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From: To: Cc: Subject: Date: Attachments:

Gigi Joseph K J roc.delhi@mca.gov.in binoy@bgassociates.in User Clarification - B18042572 - BRANDROGEN SERVICES PRIVATE LIMITED 13 August 2011 11:01:37 Email ROC & Others.pdf Email Minister.pdf

Dear Sir We are writing on behalf of our client in connection with the incorporation of the company filed vide SRN B18042572 It seems that the document is marked for clarification with below commends As per new guidelines No..9(iv), if the name is only a general one like cotton Textile Mills Ltd. and not specific like Calcutta Cotton Textiles Mills Ltd. the same shall not be allowed whereas the same has been approved in STP mode. please clarify/explain as to why general name has been taken through STP mode Form 67 (Addendum) should be filed by 11/09/2011 failing which the eForm shall be treated as invalid and shall not be taken on record. (Please refer Regulation 17 of the Companies Regulation, 1956) The name BRANDROGEN SERVICES PRIVATE LIMITED was approved by us on the following basis: 1. The approved name satisfies the Para 1 of the NAME AVAILABILITY GUIDELINES, 2011, which is the cardinal philosophy under the revised guidelines There is no company registered / company name approved in India with similar name There is no LLP Registered in India / LLP name approved with similar Name. There is no trademark registered in India with the name and the applicant has filed a Trademark application with the name.

2. Para 9(iv) interalia states the following: Further, if the name is only a general one like Cotton Textile Mills Ltd., or Silk Manufacturing Ltd., and not specific like Calcutta Cotton Textiles Mills Limited or Lakshmi Silk Manufacturing Company Limited, the same shall not be allowed revised name guidelines. Viz; What is general name under Para 9(iv) is like I am going Private Limited but not I am going Delhi Private Limited or IAMGOING Private Limited (which is a coined word). In this connection, we would like to clarify that the name BRANDROGEN is derived from BRAND from Brand which is noun and ROGEN is a female name which is a noun. As per the new name guideline, we can even approve the name as BRANDROGEN PRIVATE LIMITED. But, the client need to indicate his company is into services. Hence the approved name is not a general name and complies the revised

guidelines Also in the rule of general interpretation of law, the primary point need to be considered is time when in the law or rules is created and in intension of creation. The old version of name guidelines and interoperation was created during license raj during 50s and 60s. It is evidenced from the ministries circular and present name circular that, the name approval need liberal approach and main point need to be in mind while approving the name is that the same shall not undesirable as per the new guidelines. The name we approved under the provisions of companies act, 1956, read with Name Guidelines, 2011 are in order.

Inthisconnectionweinviteyourattentiontotheprecedenceofasimilarsituation raisedbyanotherROCandfindingsofMCA.
We have approved another name ENTERPRISEFORCEPRIVATELIMITED-Registrar of Companies, Ahmedabad and the document marked for clarification The name of the company seems to be too general which is one of the reason required clarification. We have submitted our clarification to Hon. Minister of Corporate Affairs, Secretary, RD and other officers stating that it was a coined word (both are noun and trademark application ) and name approved are in line with the guidelines. Ministryacceptedourclarification and incorporated the company with above name vide CIN U74900GJ2011PTC066717 on 10th August, 2011. So, it is very clear that a coined word is not a general word. Moreover, the matter pending for trademark, it is a clear case for name under Para 1. Our submissions to the Honourable Minister, Honourable Secretary, Regional Director (NWR) and the ROC Ahmedabad are attached to this mail for your kind information. Taking into account of above facts, we request you good office to consider the application and incorporate the company as the name approved by us are in line with new guidelines and also supported by the precedence in the MCA. This clarification mail and all supporting are attached to the Form 67 and submitted to you for needful action. Regards Gigi Joseph K J Partner BG & Associates CompanySecretaries #463,10thMain,13thCross,WilsonGarden,Bangalore560027 Tel:+918041207989 Mobile:+919900998111

E-Mail:gigi@bgassociates.in

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