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Trademark & Intellectual Property

Registering a company name does not protect it. The MCA register and the trademark register are separate, and it is the trademark that stops someone else trading under your name. Businesses usually discover this when somebody else files first.

What protects what

The four rights cover different things, and applying for the wrong one protects nothing.

  • A trademark protects a name, logo, or tagline used in trade, within the classes you register it in. Register in the classes you actually trade in.
  • Copyright protects an original work: software, writing, artwork, music, film. It exists on creation, but registration gives you a dated public record to rely on in a dispute.
  • A patent protects an invention, and only if it is new. Publishing or selling before filing can destroy novelty, so file before you launch.
  • A design registration protects how a product looks: its shape, pattern, or ornamentation, for up to fifteen years.

Trademark & Intellectual Property Services (7)

Frequently Asked Questions

No. Company name approval only stops another company registering an identical name at the MCA. It does not stop a business trading under your brand, and it does not stop someone else registering it as a trademark. The two registers are independent.
You can use the ™ symbol as soon as the application is filed. Registration itself commonly takes a year or more, longer if an examination report or an opposition is raised. The filing date is what secures your priority, so filing early matters more than the wait.
That is routine and not a refusal. You have thirty days to reply to the examination report, after which the application is treated as abandoned. We draft the reply against the specific grounds raised and file it on the IP India portal.

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