Uses and application!!!

Hope above information is useful to you…

For any query and suggestion, mail us at pharmafranchiseehelp@gmail.com

Related Query:

Query:

I want to start pharma marketing company, for this LLC or OPC is ideal. What is the difference.
For drug licence can i apply on the same name (company name) or with different name. May i know the difference

Response:

Difference between Limited Liability Company and One Person Company: is only one i.e. One Person Company requires only Single person for registration of Company whereas Limited Liability Company Requires minimum of Two persons for registration of Company. Otherwise One person company enjoys every benefits that are taken by Limited Liability Company. In One person company, only single share holder can start company with all facilities of limited liability company. Person and company will have separate entity. Person will not have any liability for creditors of company.

You should have to take drug license with same name as of your registered company name

Read Related: How to Choose Company Name?

Best Ayurvedic Manufacturing Company

How Much Investment is Required to Start Pharmaceutical Company?

Most of person has issue of investment. 98 out of 100 person who think to start own business faces investment problem. Investment and money is most important prospect for starting any type of business. Here we are providing some basic calculations to calculate investment required to start pharmaceutical company.

Pharmaceutical Sector is one of the fastest growing sectors in world. As we have discussed in our Article: How to start Pharmaceutical Company? Pharmaceutical companies are of two types:

  • Pharmaceutical Marketing Company
  • Pharmaceutical Manufacturing Company

Investment required for both types of companies are also different. While preparing a Business Plan, investment is an important part of it. Pharmaceutical Marketing Company require less investment as compare to manufacturing company because manufacturing unit requires lot of machinery, a world class infrastructure, building and much more.

In this article we will try to calculate total investment required for starting marketing company and manufacturing company. Investment is of three types generally:

  • Fixed Capital Investment (One Time investment)
  • Working Capital Investment (Investment to run a company)
  • Inventory Investment (Stock, Raw Material, packaging material etc.)

Fixed Capital Investment:

We can say it also as One Time Investment. Fixed Capital Investment is the investment in fixed assets (like land, building, office, vehicle, machinery and equipment etc.). Fixed Capital Investment will be different for marketing company and manufacturing company.

Working(Operating) Capital Investment:

Working investment is liquid assets needed to run a company. Operative capital includes salary, wages, raw material cost, and marketing & promotional expenses etc. These are planned and unplanned investments (timely arise) require in daily basis to smoothly run an organization. Operating capital investment require till company start to earn adequate profit to handle its regular expense and wages.

Inventory Management:

Third type of Investment required for Stock and Product Availability (Inventory). Inventory investment depend at number of products you want to launch and manufacture in starting.

Investment Required for Pharmaceutical Manufacturing Company:

Pharmaceutical Manufacturing is a highly investment project. Major portion of investment will invest in purchasing a land, Building and infrastructure etc. This can be prevented if you start at rented premises and building. But location, area, plant and building infrastructure should meet with requirement of GMP certification (WHO: GMP and/or Schedule M).

Area required and machinery detail for starting manufacturing unit, you can read at our article:  Area and machineries required for each section in Pharmaceutical Manufacturing Unit.

If you have own land and building that Good, but that is also an investment. We will consider it as investment. If you don’t have, you have two options: Either you purchase or you take a building at rent. In case of rented premises, rent and/or deposited money will be calculated as investment.

It’s not easy to calculate actual investment as cost of land, plant, cost to build a building, rent, machinery and equipment, staff salary, worker wages are not same at all locations, area’s, states and countries. Cost of any particular thing, we will replace with any alphabets. By replacing that alphabet with cost of that thing in you locality, you can calculate actual investment required to start pharmaceutical manufacturing company.

Requirements for Starting Pharmaceutical Manufacturing Unit:

Fixed assets:

  • Land (L)
  • Building (B)
  • HVAC (Heating, Ventilation and Air Conditioning) System (H)
  • Air Lock System (A)
  • Fitting, Finishing and Furnishing (F)
  • Machineries and Lab Equipments (M)
  • Electricity Supply (E)
  • Water Supply (W)
  • Compressed Air Supply (C)
  • Investment for completing Licenses and formalities (I)
  • Other Requirements (R)

Liquid Assets:

  • Skilled and Technical Staff Wages (S)
  • Non Skilled Worker Wages (N)
  • Repair and maintenance (H)
  • Rent if applicable (T)
  • Bank Loan installments and related expenses (I)
  • Promotional and Marketing (P)
  • Other expenses (J)

Inventory Investment:

  • Raw Material and Packaging Material Stock (R)

You need to calculate fixed capital investment and operating capital investment separately. This will help to establish and run manufacturing company smoothly. Fixed capital investment can be calculated by adding fixed assets cost where as operating capital investment can be calculated by adding liquid assets.

Fixed Capital Investment = L+ B + H + A + F + M + E + W + C + I + R

Operative Capital Investment = S + N + H + T + I + P + J

Other than these, a manufacturing company also needs to market its own product in market. So it also requires investment needed for marketing and promotion as needed by marketing company. We can also include investment that will require for starting pharmaceutical marketing company in below portion.

Investment Required for Pharmaceutical Marketing Company:

Investment for Pharmaceutical Marketing Company is relatively low as compare to manufacturing company. In marketing company there is less infrastructure and capital required. For marketing company, less space, small office and fewer requirements are needed but marketing and promotional budget could be higher side.

A pharmaceutical manufacturing company has few addition marketing tools other than conventional marketing tools and advantage in marketing like third party manufacturing, contract manufacturing, loan licensing, greater reputation and institutional supply etc. That is not available for pharmaceutical marketing companies. Marketing has to reliable at conventional marketing solutions like ethical, generic, pcd, franchise etc only.

In marketing company, office and premises can be at rented basis if not owned. If owned premises, we will add it in fixed capital investment. Otherwise rent will be considered as operating capital investment.

Fixed Assets:

  • Office Building (B)
  • Office Furniture and Accessories (A)
  • Computer and Electronic Equipments (C)
  • Fitting and Furnishing (F)
  • Investment at licenses and documents (L)
  • Other Requirements (X)

Liquid Assets:

  • Office Staff Wages (O)
  • Rent if applicable (R)
  • Bank Loan installments and related expenses (I)
  • Promotional and Marketing (P)
  • Other expenses (J)

Inventory Investment:

  • Stock Investment (S)

Fixed Capital Investment= B + A + C + F + L + X

Operation Capital Investment+ O + R + I + P +  J

Marketing Strategy and promotional methods are almost same for marketing and manufacturing companies. So there marketing and promotional expenses are almost same.

Above we have discussed about investment required to start pharmaceutical company. In short discuss about factors that affect investment for starting pharmaceutical company.

Factors:

Land Cost:

Cost of land is different at different localities. Possibilities is there if some where you can find land at cheap cost and some where cost of land is high.

Building and Premises Furnishings:

Building construction as per GMP certification is very essential for setting up manufacturing unit. A good architect is needed for it. Also building material cost varies place to place. That makes different in investment to construct a building at different places.

HVAC, Air Lock System and other machineries & equipments:

Some countries and localities are dependent at import for high quality systems and machineries for setting-up a plant. Also prices vary according to the manufacturers and quality of machineries and equipments.

Licenses and Documentation process and Fees:

Some regions and countries have relaxed policies in respect for licenses and documents to start pharmaceutical company. In some regions, it’s a difficult task to get any type of license even after completing all formalities. Bribe and unethical money distribution also affect the investment required.

Rent:

In case, you are in rented premises and/or building, rent at that particular locality affect the investment. In prime location rent may be high, in non prime locality rent would be relaxed.

Staff and Workers wages:

Easy availability of skilled and technical staff, Non availability of skilled staff directly or indirectly affects operation investment. If available then investment will be lesser otherwise skilled staff recruitment from outside locality may increase operation investment.

Investment required for Stock and Product Availability (Inventory Investment):

Stock may be in both assets fixed and liquid depend at situations. Stock is moving thing and will be in rotation as per demand and supply. Stock investment will be covered under Inventory management but here we will also cover important aspects regarding stock because it is an important part of Operative Capital Investment.

We can divide stock investment in three parts.

  • Initial Investment
  • Second investment in second batch to prevent shortage of products
  • Emergency money

You could need double of your initial investment as reserve money for smooth flow of stock at initial stage. You have to invest in market, doctors and products. You have to invest at stock irrespective of marketing and/or manufacturing type. You also have to invest at market by providing credit to chemist and stockiest.

Monthly Expenses:

Monthly expenses like Rent of Premises, Electricity bill, office expenses and other miscellaneous expenses depend at location and area. Some expenses like accountant/CA fee, quarterly sale tax return etc also will be added in your expenses.

Promotional Inputs:

Design of logo, company profile, product card, reminder card, catch cover, writing pads, visuals etc. Designing charges may vary printer to printer but most of printers do designing free of cost if you are printing all material from them.

Hope this article is helpful for you to calculate investment required for starting pharmaceutical company.

You can also read here about- how much you have to invest in third party manufacturing of your products?

You must read : Investment at Packing material of Each Dosage form also to prepare your complete budget.

We are also mentioning few queries related to Investment here for more elaboration. Hope you will get some help for these queries:

Query 1: I am a Doctor working in a reputed medical college. My wife is a gynecologist and she is in private sector. We want to start a pharma business of our own. What we want is that to have product packaging from reputed company and sell at our company name. Please guide us in following points. .
1. Starting budget is 12 to 15 lacs. Is it adequate?
2. Do we have to form a company to do that?
3. Where do we get quality manufacturer because we don’t want to comprise quality.
Please advice.

Response 1: You want to start pharma business and sell products from your name and thinking about starting your own Pharma marketing company.

  1. Starting budget is 12 to 15 lac. Is it adequate?

Starting budget depend upon number and type of products you want to get manufactured. Few products are costlier and few are cheaper in rates. The molecules and/or salts you want in your product list will affect your budget. For example, you are starting with 26 products and products are A, B, C etc. Your budget is depend upon rates of A to Z products.

If your products are costlier like Cefixime, Cefpodoxime, Cefuroxime , levofloxacin, Azithromycin etc then chances are you have to invest big amount. If you start with vitamins, ferrous combinations, nimusulide, paracetamol, ofloxacin etc then budget will be less. Above molecules are example purpose only, costing of products can depend upon circumstances.

12 to 15 lakhs is sufficient amount if you invest it wisely. We have seen person to start their own marketing company with amount as less as 1 Lakh.

You can start your company from 1 product or you can start with above 100 products or as number you want. We will recommend to start with lesser number of products and add new products gradually.

  1. Do we have to form a company to do that?

To work with your company name, you have to start your own marketing company. Read Procedure by clicking following link: How to start your own pharma marketing company

  1. Where do we get quality manufacturer because we don’t want to comprise quality?

Searching for Quality manufacturer is difficult task but you can find good quality manufacturer easily. You are doctor and prescribe medicines. You better know which product is good in quality and efficacy. Products which you are prescribing will have manufacturer address. Even multinational companies like pfizer, lupin, cadila, sun pharma, unichem, cipla are also get manufactured their products at third party or loan license basis. See the address of manufacturer on strip or box, you trust the most. You can easily find quality manufacturer address. Search for that manufacturer at internet and will get contact number easily. Contact them and ask them to manufacture your products.

Query 2:Estimate Budget for Pharmaceutical Marketing Company!!!

Query 3:How much cost required to set-up pharma marketing company office?

Query 4:I want to start my own pharma company with multivitamin, iron and calcium. Please send me the budget.

Query 5:How much cost required to set-up pharma marketing company office?

Query 6:What will be budget for pharma company, please guide us !!!

Query 7:I want to start a pharma company with two products

Query 8:I want to start pharma marketing company. I want to know of budget of starting business

If you want to know about estimated budget for your new marketing pharma company read here…

You will also need to find out price to retailer/price to stockist read here…

Hope you have found it useful…..

For any query and suggestion mail us at pharmafranchiseehelp@gmail.com

How to Start A Pharma Marketing Company in India? Procedure, documents, licenses, qualification etc

If you have experience in Pharmaceutical market and want to start your own pharma business then we are going to explain here about one of the best option i.e. Starting pharma marketing company. It could be best option for you. Worry about how to start your own pharmaceutical company! Here we are providing few quick steps that can help you during this process. Along with pharma marketing company, many other business opportunities is available in healthcare and pharma sector. Have a quick look at other business opportunities in Pharma Sector:

Every State of India has almost same form of formalities. Only minor requirement could vary state to state. You should first confirm to Drug Inspector office about starting pharma marketing company.

You can view this video for knowing how to start Pharmaceutical Marketing Company in Hindi audio where as content is in English.

