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Trademarking of a company name

Alpesh (Others) (58 Points)

10 July 2012

Dear Sir,

I am starting a sole proprietorship business. SHould i apply for trademarking of my business name? What are the benefits of registering a trademark?

Thank you

Alpesh

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6 Replies

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 11 July 2012

Dear Alpesh,

Yes it is very necessary to register your Mark under Trademark regime. This will prevent any unauthorise usage of your mark and give your mark a ownership of yours in the eyes of law.

Otherwise, the mark will be granted to the person who has first applied for the same.

Alpesh (Others) (58 Points)
Replied 11 July 2012

Thank you for the information.

It means other person can not even register my trademarked name for private limited company also?

Before i finalize some name for trademarking, how can i know that the same name is not trademarked by some body else?

Please guide me

Thanks in advance.

Alpesh

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 12 July 2012

Now you can search your mark online.... on the portal of Trademark and Copyright.

Alpesh (Others) (58 Points)
Replied 12 July 2012

Thank you friend.

Regards,

ALpesh

Vishal (Jobless) (47 Points)
Replied 04 November 2012

Originally posted by : CS Ankur Srivastava
	Now you can search your mark online.... on the portal of Trademark and Copyright.

I realize that the core question still remains unanswered... "If we get the trademark of the sole proprietorship based firm's name, then does that mean nobody can get a Pvt Ltd or a LLP or any other sole proprietorship based firm created using the same name or a minute variation of the same name?

Please help Mr. Shrivastava and all other honorable experts at the forum!
Thanks to all in advance.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 07 November 2012

Yes, if the name is subject to any Trademark it will not be available for Comapnies as well, at the time of selection the name of Company, ROC wants a declaration that the proposed name is not subject to any trademark and if it is, then the applicant must have ownership rights.