RD-1 form rejected

My question is if an RD-1 form is rejected by the Regional Director under Section 16 of the Companies Act, is there any remedy left for the applicant? 

Replies (1)

If an RD-1 form filed under Section 16 of the Companies Act is rejected by the Regional Director, the available remedies depend on the nature of the rejection:

  1. For Technical Rejections: If rejected due to documentation or portal errors, file a fresh Form RD-1 on the MCA V3 portal, provided you are still within the 3-year statutory limitation period (for trademark owners).

  2. For Merit-Based Rejections: Since the Companies Act does not provide an internal appellate route to the NCLT for Section 16 orders, the primary remedy is to file a Writ Petition under Article 226 of the Constitution before the jurisdictional High Court to challenge the RD’s order.

  3. Civil Suit: If the issue involves deeply contested trademark rights, file a civil suit for infringement or passing off in a competent civil court to obtain a judicial injunction.

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