Documentations and Licenses:

First three documents is must for starting. You need to get issued drug license number for whole sale, stock, purchase, sale, exhibition and distribution of drug. For Whole sale drug license number, you have to visit to your local drug control or drug inspector office. Goods and Service Tax identification number is issued by tax authorities.


Important Step:

  • Take Experience and/or training to start Pharmaceutical Marketing Company
  • Write a Business Plan
  • Choose Location of Business. Search for shop/building/premises for office, licenses and stock. It may be rented or owned but there should be adequate space as per government norm.
  • Finance Source (Own Saving, Bank Loan, Investment etc.)
  • Research and Prepare list of all molecule and combinations, you want to launch in market.
  • Finalize Company Name and Brand Names of all products. Be sure these don’t resemble to any other company or brand already working in Market. Due to presence of thousand of brands and companies, it become difficult to choose unique name but you should try your best. Already registered or in process Trade Name and Company Name you can search at http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx . Trade name in class 5 and Company name at class 35.
  • Company Registration under Company Act
  • Appointment of registered experience person or registered pharmacist as per norms. ( In case if you or any of partner are not EP or Pharmacist)
  • Wholesale Drug License Number Registration.
  • Registration of company under Goods and Service Tax
  • Finalized all vendors i.e. manufacturers, printer etc.

Procedure and Sequence: 

Along with applying for above registrations, you can move upward with following steps. Following work, you should finished before issuing registration certificates, so you can save your time and you can meet with your deadlines.

Now you have products with your own brand names and your company name. Have a quick look at documents required for particular registration and licenses:

Requirements for Company Registration:

  • DSC (Digital Signature Certificate)
  • DIN (Director Identification Number)
  • PAN (Permanent Account Number) Card
  • TAN (Tax Deduction and Collection Number)
  • Identity Proof (Electronic ID / Aadhar Card / Passport / Driving License)
  • Passport Photo
  • Address Proof (Bank Statement / Mobile Bill / Telephone)
  • Rent Agreement (Notarised: For rented property) or Ownership proof
  • Latest Electricity Bill
  • MOA(Memorandum Of Association) or/andAOA (Article Of Association)
  • NOC if required

Requirements for Drug License Number:

  • Local drug inspector/drug selling authority office can provide you full details of requirement for a whole sale license. Few we are describing here. Procedure and details for applying for D.L. number can be change according to government policies.
  • Application will be submitted in form no. 19 with other detailed information forms.
  • You or your partner (if any) should be a registered pharmacist or Experienced Person (Duly registered under local authorities) or competent person. If you don’t have any of above qualification than you can appoint or hire a registered pharmacist or EP (Experienced Person) and make him authorized to handle all work on your behalf ( Appointment letter will be submitted with application)
  • Premises size should have minimum of 10 square meter area (requirement of area may vary) and should have single premises.
  • Affidavits
  • Fees ( mode of fee and prescribed fee may vary)
  • Blue print or layout of Premises
  • Freeze purchase bill copy with complete address
  • Air Conditioner if applicable
  • Ownership or Rent agreement deed of premises.
  • Electricity bill of premises.
  • Affidavit of proprietor, partner, pharmacist, EP etc.
  • Firm registration receipt in case private limited firm. List of directors, address proof, article of association etc is also to submit with application form
  • Partnership deed if any
  • Any other documents as asked by local drug controller etc.

After submission of documents, inspection will be carried out by local drug authority for accuracy and correctness of detail submitted with the application. Drug authority reserves the right to approve or reject your application if not satisfy with application.

After issuing of drug license number for sale of drugs for which you have applied will be granted. List of licenses and forms you can check here. Now you are permitted to sale, purchase, or get manufactured drugs with your marketed by address.

Qualification and Eligibility for EP or competent person:

  • Person Should have one of the below qualification or eligibility to be EP or competent person:
  • Registered pharmacist under state pharmacy council or
  • Minimum one and half year experience at registered wholesale drug licensed firm after graduation and name is registered as EP at Drug Office or
  • Minimum four year experience as salesman in registered drug licensed firm after senior secondary examination and name is registered as EP at Drug Office.

Requirements for Goods and Service Tax Registration (GST):

GST is essential in India for doing any type of business/trading but below 20 lac annual turnover, there is no requirement of gst registration. GST registration is compulsory to obtain within 30 days after exceeding turnover above 20 lac. Unlike VAT, GST is valid in all states. It can be applied through portal provided by state government or center government. Here we are describing few most common requirements for Goods and Service Tax:

For applying for GST Registration, you can follow following Steps.

