Registration of Company name as trademark
Every entrepreneur wants to fix the unique name as his company name which going to distinguish their company from the other. Company name is name of the company but it not mentions the product or services as the company provides. Company name identifies the name of the company which is separate legal entity. Trademark is a unique identification of your product or services which the company provides. The company name and the Trademark have separate sections which do not inter-relate. A trademark registration is done by the Trademark Registry with the help of registered trademark agent. An entrepreneur can register his company name as Trademark which is unique and free of third party usage. Trademark registration is gone under different categories according to the nature of business. Generally, there are 45 categories of trademark (also known as classes)). Register company name as trademark at the earlier time of business, it is advisable by experts too. Make a trademark search of your company name and find whether it is taken or similar by the third party’s trademark. Company name is mainly used to promote the business.
The Registration of company name as a trademark contains two possible ways. They are-
- Registration as a trademark is to brand a product or services of that business;
- Registration of business which owns the legal entity (which may have several product or services).
Company name registration is a legal obligation, while trademark registration is a choice. When you submit a trademark application for your business name, your application (or applications) covers several things, primarily what classes of goods or services your company deals in, and how the company mark will be used to identify those goods or services in commerce. Your trademark application for a product name will cover the same factors, but at a much more specific level, dealing only with the product in question. It’s important to make sure that you remain accurate in what class (or classes) of goods the product resides in, and to be thorough, complete, and specific in how the product trade mark will be used as an identifier. This is why it is generally a good idea to hire a trademark attorney to assist you with the registration process.
Product trademarks are just as vulnerable to infringement as company trademarks are. Also remember that potential infringers might illicitly use the name of your product as the name of their company, and vice versa. This still constitutes trademark infringement, as does any case where a consumer could potentially be confused as to the source of a product or service. There are no “walls” between product-level trademarks and those for companies – they are all concerned with preventing confusion and protecting consumers and rightful trademark owners.
If it’s always a good idea to register the name of your company, does the same answer go for product names? In most cases, yes. Many companies choose to create original, distinctive names for their products in order to provide a second layer of identity. Often, these names will meet the qualifications for strong trademarks: they aren’t generic or descriptive of the product, but instead refer to it in a more abstract or unrelated way. Think of cosmetics with original, unique names for certain hues, or the different ways beverage companies will refer to generic drinks like cola or lemon-lime soda.
If your company creates products with those types of distinctive names, then it’s a good idea for you to look into registering trademarks for them. A registered trademark for your products will provide additional protection against imitators and counterfeiters, and helps ensure that your product name remains associated with your company and your company alone. Here are some additional points to consider on registering trademarks for product names.
Company Name or business or trade
A company name or business or trade is a name or a way to identify a business, a legal entity or an individual. It is the official name under which the said entity or individual chooses to do business (be it a company, LLP, partnership or sole proprietorship). Company registration is necessary to first establish the identity of the said business/company as a separate legal entity that will then allow the company to enter into contracts, conduct sales, advertise, get into partnerships, file tax returns, GST and perform a variety of other business activities.
Commonly known as “Doing Business As” (DBA) or a “Fictitious Name” or an assumed name, a trade name is granted protection by the state within the confines of the state alone, and its registration does not prevent the use of the same or similar business name in a different state, more so if such usage occurs with respect to a different field or industry.Hence, as long as the fields of operation and purpose are different, you can still safely register your business name. The Companies Act, 2013 that looks into company registrations in India mandates that a company name should not be identical to a registered trademark. It is extremely necessary to conduct a thorough trade mark similarity search before coming up with a business/trade name so you don’t waste precious time in legal entanglements later.
A trade mark is essentially to aid the consumer in identifying the actual source of such goods/services and protecting the brand name good will associated with the same. Examples being, Nike’s Swoosh symbol and Coke’s “Coca-Cola” which are distinct trade marks.
Additionally, with a strong and distinct unique registered trademark, you can even expand to other services that fall in line with your commercial vision- like how Disney went on to aggressively exploit its most famous Mickey Mouse trade mark in television, films, comic strips, merchandise stuff, video games, its Disney parks and more. In my point of view, registering a company name as a trademark is better option for increasing your trading value. The customers of your company can easily identifying your products while you picking the company name as trademark. For more classification, about company registration in Bangalore, kindly visit our site and feel free to contact us. Thanks for reading!!!