Understanding The Difference Between Trademark Registration & Company Registration

It is always tricky to figure out that a trademark and a company name are actually two distinct concepts with different registrations. A trademark is classified as an IP (intellectual property) for the business, whereas a company name is the brand's entity among the public. If you are looking to ensure brand protection then it becomes crucial to conduct an online brand registration process in India before starting the business which is a different process than registering a company name.

There are some significant distinctions betwixt the two as they are fully exclusive affairs. Some people mix the trademark as the company's name and register only the company name without any trademark rights.

Here are some of the crucial points of distinction betwixt trademark registration and company registration to be kept in mind for any business.

Trademark registration

A trademark is an IP (intellectual property) of the company that must be registered to have the right to file a lawsuit on any infringement cases. Images, words, slogans, symbols, or taglines and so forth are considered as a trademark. It can be anything by which a business attracts the public attention. Trademark registration provides your business an exceptional quality from the rivals in the market.

The trademark registration process is lengthy and generally takes up to 12 months to complete. Nonetheless, once the process is done, the trademark is applicable for a decade and can be renewed later as well.

It is valid across the whole country. Although it is not compulsory to obtain your trademark registration, it is suggested to register your trademarks to protect the rights for any possible infringement activities.

Company registration

A company registration process includes the creation of a separate legal identity for a company. Any business name is registered under the companies act, 2013 and forms the separate identity for the proprietorship of the property and transaction of money.

The process is done via a centralized registration process, and it will not take much more time. It generally gets completed within 15-20 days if all the documents are present. Once registered, the company name will have no expiration.

It does not require any renewal as well, unlike trademark registration. A company can have multiple trademarks for different objectives and products. But there should be only one trademark with same logo and name.

Trademark registration vs. Company registration

- Once the company's name has been registered, the ministry of corporate affairs (MCA) would not permit any other business to obtain an identical name. Nonetheless, if a trademark is registered, there will be no insurance that an identical or resembling trademark will not be registered. That's why trademark searches will have to be carried out to develop a sui generis and appealing trademark.

- The time of the process of registration for both of them is different. The timeline for trademark registration process is lengthy and can take up to a period of 12 months. But the company registration name is straightforward and quick. It can be wrapped up within a month.

- If the company name is registered without a trademark registration, it can have opposite effects on the business. If the trademark is in an existent state in the market, then it might lead to an infringement lawsuit against your company.

- The company trademark is not essential but advised. It is not compulsory to register a trademark. Nonetheless, it is mandatory to register a company name to conduct business transactions and activities under the registered name.

- Trademark consists of images, words, images, symbols, slogans and so forth. It is anything that offers an entity to the business. Nonetheless, a company name is merely a word or a combination of words that provide legal entity and recognition to the company.

- The company name registration does not consist of any searching process as companies are permitted to have identical or resembling names. But an advanced search is needed for selecting a trademark before submitting the registration form.

These are the fundamental distinctions betwixt company registration and trademark registration. They must not be baffled by each other. It can have adverse impacts on the business, causing an entirely disrupt the business position in the market.

The company's name is required to initiate a brand, but trademark registration is voluntary. If the company registers only the company name and no trademarks, then it will not have any legal rights over the contravention cases.

Trademarking is very crucial than branding the company name. You cannot create a separate and appealing identity for your brand and offer protection from competitors.