Saving Mantra Blogs

Category: Blog

Your blog category

  • 35AC Registration in India: Step-by-Step Guide

    35AC Registration in India was a special approval granted to eligible NGOs and institutions to allow donors to claim 100% tax deduction on donations for notified social and economic welfare projects. Although new approvals under Section 35AC are discontinued, many people still search for clarity on its meaning, process, and current status. In this Saving Mantra guide, we explain what 35AC registration was, how it worked, and what alternatives NGOs should consider today.

    What is 35AC Registration?

    Section 35AC of the Income Tax Act, 1961 allowed donors to claim 100% deduction on donations made to projects approved by the National Committee for Promotion of Social and Economic Welfare. The benefit applied only to approved projects, not merely to registered NGOs.

    ⚠️ Important Update:
    The Government of India discontinued new approvals under Section 35AC from FY 2017–18 onwards. No new projects are approved under 35AC now.

    Purpose of 35AC Registration

    The objective of Section 35AC was to:

    • Promote social and economic welfare activities
    • Encourage corporate and individual donations
    • Support government-recognized development projects
    • Ensure transparent and monitored use of donated funds

    Who Was Eligible for 35AC Approval?

    Earlier, the following entities could apply:

    • Registered charitable trusts
    • Societies
    • Section 8 Companies
    • NGOs engaged in notified welfare activities

    Approval was project-specific, not organization-wide.

    Benefits of 35AC Registration (Earlier)

    • 100% tax deduction for donors
    • Increased credibility for NGOs
    • Higher corporate participation in social projects
    • Government recognition of welfare activities

    Step-by-Step Process of 35AC Registration (Earlier Process)

    Step 1: NGO Registration

    The organization had to be registered as a Trust, Society, or Section 8 Company.

    Step 2: Prepare Detailed Project Proposal

    A comprehensive project report was required, including:

    • Project objectives
    • Target beneficiaries
    • Implementation plan
    • Budget and funding requirement

    Step 3: Apply to National Committee

    The application was submitted to the National Committee under the Income Tax Department.

    Step 4: Scrutiny and Evaluation

    The committee evaluated the project’s social impact, feasibility, and compliance.

    Step 5: Grant of 35AC Approval

    Upon approval, the project was notified, and donors could claim 100% deduction.

    Documents Required for 35AC Registration (Earlier)

    • NGO registration certificate
    • Trust Deed / MOA & AOA
    • PAN Card
    • Audited financial statements
    • Detailed project report
    • Activity and impact reports

    Current Status of 35AC Registration in India

    • ❌ New 35AC approvals are not available
    • ❌ Donors cannot claim deduction under new 35AC projects
    • ✅ Existing approvals (granted earlier) were valid only till their notified period

    Alternatives to 35AC Registration for NGOs

    Since 35AC is discontinued, NGOs should consider:

    • 12A / 12AB Registration – Income tax exemption for NGO
    • 80G Registration – Tax deduction for donors
    • CSR funding under Companies Act
    • Government grants and schemes

    Why Choose Saving Mantra for NGO Tax Registrations?

    • Expert guidance on current tax laws
    • 12A / 12AB and 80G registration support
    • Clear advice on discontinued provisions like 35AC
    • Transparent and affordable pricing
    • End-to-end NGO compliance solutions

    Conclusion

    35AC Registration in India was a powerful tax incentive for donors and NGOs, but it is no longer available for new registrations. Understanding its history helps NGOs and donors make informed decisions and move towards current and valid alternatives like 12A and 80G registration. With Saving Mantra, NGOs receive accurate, up-to-date, and compliant guidance for sustainable growth.

    Disclaimer

    This blog is for informational purposes only and does not constitute legal or tax advice. Section 35AC approvals have been discontinued for new projects, and tax laws are subject to change. Readers are advised to consult qualified professionals before making any decisions related to NGO taxation or donor benefits.

  • Apply for 12A Registration in India: Step-by-Step

    12A Registration in India is essential for trusts, NGOs, societies, and Section 8 companies that want income tax exemption on their surplus or income. Without 12A registration, a non-profit organization is taxed like a normal entity. In this Saving Mantra guide, we explain what 12A registration is and the step-by-step process to apply for 12A in India, along with eligibility, documents, and compliance requirements.

    What is 12A Registration?

    12A Registration (now governed under Section 12AB of the Income Tax Act, 1961) allows charitable and non-profit organizations to claim exemption from income tax on income applied towards charitable or religious purposes.

