Counsel

No, you cannot trademark a generic name by adding any prefix to it. it will be rejected from the trademark authorities.

Broadly, the name has three components:

• Unique component: This is the prime name of your company. It should be unique, not already been trademarked, and should not contain phrases and words that are blacklisted by the RBI. Even if a name meets the these criteria, the RoC might reject the name application on grounds of it being similar to already existing names.
• Description of business: There should be a word or phrase which follow the Unique Component of the name which describes or indicates the main business of the Company. Some of the popular descriptive words are Technology/ies, Internet of Things, Chemicals, Builders, etc. The words bank, exchange and stock exchange, unless approved by RBI or SEBI, would also be rejected.
• Suffix: A Private Limited Company should Compulsorily have a Suffix Private Limited (Pvt. Ltd.). A Limited Liability Partnership Firm will have a suffix LLP and an One Person Company will have a suffix (OPC) Private Limited

Things to keep in mind while selecting the unique component of the name:

• It must be short and simple: The name must be concise and not be too long. People should be able to say it easily and they should be able to recollect your company’s name the first time they read it or hear it
• It must be meaningful: The name of the company should be related to the business. It must fit the company’s branding.
• It must be unique: The name of the company mustn’t be the same or identical to an already existing company or a trademark. One must preferably avoid the plural version

Yes, relaxation is provided, if anyone Non-Resident Director has not fulfilled

the minimum residency in India for a period of at least 182 days under Section

149(3) which shall not be treated as a non-compliance for the financial year

2019-20 as a relief measure extended for COVID-19 Outbreak.

There are few basic rules that needs to be followed while converting the LLP to Private Limited Companies.

1. The LLP Must have Minimum 7 Partners
2. Approval of all 7 partners is required.
3. Advertisement in the news paper needs to be published (Local and National)
4. NOC is required from the RoC (Registrar of companies)

Once the above requirements are met. the following process needs to be followed for the conversion

1. Name Approval - Name approval for the new private limited company has to be obtained from the ROC.
2. Getting the DSC and DIN for the Directors - The 7 future directors of the company must obtain the DSC and DIN number’
3. Filing form URC-1 - once the name is approved and the DSC and DIN numbers are obtained URC-1 needs to be filed with the required documents.
4. Drafting and Filing of MoA and AoA - Once the URC-1 is filed, MoA and AoA needs to be drafted and filed with the ROC.

If you need any help regarding the conversion and Process write to us at enquire@wazzeer.com