  • Go to www.gst.gov.in
  • There will be the two options: New User and Existing User
  • Click at New User
  • Enter your detail for apply GST
  • Enter you mobile number and Email Address of the authorized signatory of the business entity. This number and e-mail will be used for all future communication from the GST portal
  • You will receive a OTP at mobile number and e-mail id you entered in previous step
  • Enter this OTP.
  • After that follow all steps and enter information and scanned images as mentioned in Provisional registration form

Documents required for applying for GSTIN:

  • Digital Signature Certificate (Class II)
  • Address Proof of Business Entity
  • Proprietor/Partners/Directors Address Proof
  • Aadhaar Card, PAN and Image etc
  • Ownership Proof or Rent agreement
  • Partnership deed or memorandum of association/certificate of incorporation
  • Back Statement and Bank Detail

Read Related: Third Party Manufacturer for Ayurvedic, Pharmaceutical and Food Supplement Products

These are the steps for starting Pharma Marketing Company in India.

If you want to sell and purchase nutraceuticals or food supplement products along with pharmaceutical products, you have to get registration certificate from food and drug department issued by FSSAI.

Click below links to read procedure and documents required for next two registrations

If you have started the procedure for setting up above steps, mean while start art work and packing designing and other office decoration work, finalizing the vendors, trade mark of Company name, brand names etc. Issuing of D.L. no. and TIN takes nearly one months or less or depends upon many other factors.

Read Here: How can you establish your pharma company?

Different types of companies you can start with below procedure:

For any query and suggestion mail us at pharmafranchiseehelp@gmail.com

Related post:

How to Apply for A Trademark Registration?

We have studied in our previous articles about procedure and requirements to start pharmaceutical company , ayurvedic company and Food Supplement company. In this article we will discuss about trademark registration process, procedure, documents, requirements, difference between objection/opposed, advantage, FAQ and other related details.

In this article we will know about trademark registration.  Same procedure and requirement for Trademark is applied for all business including Pharmaceutical, Ayurvedic and Nutraceutical (food Supplement) Sector.

What is Trademark?

First we will know about Trademark. Trade mark is generally referred to a company name, brand/product name/service and/or logo of company and/or firm. A Trademark can be in form of visual symbol, word, numeral, name, device and/or lable etc which distinguish a business from others . For Example, Elzac Herbals along with sign is a Logo of Elzac Herbal India, An Ayurvedic Manufacturing Products Company. We can say Elzac Herbals is a Trade Mark.

If you are going to launch a company and/or a new product then it is advised to first go for trademark registration before launching.  Trademark registration is an intellectual property which protects against use of your trade/business name or trademark by others.

Trademark registration:

Trademark registration can be obtained for business name, brand name, logo, tagline or caption etc. Company Name and/or Products Brand Name can be registered under Controller General of Patents Designs and Trademarks. Trade Mark is valuable asset especially in case of pharma companies it worth more.

‘TM’ stands for ‘Trademark applied for’ where as ® symbol stands for the ‘Registered trademark’. Before apply for trade mark, Trade Mark search is highly recommended. This will give you indication of existing or applying trade marks. Go to the http://www.ipindia.nic.in/ site. Click at trade mark and you will be redirected to http://www.ipindia.nic.in/trade-marks.htm. Then click at public search. In new tab http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx will be opened. Change search type to phonetic or Wordmark. Enter your brand name or company name and class. For pharmaceutical and ayurvedic product’s name and manufacturing company, you can search in Class-5 and for trading/marketing company, search in class-35.

You can apply trade mark registration through amy legal firm or trade mark advocates those handle trade mark registration for your trade mark registration. For providing authorization, you have to sign power of attorney authorizing for particular brand name/company name trade mark registration.

Requirements for filling a trademark  registration application:

  • The name, address and Nationality of applicant/s. In case of Partnership firm, Name of all Partners. Soft copy of the Trade Mark to be registered.
  • List of goods/Services for which registration is required along with Class.
  • If the mark contains or consists of non-English words, a translation of those words into English is required.
  • Power of attorney simply signed by the applicant (In case of application filled by advocate and/or legal firm/agency).
  • Fees for registration. Govt. fee is approximate 4500/- per trade mark. Fees may change with any government policy update.
  • Proof for using particular name (like Invoice, Advertisement etc.)

