I have been visited

Tuesday, February 10, 2015

INDEPENDENT DIRECTOR UNDER COMPANIES ACT, 2013


With the Introduction of New Companies Act, 2013 the makeshift of Indian Corporate world is taking place. The issues which were ignored under old law are getting emphasized. In the broader sense, if we see the change in Law, there is genuine feeling that government wants to make Companies i.e. Entities formed and governed under Companies act, a self-governing and disciplined body. One of the key element and initiative in this regard is Independent Director.

From the Surface of the Act it is understandable that the role of shareholders have increased so as role of professionals and mainly that of Company Secretaries, who are instrumental in catering corporates with their experience and Expertise.


Independent Directors are expected to play role of a torch light for development and maintenance of Corporate Governance in a Company. For listed Company, he is statutorily a very important person. He is expected to act as scrutinizer, who will ensure adequate measurements placed for proper disclosures in financial reporting of the Company and maintenance of high standards of internal auditing.   

INDEPENDENT DIRECTOR AS PER LISTING AGREEMENT

Clause 49 of listing agreement provided for the appointment of independent director, accordingly the Board of directors of the company shall have an optimum combination of executive and non-executive directors with not less than fifty percent of the board of directors comprising of non-executive directors.

Where the Chairman of the Board is a non-executive director, at least one-third of the Board should comprise of independent directors and in case he is an executive director, at least half of the Board should comprise of independent directors.

Provided that where the non-executive Chairman is a promoter of the company or is related to any promoter or person occupying management positions at the Board level or at one level below the Board, at least one-half of the Board of the company shall consist of independent directors.   

As per listing agreement Independent Director is defined as a non-executive director of the company who:

  1. apart from receiving director’s remuneration, does not have any material pecuniary relationships or transactions with the company, its promoters, its directors, its senior management or its holding company, its subsidiaries and associates which may affect independence of the director;
  2. is not related to promoters or persons occupying management positions at the board level or at one level below the board;
  3. has not been an executive of the company in the immediately preceding three financial years;
  4. is not a partner or an executive or was not partner or an executive during the preceding three years, of any of the following: i. the statutory audit firm or the internal audit firm that is associated with the company, and ii. the legal firm(s) and consulting firm(s) that have a material association with the company.
  5. is not a material supplier, service provider or customer or a lessor or lessee of the company, which may affect independence of the director;
  6. is not a substantial shareholder of the company i.e. owning two percent or more of the block of voting shares. g. is not less than 21 years of age

INDEPENDENT DIRECTOR AS PER COMPANIES ACT, 2013

Subsection (6) of Section 149 of the Companies Act, 2013 provided that  

An independent director in relation to a company, means a director other than a managing director or a whole-time director or a nominee director,

(a)   Who, in the opinion of the Board, is a person of integrity and possesses relevant expertise and experience;
(b)   (i) who is or was not a promoter of the company or its holding, subsidiary or associate company;
(ii) Who is not related to promoters or directors in the company, its holding, subsidiary or associate company;
(c)   who has or had no pecuniary relationship with the company, its holding, subsidiary or associate company, or their promoters, or directors, during the two immediately preceding financial years or during the current financial year;
(d)   None of whose relatives has or had pecuniary relationship or transaction with the company, its holding, subsidiary or associate company, or their promoters, or directors, amounting to two per cent. or more of its gross turnover or total income or fifty lakh rupees or such higher amount as may be prescribed, whichever is lower, during the two immediately preceding financial years or during the current financial year;
(e)   Who, neither himself nor any of his relatives—
(i) Holds or has held the position of a key managerial personnel or is or has been employee of the company or its holding, subsidiary or associate company in any of the three financial years immediately preceding the financial year in which he is proposed to be appointed;
(ii) is or has been an employee or proprietor or a partner, in any of the three financial years immediately preceding the financial year in which he is proposed to be appointed, of—
(A) a firm of auditors or company secretaries in practice or cost auditors of the company or its holding, subsidiary or associate company; or
(B) any legal or a consulting firm that has or had any transaction with the company, its holding, subsidiary or associate company amounting to ten per cent. or more of the gross turnover of such firm;
(iii) holds together with his relatives two per cent. or more of the total voting power of the company; or
(iv) is a Chief Executive or director, by whatever name called, of any nonprofit organization that receives twenty-five per cent or more of its receipts from the company, any of its promoters, directors or its holding, subsidiary or associate company or that holds two per cent. or more of the total voting power of the company; or
(f)    Who possesses such other qualifications as may be prescribed.