    Once approved, the organization does not need to pay income tax on its surplus income, subject to compliance with applicable conditions.

    Who Can Apply for 12A Registration?

    • Charitable Trusts
    • Registered Societies
    • Section 8 Companies
    • NGOs engaged in charitable, educational, religious, or social welfare activities

    Benefits of 12A Registration

    • Income tax exemption on surplus income
    • More funds available for charitable activities
    • Increased credibility with donors and authorities
    • Mandatory for availing 80G benefits later
    • Long-term financial sustainability for NGOs

    Step-by-Step Process to Apply for 12A Registration in India

    Step 1: Ensure NGO is Properly Registered

    The organization must be registered as a Trust, Society, or Section 8 Company before applying for 12A.

    Step 2: Check Applicability of 12AB

    As per current rules, new and existing NGOs must apply under Section 12AB, which replaces earlier 12A provisions.

    Step 3: Prepare Required Documents

    Keep incorporation documents, activity details, and financial statements ready.

    Step 4: File Online Application (Form 10A / 10AB)

    Submit Form 10A (for provisional registration) or Form 10AB (for regular registration) on the Income Tax portal.

    Step 5: Submit Details of Activities

    Provide details of charitable objects and activities carried out or proposed to be carried out.

    Step 6: Verification by Income Tax Department

    The department may seek additional information or clarification regarding activities or documents.

    Step 7: Grant of 12A (12AB) Registration Certificate

    Upon satisfaction, the Income Tax Department issues the 12AB Registration Certificate.

    Documents Required for 12A Registration

    • Trust Deed / MOA & AOA / Society Rules
    • PAN Card of NGO
    • Registration Certificate
    • Address proof
    • Details of trustees/directors
    • Activity report (if existing NGO)
    • Financial statements (if applicable)

    Validity of 12A Registration

    • Provisional registration: Valid for 3 years
    • Regular registration: Valid for 5 years
    • Renewal must be applied before expiry

    Post 12A Registration Compliance

    • File Income Tax Return every year
    • Apply income only for charitable purposes
    • Maintain proper books of accounts
    • Avoid activities prohibited under Income Tax Act

    Difference Between 12A and 80G Registration

    • 12A: Tax exemption for NGO
    • 80G: Tax deduction benefit for donors
      Both registrations are important for NGOs.

    Why Choose Saving Mantra for 12A Registration?

    • Expert guidance on 12AB compliance
    • Accurate documentation and filing
    • Transparent and affordable pricing
    • Quick response to department queries
    • End-to-end NGO tax compliance support

    Conclusion

    Applying for 12A Registration in India is a crucial step for NGOs to achieve tax exemption and financial efficiency. By following the correct step-by-step 12A application process, organizations can legally maximize funds for social impact. Saving Mantra ensures a smooth, compliant, and hassle-free 12A registration experience.

    Disclaimer

    The information provided in this blog is for general informational purposes only and does not constitute legal, tax, or professional advice. Provisions related to 12A/12AB registration may change as per Income Tax laws and notifications. Readers are advised to consult qualified professionals before applying for 12A registration or taking related decisions.

  • Copyright Registration in India: Step-by-Step Guide

    Copyright Registration in India is a legal process that protects original creative works such as literary content, music, artwork, software, films, and photographs from unauthorized use or duplication. Governed by the Copyright Act, 1957, copyright gives creators exclusive rights over their work. In this Saving Mantra guide, we explain what copyright registration is and provide a step-by-step process for Copyright Registration in India in a simple and practical manner.

    What is Copyright?

    Copyright is an intellectual property right granted to the creator of an original work. It protects the expression of ideas, not the ideas themselves. Once registered, the owner gets exclusive rights to reproduce, distribute, publish, perform, or license the work.

    Types of Works Protected Under Copyright

    • Literary works (books, blogs, articles, software code)
    • Artistic works (logos, drawings, paintings, photographs)
    • Musical works (music compositions, lyrics)
    • Cinematographic films
    • Sound recordings

    Who Can Apply for Copyright Registration?

    • Authors and creators
    • Artists, designers, and photographers
    • Software developers and IT companies
    • Publishers and production houses
    • Businesses owning original creative content

    Benefits of Copyright Registration

    • Legal ownership proof of creative work
    • Protection against unauthorized copying or misuse
    • Right to take legal action against infringement
    • Commercial benefits through licensing or assignment
    • Enhances brand and content value

    Step-by-Step Process for Copyright Registration in India

    Step 1: Identify the Type of Work

    Determine whether the work is literary, artistic, musical, software-related, or cinematographic.

