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How to Register a Company or Brand Name in India

Posted last June 4, 2018, 7:04 am in Services report article

Is there any difference between the company name and the brand name? Most of the people live with this misconception that there is no difference between the company name and brand name. However, there is a very big difference between a brand name and the company name. The company name is a name given to the organization to achieve profits in the field of commercial activities related to business.  On the contrary, the brand name is the name given by the company to its products and services to distinguish them from the other companies.

We all have heard of big brand names like Lux, Lifebuoy, Surf Excel, Rin, Wheel, Fair & Lovely, Pond's, Vaseline, Lakmé, Dove, Clinic Plus, Sunsilk, Pepsodent, Closeup, Axe, Brooke Bond, Bru, Knorr, Kissan, Kwality Wall's and Pureit but do you that they all are owned by one company named Hindustan Unilever private Limited company . A company can launch various products under different brand names.

The company name chosen helps to create the identity of the company and the brand name helps it build a positive or negative image of the product. Thus it is important to take utmost care while choosing the perfect company name or brand name for your business. Below we have given a list of factors that you should consider for choosing a brand name or company name.

How to choose a perfect brand name and company name?

1.    Before choosing a perfect brand name or a company name every person must go through the guidelines made in this regard.

2.    The name chosen must be unique and shall possess some distinct aspects.

3.    It is important to be creative while choosing the company name or brand in order to gain the attention of people.

4.    Before applying for any name its availability must be checked. That is a person shall visit the ministry of the corporate website and trademark website to check the availability of company name or brand name respectively.

5.    The proposed name should also not be undesirable according to the Indian rules and regulations.

6.    Company name chosen must be in consonance with the activity of the company.

7.    You should not opt for too generic names.

Now that you have chosen a name it is very important to obtain its registration. Obtaining the registration for the company name and brand name helps to protect them from being misused by competitors.  There are separate procedures for obtaining the registration for the company name and brand name. The procedure of brand name registration is known as trademark registration while company name registration is the part of company registration process. Firstly, let us take a look at the procedure of registering a company name.

How to obtain company name registration in India?

There is no separate procedure for obtaining the registration of company name. Rather it is just the part of company registration process.  With the introduction of Reservation Unique Form (RUN) on 26 January 2018, an applicant can obtain the name approval of the name chosen well in advance by filing this form with the ministry of corporate affairs. Also if he desires to obtain the name approval later he can obtain it through SPICE that is filed to obtain company registration.   The company name is suffixed by the worlds like the Private limited company, limited company etc.

Examples of some company names registered include the Apple India Private Limited, Bharti Airtel Limited, Microsoft Corporation of private limited etc.

Obtaining name approval during company registration process does not provide the intellectual property right over it. To protect your brand name you are required to obtain trademark registration for it. Below we have outlined the procedure of trademark registration in India.

How to obtain Brand Name registration in India?

1.Trademark Search- As we have discussed in the earlier section of the article the first step of trademark registration is to make the trademark search and check the availability of the name desired.

2. Trademark Filing- After finding the perfect name an application shall be made to the trademark department for the registration of the desired trademark.  In the application filed the details like the logo, name, and address of the applicant, trademark class classification, description of goods etc shall be given.

3. Examination- Once the application is filed it will reach the designated trademark officer.  After carefully examining the application the officer will either approve the application or reject it. If he is satisfied by the representations made he will approve the application and forward it to be published in Journal. On the contrary, an objection will be raised by him in case he found any discrepancy. The applicant is required to file a reply against the objection raised.

4. Journal Publication- Prior to the approval from trademark officer the applied trademark is published in Trademark journal. As soon as the mark is published the public has the rights to object it on the substantial grounds. This objection is required to be filed file within 3 months from the date of publication of trademark.

In case the trademark is objected by any person then a hearing will be scheduled by trademark officer. In this hearing, both the parties will be given equal opportunities to present their case. The judgment will be given after hearing the representations of both parties. If any of party is not satisfied with the decision given they can appeal to the Intellectual Property Appellate Board.

5. Trademark registration-In case there is no opposition received or the applicant was successful in the hearing then the trademark registration certificate will be issued. A trademark once registered is valid for 10 years and after renewal can be sought.

If you desire to obtain the trademark registration or the company registration get in touch with the legal experts at Registrationwala.