Trademark is an intellectual property and its top relationship with the company can acquire by Trademark Act of India. Through the registration of trademark we will get the ownership on your products and services. If there any violations occur we can sue the legal protections. Like, We can register some form of words, slogans, catchphrases, business name, numbers etc. We can file the trademark with trademark attorneys and it takes more than 12 months to complete. After the completion we will get the R symbol and can place it next to the logo or company name. Once we file the application automatically the registrar provides the TM symbol to illustrate that we already applied for trademark application.
Trademarks are fundamentally associated with the brand identity and brand value. The registered mark always shines in the marketplace and people can identify the product or services based on those pictorial representations. Additionally, There are various classes in a trademark. We can file the mark according to those classes relationship. The classes are classified according to the purpose, where it is used and what are the advantages etc. A registration is prudent. By registration we get the protection under Trademarks Act, 1995 and other relevant and strong general laws. Trademark is a brand name. It may include combination of colors, domain name, styles, label etc. Identically, Nowadays everyone can apply for trademark registration. Every combination of colors, designs, wordings, numerals etc are applicable for such types of registrations. The trademark reveals the intellectual properties of the company as well the business.
Company and its top relationship with registration
Company is a separate legal entity. We can register a company under the companies Act, 2013. Registration assures our ownership and business transactions. The company registration is a new beginning to start a business. The company offers certain liabilities and that are sometimes limited to the ownership. Notably, Each company must have some partners and each one have certain responsibilities on the duties. After the company incorporation we will get an incorporation certificate along with PAN and TAN. Then you can setup a bank account officially and within seconds you can begin your company operations and start the relationship with others. Specifically, The company name must end with the wordings ‘Pvt limited’ or any other variations.
Company name must to register neither we can’t officially do our business. The company name must reflect the way of business; it means it should echo what type of business it carries. Particularly, The share certificate is a document of details provided by the company to state that the person whose name mentioned in the certificate is the owner of the shares of that company. The company has to establish the certificate of shares before it gets incorporated or after the incorporation. The certificate should be generating after two months from the company incorporation date. If there are any new or existing shares it also has to mention in that certificate. In case of the share transfer the certificate should be submit to the transferee within one month of the share transfer receipt of the company.
The different types of entities are
There are varieties of business entities which we wanted to apply the trademarks. Let’s us take a look. Obviously, The entities are Private limited company, Public limited company, OPC, LLP, sole proprietorship, partnership firm, Nidhi and so on.
- One person Company
The opc is the best way to start a company if the number of owner is a single one. OPC came into force on 2013. It is the new beginning to the corporate framework.
- LLP (Limited liability partnership)
It is a separate legal entity and the liabilities of each partner are limited based on the investment they have made. In addition, LLP is a new form of business entity than other modes of business types.
- Private limited company (PLC)
Private limited company is the separate legal entity and having shareholders and directors. Each person is considered as the employees of the company.
- Public limited company
The public company is incorporated under company law with more members. Furthermore, It possesses separate legal entity and the member’s shares are limited to the share they hold.
The main difference between Private Company and Public company
- Minimum Board members requirements for a private limited company are two and for public are seven.
- Maximum numbers of public company is infinite and for private company it is 50.
- Private can start the business after it gets incorporation but in public company we cannot able to start the business till it gets the commencement certificate.
- The private entity should not sell its shares or invites people to buy the shares. But in public limited company they invite people to buy the shares by issuing certain brochure.
Trademark Vs Company
Through trademark we get the intellectual property and by company registration we will get the legal entity. By these two registrations we will get some exclusive legal rights on products/ services and business. Similarly, A company can attain multiple intellectual properties.
Only one company can able to register the same name according to Companies Act, 2013. It is optional to register the trademark once he registered the company name. But if we do not registered the company name and trademark other parties will get the chance to register the brand name as their as.
Additionally, The companies Act, 2013 orders that the company name and trademark name should not be similar. Trademark is mainly for branding.
The company name must register with the secretary of state. For a company there must contain a director.
Let us take a look at the number of directors in a public and private company. The number of directors in a public company is 3 and the number of directors in a private company is two. After that the business will recognized by business name.
No one can copy that name until its registration. Trademark is the property. It highlights the value of a goods and services. Likewise, The well cost laptop without any marketing leads simply waste.
No one have any idea about that man made. People get familiar with that brand based on how much promotions that we done. The trademark is a complex task due to its integral property and potential value. The registration is under the federal government.