    Step 2: Prepare the Copyright Application

    Prepare details such as:

    • Title and description of the work
    • Name and address of the author
    • Date and place of creation
    • Details of the applicant (owner)

    Step 3: File Copyright Application

    Submit the copyright application online along with prescribed government fees.

    Step 4: Diary Number Issuance

    After filing, a Diary Number is issued as acknowledgment of the application.

    Step 5: 30-Day Waiting Period

    A mandatory 30-day waiting period is provided for objections from the public.

    Step 6: Examination by Copyright Office

    If no objection is received, the application is examined by the Copyright Office.
    If objections are raised, a hearing may be conducted.

    Step 7: Issue of Copyright Registration Certificate

    Upon successful verification, the Copyright Registration Certificate is issued.

    Documents Required for Copyright Registration

    • Copy of the original work
    • Identity proof of author/applicant
    • Address proof
    • NOC from publisher (if applicable)
    • Power of Attorney (if filed through agent)

    Time Taken for Copyright Registration

    Copyright registration generally takes 2 to 6 months, depending on objections and verification.

    Validity of Copyright in India

    • Literary, artistic, musical works: Lifetime of author + 60 years
    • Films and sound recordings: 60 years from publication

    Penalty for Copyright Infringement

    Copyright infringement may result in civil damages, injunctions, and criminal penalties, including fines and imprisonment.

    Why Choose Saving Mantra for Copyright Registration?

    • Expert evaluation of copyright eligibility
    • Accurate application filing
    • Transparent and affordable pricing
    • Support in objection handling
    • End-to-end intellectual property assistance

    Conclusion

    Copyright Registration in India is a crucial step to safeguard original creative works and intellectual property. By following the correct step-by-step copyright registration process, creators and businesses can protect their rights and monetize their content legally. Saving Mantra ensures a smooth, compliant, and hassle-free copyright registration experience.

    Disclaimer

    The information provided in this blog is for general informational purposes only and does not constitute legal or professional advice. Copyright laws, procedures, and timelines may change from time to time. Readers are advised to consult qualified professionals before taking any action related to copyright registration or enforcement.

  • Trademark Renewal in India: Step-by-Step Guide

    Trademark Renewal in India is essential to continue enjoying exclusive legal rights over your registered brand name, logo, or slogan. A registered trademark is valid for 10 years, after which it must be renewed to remain enforceable under the Trade Marks Act, 1999. In this Saving Mantra guide, we explain what trademark renewal is and provide a step-by-step process for Trademark Renewal in India.

    What is Trademark Renewal?

    Trademark renewal is the legal process of extending the protection of a registered trademark for another 10 years by paying the prescribed renewal fee to the Trademark Registry. Without renewal, the trademark may be removed from the register.

    When Should a Trademark Be Renewed?

    • Trademark can be renewed within 6 months before expiry
    • It can also be renewed within 6 months after expiry with late fees
    • Failure to renew may lead to removal of trademark from the register

    Benefits of Trademark Renewal

    • Continuous legal protection of brand
    • Retains exclusive ownership rights
    • Prevents misuse or infringement
    • Maintains brand value and goodwill
    • Avoids re-registration hassles

    Step-by-Step Process for Trademark Renewal in India

    Step 1: Check Trademark Expiry Date

    Verify the expiry date of your trademark using the trademark application or registration number.

    Step 2: Prepare Renewal Application

    Prepare the trademark renewal application with correct owner details and trademark information.

    Step 3: File Renewal Application

    Submit the renewal application online with the Trademark Registry along with the prescribed government fee.

    Step 4: Examination by Trademark Office

    The Trademark Registry examines the application to ensure completeness and correctness.

    Step 5: Trademark Journal Publication (If Required)

    In some cases, the renewal is published in the Trademark Journal.

    Step 6: Issue of Trademark Renewal Certificate

    Upon approval, the trademark is renewed for another 10 years, and the renewal certificate is issued.

    Documents Required for Trademark Renewal

    • Trademark registration certificate
    • Copy of trademark application number
    • Power of Attorney (if filed by agent)

    Late Trademark Renewal and Restoration

    • Trademark can be renewed within 6 months after expiry with late fee
    • If removed, it can be restored within 1 year from expiry by filing restoration application
    • Restoration involves higher fees and additional procedures

    Consequences of Not Renewing Trademark

    • Loss of exclusive rights
    • Increased risk of infringement
    • Removal from trademark register
    • Need to file a fresh trademark application

    Trademark Renewal Fees in India

    Trademark renewal fees depend on the applicant type and mode of filing (online/offline).

