Trademark Registration and Company Registration: Differentiation
Posted: Jan 18, 2016
The laws that oversee the matters of company registration, registration of business names and trademarks operate separately. This article discusses the difference between company registration and trademark registration along with addressing various concerns related to it.
Trademark Registration is the process that one goes through in order to get the unique company mark (identity of any kind) to be registered under the Trademark Act of India. Trademark registration gives the owner(s) rights to exclusive use of the registered trademark and also the right to acquire legal protection in case of infringement of their trademark. A trademark may consist of any or all of these-words, slogans, business names, numerals and signs. Generally the trademark registration process takes more than 12 months however the TM symbol can be used along with the logo or business name. This can also be done to symbolise that a trademark application has already been filed.
LLPs or Limited Liability Partnership is one of the newest forms of business entity in India. The LLP Registration was started in India in 2008 and it has quickly gained popularity among small businesses because of its low registration cost. LLP or Company Registration refers to the creation of a separate legal entity proficient to do business transactions and own property. The process of registration can be completed within 20 working days usually. A Certificate of Incorporation is issued once the company is registered. An account in the company name can then be opened. The certificate of incorporation can be used for obtaining other registrations like TIN Registration, Service Tax Registration, etc..
As mentioned above, trademark registration refers to the registration of an intellectual property whereas Company or LLP Registration is the creation of a separate legal entity. As per the difference, the purposes that both the processes solve are also different. Trademark registration provides legal rights of use of a mark and a company is free to register more than one trademark. With Company or LLP registration on the other hand, one creates a legal entity for undertaking business activities.
The Ministry of Corporate Affairs governs the registration of companies in India and does not allow a Company or LLP to be registered with already existing name. Nonetheless, the name of the business can still be used by others if trademark registration is not acquired. Therefore, it is suggested that the business name should also be trademarked.
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