Intellectual property rights
The federal government and the states are enforcing property rights and relationship. The company names are limited to the states. Each states having different laws and requirements. Correspondingly, Some states say that that the name should be unique and some other states are really strict full and may restrict the names if any small similarities founds. The business name is not necessary to unique in various states. Identically, The entity can do the business in other states if any other company registered the name.
Registration of top business under the secretary of state protects the name from other companies within the state, not from other states. The trademarks are not limited to the business names. Moreover, the relationship of trademark and business names are unpredictable. Apart from that it contains wide variety of partitions. The registration of the mark helps us to save from the violation raised by the third parties. One trademark does not have any rights to discolor another trademark. The trademark application is process is more complicated.
To illustrate, Trademark examination period last over six months. After all the issues get minimized the trademark is placed for the opposition within 30 days. If there any objections arise the registrar will call for hearing. Both trademark and company have different purposes. As well as, Both of them save your business. Registration of your company name does not mean that you have the full rights on the name. Equally, The trademark gives the full rights on the name. Without the registration we can’t market our products in the market. The trademark registration is the key aspect of the product or services.
If the company registered a name which is same as the trademark name, then the owner of the mark having the rights to charge some actions against the infringement. Likewise, The action can be charged if the company is already incorporated. this is also consider as the Top relationship between a company and a trademark. Uniquely, If the registration is not carried out then the value of the assets gets diminished and it becomes challenging to enforce the rights on the marks. Register the mark as soon as possible and it cause upmost importance and relationship.
Specifically, The brand registration escalates the lifetime quality of your brand. Register your company name and trademark with Corpstore to obtain the broadest way of legal rights in a cost effective way. To enumerate, A single company can own many trademarks as they want. The top example for this statement is, Procter & Gamble. Conversely, They own many marks when compared with other companies. They are not creating separate companies for each trademark.
The trademark has certain restrictions on the company incorporations. If you do not have any company or business then also you can register your intellectual property. Before applying for registration make sure that your trademark is unique and should not be public offensive. Accordingly, The infringement is the unauthorized use of the goods or service in the global market causing deception, mistake or confusion in the market. Eventually, If any infringement happened the party has the full rights to defeat that violation by applying the opposition statement.
The criteria’s are,
- It should not similar to the existing marks.
- Apply a trademark search to check whether the mark is registered in the trademark class or not
- Filing process includes certain documents and it includes,
- Photo copy of the applicants
- Scanned copy of the mark
- Requisite fees
Year wise the person who can be the owner of a mark had been changing. The trademarks act from 1985 gives the protection right only for entrepreneurs. In the early decade the companies was not able to obtain trademarks for their business activities. The trademarks are only for goods and services; this is the concept in 1985s. Take an example, if you are looking forward to start toys manufacturer company, but currently you are running a bakery then also you cannot able to get the registration of trademarks.
To summarize, At last most of the restrictions were removed when the industrial property act came into force at 2000. Thus people got the right to register the mark if he does not have any business entity also. The new act should not produce any restrictions. Altogether, It is free from all the laws and regulations. The top trademark is applicable only for a single person not more multiple numbers. Trademark Act was amended on December 2015 and the regulations state that there is no need for a company to get the registration.
Incidentally, Sometimes the design and trademark may equal. The design means an innovative idea applicable to a part of an article. By design get registered we will get the power to use as the owner and can market how much we want.
The design may be anything but it should be applicable to anyone of the functions. The design can be defines that any of the plan that we are applying for manufacturing. Look at an example of a bottle.
The bottle’s shape is different according to the innovative concepts of each person. If we tried to craft any design something unique we can apply for design registration. More importantly, By the registration we get the ownership on the products. the design and the trademark having some Top relationship. We can display it in the market without any restrictions and legal margins.
In contrast, The trademark also has some role or top relationship on that design. The trademark may be a top symbol, design or wording relationship of the product that you are going to launch on the market behalf of your business. Conversely, In certain conditions both trademark and design protections may be access or cover a single design. Those legal actions reward some rights for the owner. The procedures declared in the trademark act, patent act as well as design act would not entertain any legal opposition against the registrations. Specifically, There is a difference between section 10 (4) and 38 of the designs act with section 31 of the trademark act and it deals with the validity related evidence of the trademark registration.
If you want to register your company on the top in Coimbatore or start your business walk-into Corpstore we will help you to register the company within short period of time. Our expert team helps to resolve all the hurdles related to company and our attorneys thrive hard to get the trademark as registered. We are having lots of company registration services, and IPR services.