    Why Choose Saving Mantra for Trademark Renewal?

    • Timely reminders and expert handling
    • Error-free filing and fast processing
    • Transparent and affordable pricing
    • Support for late renewal and restoration
    • End-to-end trademark management

    Conclusion

    Trademark Renewal in India is crucial to protect your brand identity and legal rights without interruption. By following the correct step-by-step trademark renewal process, businesses can ensure long-term brand protection. Saving Mantra provides reliable, professional, and hassle-free trademark renewal services.

    Disclaimer

    The information provided in this blog is for general informational purposes only and does not constitute legal or professional advice. Trademark laws, renewal fees, and procedures may change over time. Readers are advised to consult qualified trademark professionals before taking any trademark-related action.

  • Trademark Opposition in India: Meaning & Process

    Trademark Opposition in India is a legal mechanism that allows any person to object to the registration of a trademark after it is published in the Trademark Journal. This safeguard ensures that no trademark is registered if it infringes existing rights, is misleading, or violates trademark law. In this Saving Mantra guide, we explain what trademark opposition is, when it can be filed, valid grounds, and how the process works.

    What is Trademark Opposition?

    A Trademark Opposition is a formal objection filed by a third party against a trademark application after publication but before registration. It is governed by the Trade Marks Act, 1999, and helps protect earlier trademarks and public interest.

    When Can Trademark Opposition Be Filed?

    Trademark opposition can be filed within 4 months from the date the trademark is advertised in the Trademark Journal.

    Who Can File Trademark Opposition?

    • Owners of earlier registered or applied trademarks
    • Any person or business likely to be affected
    • Consumers or members of the public
    • Companies, LLPs, partnerships, or individuals

    (The opponent does not need to be a registered trademark owner to file opposition.)

    Grounds for Trademark Opposition in India

    Trademark opposition may be filed on several grounds, including:

    • Trademark is identical or deceptively similar to an existing mark
    • Lack of distinctiveness or descriptive nature
    • Trademark is misleading or confusing to the public
    • Bad faith or dishonest adoption
    • Use of prohibited or restricted words/symbols
    • Violation of provisions of the Trade Marks Act, 1999

    Trademark Opposition vs Trademark Objection

    • Trademark Objection: Raised by the Trademark Examiner during examination
    • Trademark Opposition: Filed by a third party after publication in the journal

    Step-by-Step Trademark Opposition Process in India

    Step 1: Monitor Trademark Journal

    Regularly check the Trademark Journal to identify conflicting trademarks.

    Step 2: File Notice of Opposition

    Submit a Notice of Opposition with grounds and evidence within the prescribed time.

    Step 3: Counter Statement by Applicant

    The applicant must file a Counter Statement within 2 months of receiving the opposition notice.

    Step 4: Evidence Submission

    Both parties submit evidence in support of their claims within stipulated timelines.

    Step 5: Hearing Before Registrar

    A hearing may be conducted where both parties present arguments.

    Step 6: Decision by Trademark Registrar

    The Registrar passes an order either allowing or rejecting the opposition.

    Documents Required for Trademark Opposition

    • Details of opposing trademark
    • Grounds of opposition
    • Evidence of prior use or reputation
    • Authorization document (if filed by agent)

    Consequences of Trademark Opposition

    • If opposition succeeds: Trademark application is rejected
    • If opposition fails: Trademark proceeds to registration

    Importance of Trademark Opposition

    • Protects existing brand rights
    • Prevents consumer confusion
    • Stops misuse or dilution of brand identity
    • Ensures fair competition in the market

    Why Choose Saving Mantra for Trademark Opposition Services?

    • Expert evaluation of opposition grounds
    • Professional drafting of notices and replies
    • Representation in hearings
    • Transparent and affordable pricing
    • Complete trademark lifecycle support

    Conclusion

    Trademark Opposition in India is a powerful legal tool to protect brand identity and prevent wrongful trademark registrations. Timely action and proper legal drafting are crucial for success. With Saving Mantra, you get expert assistance to file or defend trademark opposition effectively and compliantly.

