Trade Mark Registration and Company / LLP Name

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The ultimate protection of a name is secured only by way of a Trademark. The exclusive usage of Business and Trade name are protected under Trademark Registration.

Registering a Company or LLP with a particular Name does not protect the name as such. The only protection by way of Company / LLP name is that another company or LLP will not be registered with the same name or closely resembling name. If any other person gets the Trademark registered for your company name, he gets the priority and is empowered to take legal action against your company for infringement of Trademark and even the trademark owner can remove the registered name of the Company or LLP.

For eg. CompaniesInn.com LLP is registered as an LLP. LLP Law protects the name from registering another LLP / Company with same name CompaniesInn.com LLP or any other closely resembling names. The name 'Companiesinn.com' as such is not protected under LLP Act. 'CompaniesInn.com' is also a registered Trademark under Class 45 of Trade Mark Law. The trademark registration provides that ultimate protection to the name from use by anyone in any form of organisation for the services provided by CompaniesInn.

Once a Trademark is registered, it gives the protection on exclusive basis for the products or services under the class where the name is registered.

Company Name availability Guidelines 2011, gives priority to a registered trademark and a Trademark for which an application filed while making company name application. If your name is unique and if you wish priority for the name, it is advisable to file a Trademark Application before filing company name application

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