(7) Every independent director shall at the first meeting of the Board in which he participates as a director and thereafter at the first meeting of the Board in every financial year or whenever there is any change in the circumstances which may affect his status as an independent director, give a declaration that he meets the criteria of independence as provided in sub-section (6).

APPOINTMENT OF INDEPENDENT DIRECTOR

Independent Director shall be appointed as per provisions of Section 152 of the Companies Act, 2013. Accordingly the appointment of Independent Director shall be nominated by Director of the Company in the General meeting of the Members. Along with the notice of Meeting the Directors must annex explanatory statement clarifying that the person proposed to act as Independent Director possesses all requisite skills, qualifications and fulfills requirements of Companies Act and also how the appointment of that person justifies.

According to section 150 (1) of the Act, independent directors may be selected from a data bank of eligible and willing persons maintained by the agency (Any body, institute or association as may be authorized by Central Government). Such agency shall put data bank of independent directors on the website of Ministry of Corporate Affairs or any other notified website. Company must exercise due diligence before selecting a person from the data bank referred to above, as an independent director.

Further as per rule 6 (2) data bank of the independent director must contain following information of the Director

(a)   DIN (Director Identification Number);
(b)   Name and surname in full;
(c)   Income-tax PAN;
(d)   Father’s/Mother;s/ Spouse’s name( if married) ;
(e)   Date of Birth;
(f)    Gender;
(g)   Nationality;
(h)   Occupation;
(i)     Full Address with PIN Code (present and permanent)
(j)     Phone number;
(k)   E-mail id;
(l)     Educational and professional qualifications;
(m)  Experience / expertise, if any;
(n)   Any legal proceedings initiated or pending against such person;
(o)   List of limited liability partnerships in which he is or was a designated partner along with Name of the LLP, Nature of Industry; and Duration- with dates;
(p)   List of companies in which he is or was director along with Name of the company; Nature of industry; Nature of directorship – Executive / Non-executive / Independent / Nominee Director; and Duration – with dates.
  
However the onus of checking all credentials is always placed with the Company taking Independent Director. Neither data bank nor central government are in any way responsible for correctness of data.

 CODE OF CONDUCT FOR INDEPENDENT DIRECTOR

Independent Director is entrusted with fiduciary duty of keeping a hawk eye over functioning of management of Affairs of the Company. After introduction of new Companies Act, 2013 a proper code of Conduct is designed for independent directors working as part of Board. This code of conduct is provided in Schedule IV of Companies Act, 2013. The guideline, that is stipulated for Independent Director wants the Independent Director to ensure that;

(1)   Uphold ethical standards of integrity and probity;
(2)   Act objectively and constructively while exercising his duties;
(3)   Exercise his responsibilities in a bona fide manner in the interest of the company;
(4)   Devote sufficient time and attention to his professional obligations for informed and balanced decision making;
(5)   Not allow any extraneous considerations that will vitiate his exercise of objective independent judgment in the paramount interest of the company as a whole, while concurring in or dissenting from the collective judgment of the Board in its decision making;
(6)   Not abuse his position to the detriment of the company or its shareholders or for the purpose of gaining direct or indirect personal advantage or advantage for any associated person;
(7)   Refrain from any action that would lead to loss of his independence;
(8)   Where circumstances arise which make an independent director lose his independence, the independent director must immediately inform the Board accordingly;
(9)   Assist the company in implementing the best corporate governance practices.

LIABILITY OF INDEPENDENT DIRECTOR

The Independent Director is not liable or rather responsible for day to day operations and business of the Company. They are expected to exercise independence while performing their role as independent director of the Company and therefore it is expected them to stay away from actual regular course or functioning of Business. 

The onus of Independent Director is that of keeping a check on Compliance aspect of the Company and ensuring that the Company is not engaged in fraudulent activities. And if Company is engaged in such activities, ensure that the respective person is duly reported and exposed.