    Disclaimer

    This content is for informational purposes only and does not constitute legal or professional advice. Trademark laws, timelines, and procedures may change. Readers are advised to consult qualified trademark professionals or legal experts before filing or responding to a trademark opposition.

  • Trademark Objection in India: Meaning & Process

    Trademark Objection in India is a common stage in the trademark registration process where the Trademark Examiner raises concerns regarding an application. Receiving an objection does not mean rejection—it simply requires a proper reply with legal justification and supporting evidence. In this Saving Mantra guide, we explain what trademark objection is, why it occurs, and how to handle it effectively.

    What is a Trademark Objection?

    A Trademark Objection is an official query or concern raised by the Trademark Examiner during the examination of a trademark application under the Trade Marks Act, 1999. The objection is communicated through an Examination Report, and the applicant must respond within the prescribed time to proceed with registration.

    When is a Trademark Objection Raised?

    Trademark objection is raised during the examination stage after filing the trademark application and before publication in the Trademark Journal.

    Common Reasons for Trademark Objection

    1. Lack of Distinctiveness

    The proposed trademark is generic, descriptive, or lacks uniqueness.

    2. Similarity with Existing Trademark

    The trademark is identical or deceptively similar to an existing registered or applied trademark.

    3. Incorrect Trademark Class

    The goods or services are not properly classified.

    4. Use of Prohibited or Misleading Words

    Use of restricted words, geographical names, or offensive content.

    5. Incomplete or Incorrect Application Details

    Errors in applicant details, address, or trademark representation.

    Is Trademark Objection the Same as Trademark Opposition?

    No. A Trademark Objection is raised by the examiner, whereas Trademark Opposition is filed by a third party after the trademark is published in the journal.

    How to Reply to a Trademark Objection?

    Step 1: Review the Examination Report

    Understand the specific legal grounds cited under the Trade Marks Act.

    Step 2: Prepare a Written Reply

    Draft a detailed reply explaining why the trademark is registrable, supported by facts and legal precedents.

    Step 3: Submit Reply Within Time

    File the objection reply within 30 days from the date of examination report.

    Step 4: Attend Hearing (If Required)

    If the examiner is not satisfied, a hearing may be scheduled for further clarification.

    Documents Required for Trademark Objection Reply

    • Copy of trademark application
    • Examination report
    • Proof of prior use (if applicable)
    • Authorization letter (if filed by agent)

    Consequences of Not Replying to Trademark Objection

    • Application may be marked “Abandoned”
    • Loss of application fee and priority date
    • Need to file a fresh trademark application

    Importance of Professional Handling of Objection

    • Increases chances of trademark approval
    • Avoids unnecessary rejection
    • Protects brand identity and investment
    • Ensures legal compliance

    Why Choose Saving Mantra for Trademark Objection Reply?

    • Expert legal analysis of objection grounds
    • Professionally drafted replies
    • Support in hearings before trademark authority
    • Transparent pricing
    • End-to-end trademark lifecycle support

    Conclusion

    Trademark Objection is a routine yet critical step in the trademark registration process. A well-drafted and timely response can successfully overcome objections and move the application towards registration. With Saving Mantra, you receive expert guidance to handle trademark objections confidently and compliantly.

    Disclaimer

    This blog is for informational purposes only and does not constitute legal or professional advice. Trademark laws and procedures are subject to change. Readers are advised to consult qualified trademark professionals before responding to any trademark objection.

  • Trademark Rectification in India: Meaning & Process

    Trademark Rectification in India is a legal process used to correct, modify, or remove errors in the Trademark Register maintained by the Trademark Registry. Over time, mistakes in trademark details, wrongful entries, or changes in ownership may arise. Trademark rectification helps ensure that the trademark register remains accurate, lawful, and up to date. In this Saving Mantra guide, we explain what trademark rectification is, why it is required, and how it works.

    What is Trademark Rectification?

    Trademark Rectification refers to the process of correcting or cancelling an existing trademark entry in the Trademark Register under the Trade Marks Act, 1999. Rectification can be initiated by the trademark owner or any aggrieved party if the trademark has been wrongly registered or contains errors.

    When is Trademark Rectification Required?