Process Includes:

  • Trade Name and/or Logo. If you don’t have then choose a Unique Name and/or Logo.
  • Search for Trade Mark Availability as mentioned above
  • Select appropriate class from 45 Classes. (For Pharmaceutical, Ayurvedic and Nutraceuticals generally Class 5 and Class 35 is used.)
  • Application submission for Trade Mark registration. It takes 3 working days for trade mark department to issue Trade Mark application Number but it takes 1.5-2 years for Trade Mark registration if your application don’t receive any objection other wise it may take more time.
  • Advertising a trademark in government public gadget before acceptance for trademark registration. Objections and oppositions are invited by government from public before going in registration process.
  • Hearing before registrar if your trademark faces any objection.
  • Hearing before registrar if your trademark faces opposed.

Difference between Objection and Opposed:

Objection in trademark registration is something that a particular trademark and/or similar trademark or name may have being used by someone else. Objection may be raised by trademark department internally or any third person. Means there is uncertainty about trademark whether it may cause any harm to any other trademark owner or not if trademark registration is given to you or someone else. Objection may also be raised if trademark department is uncertain whether trademark applicant is using that trademark in actuality or not.  For clearing objection, proper proof and documents have been submitted before registrar at hearing date issued by trademark department.

Opposed in trademark registration is when a third party files application against giving registration of particular trademark to you or someone else. For clearing opposition, a legal case has been fight against opposed party for taking trade mark registration.

Advantage of Trademark Registration:

Legal Protection: Trademark registration provides legal protection against using your trade name and/or mark used by any other person, company or/and firm. No can use your trademark without your prior permission.

Brand Trust: Trademark Registration separates a trademark from others. Registered Brand makes an trusted impression at customer mind set. It builds a trust between trademark owner and his customer.

Popularization: If a trademark is registered then trademark owner is free to promote it at large level without fear of misuse and/or use by any other party.

Trademark Symbols:

Three types of Symbol is used for trademark purpose: ‘TM‘, ‘SM‘ and ‘R‘.

TM: Trade Mark applied for. This symbol is used for product when it is not registered but is applied for trademark registration.

SM: Service Mark applied for. This mark is used when trademark is applied for Service/s, not for product.

R: Registered. This mark is used when a trademark has been accepted for registration and registration license has been granted to trademark owner.

Frequently Asked Question about Trademark Registration:

How many types of Classes under Trade Mark Registry?

Ans: Trademark Registry has classified Trademark classes under 45 classes according to product and service type.

In which class Pharmaceutical, Cosmetic, Ayurvedic/Herbal and Food Supplements products/Services and Companies comes?

Ans: Pharmaceutical, Ayurvedic and Nutraceutical Products and preparations fall under class 5 where as companies fall under class 35.

What is the Duration of trademark Registration Certificate Validation?

Ans: A trademark registration is granted for 10 years but trademark licensee can renew it after every 10 year and use it for indefinite period.

When a applicant use symbol ‘TM’?

Ans: After getting trade mark registration number after submitting application, applicant can use symbol ‘TM’ but he/she can’t use ‘R’ symbol unless his/her trademark is received registration certificate.

If my company is registered under Company Act, Do I still need Trademark Registration?

Ans: Company registration under Company Act doesn’t cover or protect brand identity. For example, Your registered a company under company act with name ABCD Herbal private limited. In that case another person is free to register company with name ABCD Ayurvedic Private Limited but if you have trademark registration of ABCD then no one can use  ABCD for registration of company even under Company Act because Company Act also doesn’t allow to register a company with name that is trademark registered by other person.

Can I apply for Trademark Registration by own self?

Ans: You can apply by own self at trademark registry website. You will require class III digital signature for applying trademark registration online by own self.

What to confirm before applying a trademark through Advocates and Legal firms/Agencies?

Ans: Applying for Trademark registration is not a big thing. Most of online agencies and advocates lure customers by charging 1000 applying fees plus government fees. Most of them doesn’t cover ‘Objection‘ part in it. Almost of trademarks faces objection during registration process. So before applying through any advocates or/and legal firms first confirm whether they will handle objection or not during registration process. Otherwise you have to pay more money for clearing objection from your trademark registration process.

Read Here: How much investment is required to start pharma marketing company ?