Post Satyam fraud many independent directors have resigned as Independent Director just to avoid any kind of liability. In recent times SEBI too has taken some stringent actions against Independent Directors who have not performed their role as Independent Director and have been activly involved in mismanagement and willful false statements about affairs of the Company.  

Friday, April 12, 2013

COMPOUNDING OR CONDONING DELAY UNDER SECTION 141 AT OFFICE OF REGIONAL DIRECTOR

Pursuant to notification issued by Central Government in official Gazette dated 10.07.2012, some of the powers under Companies Act, 1956 have been delegated to Regional Director. Some of the major powers are Shifting of Registered office of the Company from one state to another under section 17, Rectification of the name of a company under section 22, Rectification by central government of register of charges under section 141 for registration of charge, Approval of Contracts under section 297 (1) etc. The list is provided in the notification attached herewith. 

Most common section for which we need to refer to this circular from practicing Company Secretary's point of view is section 141 i.e Rectification by central government of register of charges under section 141 of creation/modification or satisfaction of charges. 

According to Section 125 of Companies Act, 1956 every charge, creation, modification & satisfaction thereof needs to be registered with Registrar of Companies under whose jurisdiction Company is registered in e form No. 8 

The time given for registration is 30 days from the date on which charge is created or modified. The Company can also file charge with the delay of 30 more days with payment of additional fees. However in case of registration of satisfaction of charges the benefit of additional time is not available and we need to file form 17 for satisfaction of charge within 30 days only, from the date on which the Company has paid off entire loan amount and loan account is closed by the bank. The Computation of 30 days usually starts from the date on which Company receives the due clearance letter from the Bank. 

When the Company fails to file form 8 or 10 or 17 respectively we need to get the delay condoned as per provisions of section 141 of Companies Act, 1956  by making application to Regional Director. Earlier this power was vested in Company Law Board, but now pursuant to notification issued by central government in official gazette on 10.07.2012 this power is delegated to Regional Director. 

For this purpose the Company needs to file form no. 24AAA. In this form Company needs to attach following Documents;

1. Scanned Copy of Petition 
2. Memorandum of Appearance
3. Copy of Challan for Form 8/10/17
4. Affidavit from Director to verify the petition.
5. CTC of Board Resolution, authorizing director to make petition. 

Once the Form is filed the Regional Director will approve the form if everything is in order and ask the Company to pay additional fees by issuing order for condoning delay. 

Once the Additional Fees is paid the Company needs to file form 21 for filing order of Regional Director with Registrar of Companies within 60 days from the date of issue of order by Regional Director. 

Following is the format of Petition for condoning delay with Regional Director. 


"Annexure 'E'
"FORM 1
(See rule 6B, 6C and 6D)

[Form for filing petitions to the Central Government (Regional Director)
(pursuant to section 17, 141 and 188 of the Companies Act, 1956)]

BEFORE THE REGIONAL DIRECTOR, MUMBAI

IN THE MATTER OF THE COMPANIES ACT, 1956, SECTION 141
IN THE MATTER OF (Name of Company)

(Company registered under the Companies Act, 1956 and it registered office ____________)

(Petitioner)
Versus

REGISTRAR OF COMPANIES, (Name and Address)
(Respondent)


01.
DETAILS OF PETITION

Basic Details of the Company
02.
Particulars of the petitioner(s) (need not be stated where company is the petitioner) (Name, description, father's /husband's name, occupation, capacity, i.e. qua shareholder, qua depositor and address of the petitioner(s). 
03.
Particulars of respondent(s) need not be stated where company is the respondent) (Name, description, father's /husband's name, occupation, capacity, i.e. qua shareholder, qua depositor and address of the petitioner(s). 
04.
JURISDICTION OF THE REGIONAL DIRECTOR/ REGISTRAR OF COMPANIES
The petitioner declares that the subject matter of the petition is within the jurisdiction of the Regional Director, Mumbai.
05.
LIMITATION
The petitioner further declares that the petition is within the limitation laid down in Section 141of the Companies Act, 1956.
06.
Contentions of the Petitions 
07.
MATTERS NOT PREVIOUSLY FILED OR PENDING WITH ANY OTHER COURT.
The petitioner further declares that it had not previously filed any application, writ petition or suit regarding the matter in respect of which this petition has been made, before any court of law or any other authority or any other Bench or the Board and not any such application, writ petition or suit is pending before any of them.
08.
RELIEF(S) SOUGHT.
In view of the facts mentioned in Para 6 above, the petitioner prays for the following relief(s):