    Trademark rectification may be required in the following situations:

    • Errors in trademark owner’s name or address
    • Incorrect trademark class or description
    • Changes in ownership not updated in records
    • Trademark registered without sufficient cause
    • Trademark wrongly remaining on the register
    • Violation of conditions imposed during registration

    Grounds for Trademark Rectification in India

    Trademark rectification can be filed on grounds such as:

    • Clerical or typographical errors in the register
    • Non-use of trademark for a continuous period
    • Wrongful registration affecting rights of others
    • Misrepresentation or fraud at the time of registration
    • Failure to comply with statutory requirements

    Who Can File for Trademark Rectification?

    • Registered trademark owner
    • Any person aggrieved by the registered trademark
    • Legal heirs or assignees of trademark owner
    • Businesses affected by incorrect trademark entries

    Types of Trademark Rectification

    1. Correction of Errors

    Used to correct clerical mistakes such as spelling errors, address changes, or incorrect descriptions.

    2. Removal of Trademark

    Used when a trademark is wrongly registered, unused, or violates trademark laws.

    Trademark Rectification Process in India (Overview)

    Step 1: Identify the Error or Ground

    Determine the nature of mistake or legal ground for rectification.

    Step 2: File Rectification Application

    Submit a rectification application with the Trademark Registry along with supporting documents.

    Step 3: Examination by Trademark Authority

    The Registrar examines the application and may seek clarification.

    Step 4: Notice to Opposite Party

    If filed by a third party, notice is sent to the trademark owner.

    Step 5: Hearing (If Required)

    A hearing may be scheduled before passing an order.

    Step 6: Rectification or Removal

    If satisfied, the Registrar orders correction or removal of the trademark from the register.

    Documents Required for Trademark Rectification

    • Trademark registration certificate
    • Proof of error or supporting evidence
    • Affidavit (if required)
    • Authorization document (if filed by agent)

    Importance of Trademark Rectification

    • Maintains accuracy of trademark records
    • Protects brand identity and legal rights
    • Prevents misuse of trademark
    • Avoids future legal disputes
    • Ensures compliance with trademark laws

    Why Choose Saving Mantra for Trademark Rectification?

    • Expert analysis of rectification grounds
    • Accurate drafting and filing of applications
    • Support in hearings and objections
    • Transparent and affordable pricing
    • End-to-end trademark compliance assistance

    Conclusion

    Trademark Rectification in India is a vital legal remedy to correct mistakes or remove wrongful entries from the Trademark Register. Whether you are a trademark owner or an affected party, timely rectification helps safeguard brand rights and maintain legal clarity. With Saving Mantra, trademark rectification becomes a smooth, compliant, and professionally managed process.

    Disclaimer

    This blog is intended for informational purposes only and does not constitute legal or professional advice. Trademark laws, procedures, and interpretations may change over time. Readers are advised to consult qualified trademark professionals or legal experts before taking any action related to trademark rectification.

  • Trademark Registration in India: Step-by-Step Guide

    Trademark Registration in India is essential for protecting your brand name, logo, slogan, or symbol from unauthorized use. A registered trademark gives exclusive rights and legal protection under the Trade Marks Act, 1999. In this Saving Mantra guide, we explain what trademark registration is and provide a step-by-step process for Trademark Registration in India to help businesses secure their brand identity.

    What is a Trademark?

    A trademark is a unique sign, word, logo, symbol, design, or combination that distinguishes the goods or services of one business from others. Once registered, it becomes an intellectual property asset of the owner.

    Who Can Apply for Trademark Registration?

    • Individuals and sole proprietors
    • Partnership firms and LLPs
    • Private Limited and Public Limited Companies
    • Startups and MSMEs
    • NGOs and Trusts

    Benefits of Trademark Registration

    • Exclusive ownership of brand name or logo
    • Legal protection against infringement
    • Builds brand value and customer trust
    • Enables use of ® symbol after registration
    • Helps in licensing and franchising
    • Strong asset for business valuation

    Step-by-Step Process for Trademark Registration in India

    Step 1: Trademark Search

    Conduct a trademark search to ensure the proposed name or logo is unique and not already registered or applied for.

    Step 2: Identify Correct Trademark Class

    Select the appropriate trademark class (out of 45 classes) based on the nature of goods or services.

    Step 3: Prepare Trademark Application

    Prepare the application with details such as:

    • Applicant name and address
    • Trademark name/logo
    • Nature of business
    • Class of goods or services
    • Date of first use (if applicable)

    Step 4: File Trademark Application

    File the trademark application online with the Trademark Registry and receive an application number.

    Step 5: Examination by Trademark Office

    The trademark officer examines the application and may raise an examination report or objections.

