TRADEMARK REGISTRATION VS. COMPANY REGISTRATION
The most common confusion among business owners about the business name is Trademark Registration Vs Company Registration. While I have my name registered with the Registrar of Companies (RoC) then why should I register my trademark?
You are right about your concern and you wanted to know more about this. This article aims to address these concerns and help you understand how company registrations and trademark registrations differ.
Registration of Company Name with Registrar of Companies (RoC)
Registration of the Company provides legal status, ownership, and rights to legally run businesses to the owners of the company. The Companies Act of 2013 formulates registration requirements and other business guidelines.
Usually, a company may have different types of products and services and different brand names, and logos for such products or services. Primarily, company registration with the Registrar of Companies under the Companies Act, 2013 enables an entrepreneur to run commercial activities exclusively in the name of such business. However, it does not offer much protection if the company wants to prevent others from misusing the company name, the brand name of its product or services, or its business logo. That is when Trademark Registrations come as a savior to every business owner.
Benefits of Trademark Registration of Company Name and its brands with the Registrar of Trademarks
A trademark is a name or a sign that differentiates your company’s products and services from your competitor’s. It can be a word, phrase, logo, symbol or design, or a combination of these. Any sign or indicator can be used as a trademark as long as it can distinguish the business’s goods from those of other traders. The first step in registering a trademark is to check whether the trademark can be registered at all. The fact that a particular sign has already been used as a trademark by someone else does not mean that it cannot be registered by you – it only means that you will have to demonstrate that the public will recognize your brand name as referring to your goods or services and not to those of any other trader.
How is company registration different from trademark registration?
Companies are registered with the Ministry of Corporate Affairs, which enacts business-related laws and policies. The Ministry will not register multiple businesses under the same name. The company’s name may be used by others if the trademark is not registered. The registration of a company protects the business from the competition, but not its name or brand. As an example, ABC India Business Private Limited has been registered under the Companies Act 2013. In this instance, the Registrar of Companies will not grant the same name to any other company. However, the name, ABC India Business as a sole proprietor or a partnership can be used by someone in the market.
Benefits of Trademark Registration in India
As businesses strive to protect their brands and products, trademark registration can provide several important benefits.
First, a registered trademark provides a company with exclusive rights to that mark. This means that other companies cannot use the same name or logo without permission from the trademark owner.
Second, registering a trademark can help companies defend their intellectual property against competitors.
Finally, registering a trademark can attract customers by increasing confidence in the quality of the product or service.
In essence, this is the difference between trademark registration and company registration. A company registration allows for the operation of a business, but a trademark gives the business its identity as well as the right to stop any infringement. Trademarking your business does more than just promote it; it also makes competitors in a market compete fiercely.