09.
Interim order, if any, prayed for. Pending final decision on the petition, the petitioner seeks issue of the following interim order:
(Give here the nature of the interim order prayed for with  reasons)
NOT APPLICABLE



10.
LIST OF ENCLOSURES
(See rule 6 F )




For (NAME OF COMPANY)





     (DIRECTOR)


   

Monday, April 8, 2013

INVESTORS EDUCATION AND PROTECTION FUND

INTRODUCTION: 

While Policymakers must make rules and regulations for fair play and equal opportunities, the real onus lies with the investors for it's optimum utilization and therefore Investor education  is at core heart of healthy market  One of the key challenges to the securities market regulators in India is protection and education of investors and making them aware about market, Corporate  different investment avenues, their merits and illegal transactions. The role of Market regulators is not only to protect the investors but also to provide them platform where, they can understand the grievances and remedies available to them.

The Investors Education and Protection Fund (Awareness and protection of Investors) Rules, 2001 and Section 205 C of Companies Act, 1956 provides for the establishment of Investors Education and Protection Fund. 

Fund shall comprise of following amounts: 
  • Amounts in unpaid dividend account.
  • Application Money received due for Refund.
  • Matured Deposits with Company.
  • Matured Debentures with Company.
  • Interest accrued on above
  • Grants of Govt. given to fund
  • Amount of interest Income on investment of fund.
Provided that the amounts mentioned in first 4 above shall not be credited by the Company to IEPF, unless and until the same has remained unclaimed and unpaid for a period of 7 years from the date on which they become due for payment to investors. Company need to make payment and furnish details of the same in form 1 of Investors education and protection fund.

ANNUAL COMPLIANCE: 

The Companies who have outstanding amounts as specified in section 205 C of Companies act, 1956 are required to file a statement of the details in that regard in e Form No. 5 INV within 90 days from the Conclusion of Annual General Meeting.

After Filing form 5 INV we need to file excel file containing details of Investors of the Company within 14 days of Challan date of form 5 INV. Following details to be given in the excel file.


  1. Investor First Name
  2. Investor Middle Name.
  3. Investor Last Name
  4. Father/Husband First Name
  5. Father/Husband Second Name
  6. Father/Husband Last Name
  7. Address
  8. Country
  9. State
  10. District.
  11. Pin code.
  12. Folio Number
  13. Investment Type
COMMITTEE FOR ADMINISTRATION OF FUND:

Pursuant to Rule 7 of The Investors Education and Protection Fund (Awareness and protection of Investors) Rules, 2001, committee has been established for the purpose of administration of fund and it's application for the purposes set forth in the rules. Some of the major area of work for IEPF is;


  1. The Committee shall recommend the following activities relating to investors’ education, awareness and protection:
  2. Education Programs through Media;
  3. Organizing Seminars and Symposia;
  4. Proposals for registration of Voluntary Associations or Institution or other Organizations engaged in investor Education and protection activities;
  5. Proposals for projects for Investors Education and Protection including research activities and proposals for financing such projects;
  6. Coordinating with institutions engaged in Investor Education, awareness, and protection activities.The Committee may also be entrusted with such other functions for carrying out the objects for which the Fund has been established.
  7. The Committee may appoint one or more sub-committees whenever it considers necessary to facilitate efficient and speedy discharge of its functions. 
  8. Sub-committee shall be constituted from amongst the members.
  9. The Chairperson of the Committee may nominate any one of the members of the sub-committee as its convenor and where no such nomination has been made, the members of the sub-committee elect a convenor amongst themselves.
  10. The Committee may have Sub-Committee to examine the end use of grants and assistance and recommend release of funds.  
The Committee shall meet and decide from time to time about various aspects of Investor's Awareness. The Committee shall also be eligible to register various associations and institutions who are engaged in holding investor's awareness program and taking other initiatives with respect to investor's education. 

For the purpose of registration applicants need to file form 3 along with other particulars as required. Whereas Application for release of funds for the activities listed in Rule 7(i) from the organizations or Institutes registered with the Department of Company Affairs shall be made in Form 4. 


A copy of the summary or recommendations of the seminar or program conducted and copy of Accounts for such activity by such organisation e.g. registered associations or chambers of commerce or institutes shall be provided to the Committee within ten days of the conclusion of the seminar or program.

There have been many initiatives on the part of SEBI and other regulatory authorities in this regard for protection and promotion of Investors rights. Wise investors are the requirement of healthy securities market. Online systems and optimum disclosures are other initiatives in this regard, however, the ultimate person for optimum utilization of this facilities will remain the investor himself. 


Tuesday, October 9, 2012

COPYRIGHT REGISTRATION IN INDIA



WHAT IS MEANING OF COPYRIGHT?

Copyright according to Section 14 of Copyright Act, 1957 is basically a exclusive right as to do or authorize the doing of any acts as specified follows;

(a) in the case of a literary, dramatic or musical work, not being a computer programme,—

(i) to reproduce the work in any material form including the storing of it in any medium by   electronic means;
(ii) to issue copies of the work to the public not being copies already in circulation;
(iii) to perform the work in public, or communicate it to the public;
(iv) to make any cinematograph film or sound recording in respect of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of the work;
(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);

(b) in the case of a computer programme,—

(i) to do any of the acts specified in clause (a);
(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme:

Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.]

(c) in the case of an artistic work,—

(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;
(ii) to communicate the work to the public;
(iii) to issue copies of the work to the public not being copies already in circulation;
(iv) to include the work in any cinematograph film;
(v) to make any adaptation of the work;
(vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv);

(d) in the case of a cinematograph film,—

(i) to make a copy of the film including a photograph of any image forming part thereof;
(ii) to sell or give on hire or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions;
(iii) to communicate the film to the public;

(e) in the case of a sound recording,—

(i) to make any other sound recording embodying it;
(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording, regardless of whether such copy has been sold or given on hire on earlier occasions;
(iii) to communicate the sound recording to the public.

Thus from lay man's view, a copyright essentially refers to either utilize the work for the benefit of the author himself either by way of re-producing, copying, dubbing in sound form, converting it in video form or installing or issuing to public or adoption of the same in any other audio or video or any other form. 

Copyright is very important category of Intellectual property and hence protection of the same is very important in order to secure the right of the author i.e. the person who creates the work. Copyright can subsist on any kind of intellectual work i.e. book, musical work, choreography, artistic work, painting, artbook, song, story, Computer programs, software etc. thus Copyright is nothing but bundle of rights. 

IS COPYRIGHT REGISTRATION MANDATORY? 

Copyright registration is absolutely not necessary. A author get the Copyright over a subject material as soon as the work comes into existence. There is no need of formality of copyright in order to create your claim w.r.t. that work. 

IF NO, THEN WHY REGISTRATION ?

When we register the work and get Certificate of Registration for the work under copyright, it is a conclusive proof of Copyright in the name of author and plays a very vital role in court if needed. Otherwise the author will have to fight hard just to prove, that the work belongs to him. Certificate of registration and entries made by the registrar in their record is a very strong and prima facie evidence in the hands of author to prove his title, whenever the dispute arises about the ownership. 

Thus, even though though the Copyright registration is not mandatory, we must recommend registration of the same for the sake of protection of the author or developer of the work. 

WHO IS OWNER OF THE COPYRIGHT?

According to section 17, a author of the work is the first owner of the work, however the rule has got some exceptions. Accordingly, work done on behalf of employer, as intern or apprentice of newspaper, for government or for or on behalf of any third person etc. In all such events the author is not the owner of the work. 

If you are working on behalf of a Employer, then you are not owner of the work, but your employer is the owner of the work. 

Similarly, if any work is developed by you on behalf of government, then government is the owner of that work. 

WHAT IS DURATION OF COPYRIGHT?