    Step 6: Reply to Examination Report

    If objections are raised, submit a written reply within the prescribed time to avoid rejection.

    Step 7: Trademark Publication

    Once accepted, the trademark is published in the Trademark Journal for public opposition.

    Step 8: Trademark Registration Certificate

    If no opposition is filed (or opposition is resolved), the Trademark Registration Certificate is issued.

    Documents Required for Trademark Registration

    • PAN Card of applicant
    • Aadhaar Card / address proof
    • Logo (if applicable)
    • Business registration proof (optional)
    • Power of Attorney (TM-48)

    Trademark Registration Timeline

    • Application filing & acknowledgment: 1–2 days
    • Examination & publication: 3–6 months
    • Final registration: 6–12 months (approx.)

    Validity and Renewal of Trademark

    • Trademark is valid for 10 years
    • Can be renewed every 10 years indefinitely

    Penalty for Trademark Infringement

    Using a registered trademark without authorization can lead to legal action, monetary penalties, and injunctions.

    Why Choose Saving Mantra for Trademark Registration?

    • Expert trademark search and classification
    • Error-free application filing
    • Transparent and affordable pricing
    • Support for objections and oppositions
    • End-to-end trademark lifecycle assistance

    Conclusion

    Trademark Registration in India is a crucial step in building and protecting your brand identity. By following the correct step-by-step trademark registration process, businesses can secure exclusive rights and long-term brand value. Saving Mantra makes trademark registration simple, compliant, and hassle-free.

    Disclaimer

    The information provided in this blog is for general informational purposes only and does not constitute legal or professional advice. Trademark laws, fees, and procedures may change from time to time. Readers are advised to consult qualified professionals before taking any trademark-related decisions.

  • One Person Company Registration in India: Guide

    One Person Company (OPC) Registration in India is an excellent option for solo entrepreneurs who want the benefits of a corporate structure with full control over business operations. Introduced under the Companies Act, 2013, an OPC allows a single individual to own and manage a company with limited liability and a separate legal identity. In this Saving Mantra guide, we explain what an OPC is and the step-by-step process for One Person Company Registration in India.

    What is a One Person Company (OPC)?

    A One Person Company is a type of private company that can be formed with only one member and one director (same person). It combines the simplicity of a sole proprietorship with the advantages of a private limited company.

    Key Features of OPC

    • Single owner with full control
    • Separate legal entity
    • Limited liability protection
    • Perpetual succession through nominee
    • Lesser compliance compared to private limited company

    Eligibility Criteria for OPC Registration

    • Only Indian citizens and residents can form OPC
    • Minimum age: 18 years
    • One person can incorporate only one OPC
    • Nominee is mandatory

    Benefits of OPC Registration in India

    • Complete control over business decisions
    • Protection of personal assets
    • Higher credibility with banks and clients
    • Easy access to funding
    • Simple incorporation and management

    Step-by-Step Process for One Person Company Registration in India

    Step 1: Obtain Digital Signature Certificate (DSC)

    The promoter must obtain a Digital Signature Certificate (DSC) to sign electronic forms on the MCA portal.

    Step 2: Apply for Director Identification Number (DIN)

    Apply for DIN for the sole director if not already allotted.

    Step 3: Name Reservation

    Apply for name approval through the MCA portal. The name must be unique and compliant with naming guidelines.

    Step 4: Choose Nominee

    Appoint a nominee who will become the member of the OPC in case of death or incapacity of the owner.

    Step 5: Draft MOA and AOA

    Prepare the Memorandum of Association (MOA) and Articles of Association (AOA) specifying business objectives and rules.

    Step 6: File Incorporation Application

    Submit the incorporation forms along with required documents and declarations on the MCA portal.

    Step 7: Certificate of Incorporation

    After verification, the Certificate of Incorporation is issued, and the OPC is legally registered.

    Documents Required for OPC Registration

    For Owner and Nominee:

    • PAN Card
    • Aadhaar Card / Passport
    • Address proof
    • Passport-size photograph

    For Registered Office:

    • Electricity bill / utility bill
    • Rent agreement or ownership proof
    • NOC from property owner

    Post OPC Registration Compliance

    • Annual filing with MCA
    • Income Tax Return filing
    • Maintenance of basic statutory records
    • Conversion to Private Limited Company if turnover exceeds prescribed limits

    Conversion of OPC into Private Limited Company

    OPC must be converted into a Private Limited Company if:

    • Paid-up capital exceeds ₹50 lakh, or
    • Average annual turnover exceeds ₹2 crore

    Why Choose Saving Mantra for OPC Registration?

