NOC form Trademark Holder for Company name approval
Here’s a quick guide on why we need a NOC from a TM holder. Download format of NOC needed from the trademark owner. When applying for a company name approval, if the proposed name includes a trademark already registered or pending registration by someone else, a No Objection Certificate (NOC) from the trademark holder is often required. This is important for the following reasons:
1. Avoiding Legal Disputes
A trademark owner has exclusive rights to use the trademark in the classes in which it is registered. Using a trademarked name without permission can lead to legal disputes, including trademark infringement claims.
2. Compliance with MCA Guidelines
The Ministry of Corporate Affairs (MCA) has strict guidelines that prohibit the approval of company names that are identical or closely resemble existing trademarks unless explicit consent is provided by the trademark holder. An NOC serves as proof of this consent.
3. Smooth Approval Process
Providing an NOC at the time of the company name application helps avoid delays in the approval process. If the ROC finds that the proposed name conflicts with an existing trademark, they may reject the application or request an NOC, thereby extending the approval timeline.
4. Protection of the Brand
For the trademark owner, issuing an NOC ensures that their brand is being used in a manner that they approve of, and under agreeable terms. It also helps maintain control over the use of the trademarked name in the marketplace.
5. Avoiding Rejection or Future Objections
If a company name is approved without an NOC and the trademark owner later objects, it could lead to the name being challenged, resulting in possible rejection of the name by the ROC or legal action to change the company name.
Therefore, obtaining an NOC from the trademark holder before applying for company name approval with the ROC is a crucial step to ensure legal compliance, avoid potential disputes, and facilitate a smoother approval process.
Format of NOC from Trademark Owner /TM Holder
Date: [DD/MM/YYYY]
To,
The Registrar of Companies,
[Address of the ROC Office]
Ministry of Corporate Affairs,
Subject: No Objection Certificate for Use of Trademark [Trademark Name]
Dear Sir/Madam,
I, [TM holder Name], residing at [Owner’s Address], am the registered owner of the trademark [Trademark name], registered under Trademark Registration No. [TM Registration No.] in Class [TM Class].
I, hereby give my consent and No Objection to [Applicant’s Name], who is proposing to incorporate a company under the names [ABC PVT LTD] or [XYZ PVT LTD] to use the trademark “[Trademark Name]” as part of their company name.
Please note that this NOC is provided solely for the purpose of company name approval with the Registrar of Companies and does not authorize the applicant to use the trademark for any other purpose beyond the company name, nor does it transfer any ownership rights to the applicant.
I kindly request the Registrar of Companies to consider this NOC favorably and grant the necessary approval for the use of the said name.
Thank you.
Yours sincerely,
[Signature of the Trademark Owner]
[Name of Trademark Owner]
[Address]
[Contact Information]
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