The protection under Copyright Act differs from type of work and author, accordingly following is the term of different copyrights;
  1. In Case of literary, Dramatic, Musical or artistic work - Sixty years from the beginning of the calender year next following the year in which author dies.  
  2. In case of anonymous or pseudonymous work - Sixty years from the beginning of the calender year next following the year in which work is first published 
  3. In case of posthumous work - Sixty years from the beginning of the calender year next following the year in which work is first published or in case if any adaption of such work is published earlier, then beginning of following calender year followed by year of publication.
  4. In case of photograph - Sixty years from the beginning of the calender year next following the year in which photograph is first published
  5. In case of cinematographic films - Sixty years from the beginning of the calender year next following the year in which film is first published 
  6. In case of sound recording - Sixty years from the beginning of the calender year next following the year in which sound recording is first published    
  7. Inc case of government work - Sixty years from the beginning of the calender year next following the year in which work is first published    
  8. Term of Copyright for International Organisations - Sixty years from the beginning of the calender year next following the year in which work is first published. 

Thus duration differs from type of author and work. Accordingly protection is secured for author. There is no renewal of Copyright. 

WHAT IS PROCEDURE FOR REGISTRATION?



This work flow is a master pies available of government portal which elaborates in detail the process for registration of a Copyright. This is precisely the procedure followed for registration of Copyright in India. 

Even though according to the the time schedule above, the process should complete by 2-3 months, in reality it take little more than a year or sometime 2 years. 

Philosophy and need behind Copyright

Society when developing, many people with amazing intellect are contributing for it's growth. These people in turn needs to be protected and cherished, because unless they are not protected, they will be afraid to come up and show their knowledge or findings or ideas. 

Everyone should be rewarded for his intellect. And at the same time everyone else should be prohibited from misusing or infringing the right of the Copyright owner, as unless this minimum protection is ensured, there will be no incentive for the authors to toil hard and produce wonderful and valuable works. 

Hence Copyright act is there. Its main objective is to protect the work and prevent the infringement against bonafide authors.   


NOTE: Image of work flow is from website for copyright of government of India. 

    




Tuesday, October 2, 2012

CLASSES FOR REGISTRATION OF TRADEMARK IN INDIA


In India trademark is registered in 45 classes according to Fourth Schedule to the Trade Mark Rule, 2002. The Classification is mainly based on two broad categories i.e. Manufacturer and Service Provider. First 34 Classes i.e. 1 - 34 are for Manufacturer whereas Class No. 35 - 45 are for various services. 

Following are the Classes as per Trade Mark Rules. 

         FOR MANUFACTURER

  1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastic; manure; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuff; tanning substances; adhesive used in Industry.

2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colourants  mordants  raw natural resins; metals in foil and powder form for painters; decorators; printers and artists

3. Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices.

4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminant; candles, wicks.

5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides.

6. Common metals and their alloys; metal building material; transportable buildings of  metal for railway tracks; non electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal but not included in other classes; ores


7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs

8.  Hand tools and implements (hand-operated); cutlery; side arms; razors.

9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus.

10. Surgical, medical, dental and veterinary apparatus and instruments,  artificial limbs, eyes and teeth; orthopaedic articles; suture materials.

11.Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes.

12. Vehicles; apparatus for locomotion by land, air or water.

13. Firearms; ammunition and projectiles; explosives; fire works

14.Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments.

15. Musical instruments.

16. Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks

17.  Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.

18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddler.

19. Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

20. Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics.

21. Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steel wool  non worked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.

22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials

23. Yarns and threads, for textile use

24. Textiles and textile goods, not included in other classes; bed and table covers.

25.  Clothing, footwear, headgear.

26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

28. Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees

29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.

30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice

31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.

32. Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit  drinks and fruit juices; syrups and other preparations for making beverages

33. Alcoholic beverages(except beers)

34. Tobacco, smokers' articles, matches

FOR SERVICE PROVIDERS 

35. Advertising, business management, business administration, office functions.

36. Insurance, financial affairs; monetary affairs; real estate affairs.

37. Building construction; repair; installation services.

38. Telecommunications.

39. Transport; packaging and storage of goods; travel arrangement.

40. Treatment of materials.

41. Education; providing of training; entertainment; sporting and cultural activities.

42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

43. Services for providing food and drink; temporary accommodation.

44. Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

45. Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.  

At the time of filing we have to select the class under which our product or service falls. The Fees is charged on the basis of per class, hence in case of multiple classes we need to pay that much fees.

Parts of an article or appartus are, in general classified with the actual article or appartus, except wheresuch parts constitute articles included in other classes

In case of Confusion, reference can be made to the Registrar of Trademarks. Applicant can prepare the trademark application with the class detail confirmed by the Registrar.