    • Expert-guided OPC incorporation
    • Accurate documentation and filings
    • Transparent and affordable pricing
    • Quick turnaround time
    • Ongoing compliance support

    Conclusion

    One Person Company Registration in India is a smart choice for solo entrepreneurs seeking credibility, control, and limited liability. By following the correct step-by-step OPC registration process, you can start your business on a strong legal foundation. Saving Mantra ensures a smooth, compliant, and hassle-free OPC registration experience.

    Disclaimer

    The information provided in this blog is for general informational purposes only and does not constitute legal, tax, or professional advice. OPC rules, limits, and compliance requirements may change from time to time. Readers are advised to consult qualified professionals before making any business or legal decisions.

  • Section 8 Company Registration in India: Guide

    Section 8 Company Registration in India is ideal for individuals or organizations aiming to work for charitable, social, educational, religious, or non-profit objectives. Section 8 Companies are governed by the Companies Act, 2013 and are known for higher credibility and structured governance compared to trusts and societies. In this Saving Mantra guide, we explain what a Section 8 Company is and the step-by-step process for Section 8 Company Registration in India.

    What is a Section 8 Company?

    A Section 8 Company is a non-profit organization formed to promote commerce, education, social welfare, charity, environment protection, or similar objectives. Profits, if any, are reinvested in the organization’s objectives and not distributed as dividends to members.

    Key Features of Section 8 Company

    • Separate legal entity
    • Limited liability of members
    • No minimum capital requirement
    • Higher trust and credibility
    • Eligible for government grants and CSR funding

    Benefits of Section 8 Company Registration

    • Legal recognition as a non-profit organization
    • Higher credibility with donors and government bodies
    • Eligibility for CSR funding
    • Tax benefits under Income Tax Act (after approvals)
    • Perpetual succession
    • Structured management framework

    Step-by-Step Process for Section 8 Company Registration in India

    Step 1: Obtain Digital Signature Certificate (DSC)

    All proposed directors must obtain a Digital Signature Certificate (DSC) to file online forms.

    Step 2: Apply for Director Identification Number (DIN)

    Apply for DIN for directors who do not already have one.

    Step 3: Name Reservation

    Apply for name approval with the MCA. The name should reflect the non-profit objective and comply with naming guidelines.

    Step 4: Draft MOA and AOA

    Prepare the Memorandum of Association (MOA) and Articles of Association (AOA) clearly stating charitable objectives.

    Step 5: Apply for Section 8 License

    Submit application for Section 8 License to the Registrar of Companies (ROC) along with declarations and documents.

    Step 6: Incorporation Filing

    File incorporation forms with MCA after approval of the Section 8 license.

    Step 7: Certificate of Incorporation

    Upon approval, the Certificate of Incorporation is issued, and the Section 8 Company is legally formed.

    Minimum Requirements for Section 8 Company

    • Minimum 2 directors (Private Limited) or 3 directors (Public Limited)
    • At least 2 members
    • Indian resident director required
    • Charitable or non-profit objectives

    Documents Required for Section 8 Company Registration

    For Directors/Members:

    • PAN Card
    • Aadhaar Card / Passport
    • Address proof
    • Passport-size photograph

    For Registered Office:

    • Utility bill (electricity/water)
    • Rent agreement or ownership proof
    • NOC from property owner

    Post Registration Compliance

    • Annual filing with MCA
    • Maintenance of statutory registers
    • Income Tax Return filing
    • Apply for 12A and 80G registrations for tax benefits
    • Conduct board meetings and maintain records

    Why Choose Saving Mantra for Section 8 Company Registration?

    • Expert guidance on non-profit structuring
    • Accurate drafting of MOA and AOA
    • Transparent and affordable pricing
    • Quick and compliant incorporation
    • Ongoing compliance and advisory support

    Conclusion

    Section 8 Company Registration in India is the most structured and credible way to start a non-profit organization. By following the correct step-by-step Section 8 Company registration process, organizations can operate legally, attract funding, and create a lasting social impact. Saving Mantra ensures a smooth, compliant, and professional registration experience.

    Disclaimer

    The information provided in this blog is for general informational purposes only and does not constitute legal, tax, or professional advice. Laws, rules, and procedures related to Section 8 Companies may change from time to time. Readers are advised to consult qualified professionals before making any decisions related to incorporation or compliance.