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Every entrepreneurs has question in their mind regarding whether their brand or company name would be protected by an LLP or company registration. A fundamental aspect of business that plagues entrepreneurs is the difference between trademark and company registration. Generally speaking, trademarks are an aspect of the business act and are relevant to anyone wishing to safeguard their registration brand, logo, image, and other symbols. On the other hand, the person running the firm must register the company.
The best method to make a firm stand out from the competition is to use a trademark. Furthermore, one may file a lawsuit against another in accordance with the legislation if there is any copyright infringement or breach. To put it briefly, trademark registration protects intellectual property and includes a variety of symbols that are important to the company, like the name, logo registration, and design. You may file a lawsuit in court against anyone who breaches the Trademark Act as soon as you have the trademark. Verify that the trademark will be valid for ten years, after which you will need to renew it. Secure your company's brand, logo registration and various other designs with the help of trademark which helps in reflecting your businesses and also it helps in differentiating company from others too.
A business that involves the exchange of money in addition to ownership is given a legal existence through company registration. The Companies Act of 2013 contains guidelines pertaining to registration and various other business-related matters. A business may open several branches to offer a variety of goods and services, and each branch may apply for its own trademark. Additionally, a company registration gives an entrepreneur the ability to conduct business legally.
The ministry's of Corporate Affairs creates laws and regulations pertaining to company registrations and
business matters; its representatives will not register more than one business under the same name.
Nonetheless, in the event that a trademark is not registered, there is a good chance that third parties
may use the company name.
To put it briefly, registering a company protects the firm against
rivals, but
it does not protect the brand registration or name. If ABC private Ltd, for example, is formed
under the
Companies Act of 2013, then a separate business bearing the same name is prohibited from being
registered, although others may use ABC as a trademark. A trademark provides a business individuality,
and customers are drawn to it readily.
Nevertheless, there are many competitors and other
businesses in
the same industry, making it difficult to draw in customers. A trademark merely lends a distinct
identity to a company, and that identity could take many forms, including a name, symbol, design, or
logo registration. Yet, a term or combination of words that provides a firm with its identity is
acceptable when registering a company.
Registering a trademark entails registering a distinctive mark that symbolizes your company. A business must formally incorporate under the nation's particular company legislation in order to be registered as a company.
The process of obtaining a trademark for your business name or goods—which constitute your intellectual property—is known as trademark registration. To stop other businesses or individuals from exploiting your intellectual properties in their marketing, sales, or commercial operations, you can register a trademark. In order to protect a business name in your sector and throughout the nation, you must register a specific name through the local authorities. Company registration is the term for this procedure.
An intellectual property is registered when a trademark is registered. LLP or Company Registration, on the other hand, involves the formation of a distinct legal body.
The legal right to use a mark exclusively within the trademark class for which it was registered may only be obtained through trademark registration. On the other hand, registering a company or limited liability partnership (LLP) establishes a legal entity to operate business. Thus, a business may register several trademarks.
Per the Companies Act of 2013, whenever a company or LLP is formed, no other Company or LLP may be registered under the same name by the Minister of Corporate Affairs in the future. In the event that a trademark is not registered, third parties may still use the company name.
In order to qualify for a trademark registration, register your business. That isn't the case, though. The processes of registering a trademark and registering a corporation are separate and are overseen by distinct departments and regulations.
For example, XYZ Technology LLP cannot be registered if XYZ Technology Private Limited is a registered business. Nonetheless, software can still be branded under the name XYZ Technologies. When a company or limited liability partnership (LLP) is registered, it offers protection against the registration of another entity with the same or a nearly similar name. Therefore, it is advised that the company name be protected as a trademark as well.
A company name cannot be the same as or confusingly similar to a registered trademark, according to the Companies Act of 2013. As a result, any entrepreneur with an original idea for a business name can register their brand name to stop another company or limited liability partnership from being created under the same or similar name.
Register your business to be eligible for a trademark registration. However, that is not the case. The procedures for registering a company and a trademark are different, and they are governed by different departments and laws.
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