The ultimate protection for a company name is secured only by way of a Trademark. The exclusive usage of Business and Trade names are protected only by trademark registration. Registering a Company or LLP with a name does not provide complete protection to the name or brand name. The protection of Company /LLP name under the Companies Act / LLP Act is limited to the extent that another Company or LLP will not be registered with the same or a closely-resembling name.
If any other person registers a trademark with your company name, he gains priority of the name under trademark laws and is empowered to take legal action against your company for infringement of the trademark and can even request for the change of your company registered name.
For example, CompaniesInn.com LLP is registered as an LLP. LLP laws protect the name from being registered by another LLP or Company. But the name 'CompaniesInn.com' per se is not protected under the LLP Act. However, 'CompaniesInn.com' is also a registered Trademark under Class 45 of Trade Mark Law. Trademark registration provides complete protection of the name, barring its use by anyone in any form of organization for delivering services provided by CompaniesInn.com.
Once a Trademark is registered, it gives the protection on an exclusive basis for all products or services under the class where the name is registered.
The 'Company / LLP Name Availability Guidelines ' also gives priority to a registered trademark and to trademarks for which an application is filed while submitting a Company /LLP name application. If your company name is unique and you'd like to retain exclusive and priority usage of such name, it is advisable to file a Trademark Application before filing a Company / LLP name application.
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