• Registration and Licence

Dear Sir/ Madam, 

I have a registered LLP firm dealing in Pharmaceutical API and Chemicals from past 3 years. I intend to start a cosmetic brand under the same company. Can any one advice on what registration is needed? I intend to get the cosmetic manufactured at a third party factory/laboratory in my own brand name. Can I get the brand name example ABC Cosmetics and Trademark registered under my existing company? The cost and time involved for such registration?
Asked 4 years ago in Intellectual Property

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

14 Answers

Yes, you can able to registered under the Drugs and Cosmetics Act, 1940 and Company Act. Plus for third party manufacture there are certain form that's need to be filled by Manufacturer and his Licensee copy needs to attached. whether he has licensee to produce such cosmetic product which you want to do marketing under your brand name. Cost will be same to pay government fees only legal fees will be vary. Time frame 2-3 months.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

you need to obtain licence from FDA( Food and Drugs Administration ) for hand made cosmetics . the said Licences have also to be approved by Central Licensing Approving Authority i.e. Drug Controller General of India.

2) the layout plan for manufacturing cosmetics has to be approved by the authorities

3)the plan should be as per the requirements prescribed for manufacturing premises in the Drugs and Cosmetics Act 1940

4) The plan is scrutinized by panel of officers as per the requirements of the Drugs and Cosmetics Act 1940.

5) If necessary the premises is inspected by the concerned Inspector before plan Approval.

6) Finally after scrutiny and compliance as per requirements of the Act the layout plan is approved and two copies are given to the Applicant.

7) you would also need licence under shops and establishment act of your state

 

 

8)

Documents to be attached along with the application form:

Receipt for the fees paid or challan, (the fees are as given in Appendix A) as the case may be or their attested copies.

Copy of Approved layout plan of the manufacturing area.

Documents viz. Rent receipt, purchase documents or its attested copies showing lawful possession of the premises

List of machinery and equipments.

Documents relating to the constitution of the firm viz. Partnership-deed, memorandum and article of association etc.

Full particulars of the competent technical staff employed for manufacturing and testing of drugs and cosmetics along with copies of their educational qualifications and experience certificates approval letter as competent staff. The competent technical staff is required to furnish consent letter for full time employment with the applicant firm.

List of Drugs Cosmetics in triplicate along-with undertaking to be submitted.

In case, the application is for the products covered under Schedule C and C (I) category, then the details of stability data is required.

If the products are covered under ‘Patent and Proprietary’ definition, then the two copies of methods of Analysis of the products be supplied.

Full name of the proprietor or the partners, as the case may be shall be provided in the application. In case of private or public limited concerns, full name of the Directors who sign the application and the authorized signatory, if any, shall be provided in the application .

Ajay Sethi
Advocate, Mumbai
96943 Answers
7822 Consultations

You can register the said trade mark in your existing company as separate trade mark

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

For using the same brand name for your cosmetic line of business you will have to take a fresh search of the name under which you are currently using.

This search is mandatory so that your cosmetic line is noto sued in the future for using same brand name.

The whole registration and search process is online so anything between 15 to 20 days is required.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

Dear Sir,

You are suggested to have the registration regarding the trade mark, patenting and concerned medical license to the effect that the product is good and not having any adverse effect on the skin etc. You can have any brand name of your choice an the cost  and time of certification/licensing will be different for different things such as trade mark, medical certification etc.    

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

As per the Drug and Cosmetics Act, The following licenses are required for cosmetic product manufacturing & market in India 

1. The License on form 32 is issued for manufacture or sale distribute of cosmetics.

2. The License on form 32-A is issued for loan license for manufacture or sale distribute of cosmetics.

3. License on form 37 is issued for the grant or renewal of approval for carrying out tests on drugs/cosmetics or     raw material used in the manufacturing. 

- Further, cosmetic products are regulated by the Central Drugs Standard Control Organisation in India. 

- Further, Licence from Food and Drugs Administration is required for hand made cosmetics 

Mohammed Shahzad
Advocate, Delhi
14515 Answers
221 Consultations

Yes your existing company will do.

Need some licenses from drungs department 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Can I get the brand name example ABC Cosmetics and Trademark registered under my existing company? _ YES

 

Trade mark registration in which brand you will sell the product and licenses are required for cosmetic product manufacturer & market in India. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Drugs and cosmetics act rules will apply. A license has to be taken. 

Engage a lawyer who will help you to get license.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

FDA License,Trade Mark,Patent Right and Copy Right from competent authorities under The Law.

You have to register your established business under shop and establishment Act and Factory Act .

The cost and time depends upon entirely who is handling your case. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Before beginning the trademark registration process, the entrepreneur or a trademark professional must conduct a trademark search of the trademark database. A trademark search will provide information about identical or similar trademark that has already been filed with the trademark registry. A trademark search can be conducted by visiting the Trademark Registrar Website.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

How to Apply for Manufacturing Licence of Drugs and
Cosmetics

1. Select Form of Licence as per product to be manufactured.
2. On the basis of Licence Form, select application Form to be applied.
3. Open http://fsdaup.gov.in and click on Online registration for
Drugs/Cosmetics Manufacturing icon.
4. You shall be directed to website of Udyogbandhu. Click on Nivesh
Mitra and register as entrepreneur.
5. Fill online Form, upload required documents and submit.
6. Submit one hard copy of application form with documents in the
office of Food Safety and Drug Administration for office record.
7. If you are applying for items to be approved by CLAA (Central
Licence Approving Authority), submit application copy to the Zonal
Office of Central Drugs Standard and Control Organization
(CDSCO) also.
8. A joint inspection of proposed premises shall be carried out by the
Drugs Control Authorities on pre-scheduled date under intimation to
applicant.
9. In case any discrepancies observed during inspection, the applicant
shall be given opportunity to rectify the defects and deficiencies. The
compliance report submitted by applicant shall be verified by local
Drugs Inspector.
10. If the inspecting team has observed that firm is complying provisions
as laid down in Drugs and Cosmetics Rules, 1945, the Licensing
Authority shall issue licence. The applicant may download copy of
licence from Nivesh Mitra Portal.
11. In case of CLAA items, the copy of Licence is sent to Drugs
Controller General (India) (DCGI) for approval. After approval by
DCGI, the licence is finally issued by Licensing Authority.

 

You can contact a consultant in the local for proper guidelines on this aspect instead of getting misguided over various opinions and suggestions which may actually confuse you, provided you are really serious about your query raised here.

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

1. You need to get licence for production of cosmetic products under Drugs and cosmetics act.

2. Yes you cn get the trade mark registered under your firm name. 

3. Cost will depend on the agent you hire for getting the registration done.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Trademark, copyright, and trade license should be taken 

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer