Sachin (Student) (42 Points)
05 March 2016I have applied for company name using INC-1 and Roc has rejected my first priority but approved and allotted name which was my second priority. But I don't want that name and wish to file another INC-1 with Roc. Is there any violation of Act? Can I file INC-1 twice? Will i get refund on previous form? The name which i given is no way similar to any registered company in Roc. Why they reject that name? How can i get my first priority?
prakash
(Company Secretary)
(1352 Points)
Replied 07 March 2016
If you give more than one name in Form INC-1 in order of preference, it means that you are ok/fine with names and ROC will grant the name based on availability . you could have not given the other names, Now, you cannot get the refund for form INC-1 since ROC have already reserved name, when you don't want the name, you should not have given the other names, in that case ROC/CRC might have sent form for resubmission, you might have opportunity of applying other names without further payment.
You can apply name once again, it will not amount to any violation, But You may or may not get the name, ROC might have given the name in first instance if it was availble, some trade mark might have been Registered.
You might have avoided filing one more form INC-1 and paying addition Rs. 1000/-, if you have applied form with names desired by you.
prakash
(Company Secretary)
(1352 Points)
Replied 07 March 2016
If you give more than one name in Form INC-1 in order of preference, it means that you are ok/fine with names and ROC will grant the name based on availability . you could have not given the other names, Now, you cannot get the refund for form INC-1 since ROC have already reserved name, when you don't want the name, you should not have given the other names, in that case ROC/CRC might have sent form for resubmission, you might have opportunity of applying other names without further payment.
You can apply name once again, it will not amount to any violation, But You may or may not get the name, ROC might have given the name in first instance if it was availble, some trade mark might have been Registered.
You might have avoided filing one more form INC-1 and paying addition Rs. 1000/-, if you have applied form with names desired by you.
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