Difference between Trademark and Company Registration

By Trademark Bazaar - 14th December 2017

Difference between Trademark and Company Registration

Trademark registration and Company registration are completely two different concepts. Trademark registration aims at protecting the intellectual property of any company whereas company registration aims at creating a separate legal entity.

Trademark registration is a type of intellectual property right. Trademark is the unique mark that uniquely distinguishes the goods and services of one person from another. It basically indicates the source of product or service. Further, it includes registration of slogan, brand name, color combinations, logo etc. Any person can obtain a trademark registration under the Trademark Act 1999. A Trademark protection once obtained is valid for the time period of 10 years and after that, it can be renewed for an additional period of 10 years.

Company registration refers to the process of registering a company with Ministry of corporate affairs. The rules regarding the process of obtaining company registration in Delhi has been specified in company incorporation rules 2014. Obtaining company registration helps to create a separate legal structure. Generally, two or more persons are required to incorporate multiple forms of companies like the private limited company, public limited company etc. The process of company registration can be completed within 20 working days. Once, a company is registered, a Certificate of Incorporation will be issued and the same can be used for opening bank account or other obtaining other registrations like TIN Registration, Service Tax Registration, etc.

Difference between Company registration and Trademark Registration

Any holder of the trademark can obtain the registration for his exclusive mark, slogan, brand name etc under Trademark Act 1999 while the registration of company can be obtained under Company Act 2013.

Further, trademark registration is an intellectual property right. Company or LLP Registration, on the other hand, establishes a separate legal identity. Exclusive rights of use over a mark are only provided by the trademark registration the trademark class it was registered under. Company or LLP registration, on the other hand, creates a legal entity for undertaking business activities. A company can thus register multiple trademarks.

Moreover no renewal is required for company registration however renewal for trademark registration after 20 years.

In addition to this registration of a company provides protection against registration of another company with a similar or an identical name. For instance, Abc Technology Pvt. Ltd. is a registered company than an LLP named Abc Technology cannot be registered, but Abc Technology can still be a name for a brand of the software. It is therefore recommended that business name also is trademarked. For exclusive use of the business name, it should be registered as a trademark.

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