Getting a brand name or company name is one of the main issues of the startups in India. This article discusses registering the brand name and how to register a company to ensure your product identity is protected from competitors, or, if anybody uses it, you can legally prevent it.
First of all, start identifying the necessary information to communicate with your users, including the business name.
Remember, company registration and brand registration are two different things with many consequences. For instance, we all know Paytm but seldom we know that their real business name as registered is One97 Communications Ltd. This is also presumed that the business name or brand name registration can be different or similar.
Brand Name Registration
With the registration of trademarks in India you can easily register a brand name. Mostly, you have to pick the name of the company or company in India when you start your own business in India. The brand name registration with the logo is then required if you want to protect your brand in India. There are two ways to protect your brand or company name in India online.
I) Choosing from Private Limited Company or LLP Registration
LLP is among the most popular business structures for starting up a business with partners’ investment. One of the best features of a private limited company is that else can create business under the same name when you register it first. This means preserving the company’s reputation.
Nonetheless, there is confusion about whether you can legally prevent anyone from selling or using your name. In this case, you can use the option below.
II) Opting for Trademark Registration
Trademark registration is one of the most common ways to protect the name or trademark in India. In the Product Registration online, you must cover your trademark and company logo.
Simply put, these are benefits for the brand name as a trademark.
1. Using the brand name with TM.
2. You can someone a legal notice if the company/individual is using your brand name without your permission.
3. The name of the domain may be protected.
Online Trademark Search before Registration
Brand name registration can be quickly reviewed online if you hire business professional service providers. They will have a team of lawyers coupled with tools to run the trademark search process in India. The reason to do this is to ensure that there isn’t any existing business bearing a similar name to your prospective business name.
You are also spared of unnecessary hassles of trademark opposition coming from the third-party post your trademark publication in the journal.
Understanding the importance of the business name
Your business name will be all you bring to the public and it is something that will stay for long in the public eye. The name of the company will also appear on the business cards, stationery and office form. All ads and marketing materials must include the business name and it is something that you will be associated with in the future as well. The name of the business shall be listed in all business training papers, such as your Association Articles or corporate articles of incorporation. Business loans are issued to a specific company listed in all credit documents.
Most corporations use their corporate name for the company’s website as their domain name. The business name is associated with the location and state of the product. When the corporation is working under a different name, a fictional name must be filed (“doing business as”). The business name you register applies to all contracts and agreements entered into by the company.
What does it mean to have a business name registered legally?
The primary purpose of registering a company name is to apply your company name to your system to register it in its legal register. With the legal registration in place, you can exercise various business rights that are otherwise not possible. When you opt for the legal business registration, you have two specific cases to look into:
•If you plan to start a company, but you are not sure what legal form and business name you want, register it before starting up. You can always change your mind later, but your name will be saved by the registration process so that none else can use it.
• If you are a sole owner, you can register your name with the government, since no one else has registered sole proprietorship in the name same as yours.
Startup needs to register the company by picking up the route that is currently feasible and profitable in the long term. For taking any constructive action in this regard, you will need to seek expert advice and provide professional services. Again, it would help if you described your company name or registered name in the longer-term, which matters more to your brand. So, make sure one strikes the other existing companies that can make your company vulnerable.