Introduction
A business, also known as an enterprise, or a firm, is an entity involved in the provision of goods and/or services to consumers. Businesses are prevalent in capitalist economies, where most of them are privately owned and provide goods and services to customers in exchange for other goods, services, or money. Businesses may also be social non‐profit enterprises or state‐owned public enterprises targeted for specific social and economic objectives.
To encourage Business Government of India launched an initiative Make in India to encourage multi‐national, as well as national companies to manufacture their products in India. India hoped to emerge, after initiation of the programme in 2015 as the top destination globally for foreign direct investment, surpassing the United States of America as well as the People’s Republic of China.
Before starting Business one question arises about Business Name or say Brand Name, a brand is a set of marketing and communication methods that help to distinguish a company from competitors and create a lasting impression in the minds of customers.
The key components that form a brand’s toolbox include a brand’s identity, brand communication (such as by logos and trademarks), brand awareness, brand loyalty, and various branding (brand management) strategies.
Current law in India for Protection of Brand Name
Indian trademark law statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.
The law of trademark deals with the mechanism of registration, protection of trademark and prevention of fraudulent trademark. The law also provides for the rights acquired by registration of trademark, modes of transfer and assignment of the rights, nature of infringements, penalties for such infringement and remedies available to the owner in case of such infringement.
Symbols
The two symbols associated with Indian trademarks ™ (the trademark symbol) and ® (the registered trademark symbol) represent the status of a mark and accordingly its level of protection. While ™ can be used with any common law usage of a mark, ® may only be used by the owner of a mark following registration with the relevant authority.
Thing to be Consider before Choosing Business Name or Trade Name
There for before taking step toward brand Development one should be care that as you start to build your brand, you don’t need the hassle of trying to fight the confusion of your relation with another company. Do a fuzzy search on Google and see what comes up. Chances are, those companies with names similar to yours, will have a page one listing on Google well before you gets there. You don’t want your customers thinking that’s you.
Well Known Marks
There is Some Brand name which has published as Well Known mark it is not available to use any other general public such as
MAHINDRA AND MAHINDRA, BAJAJ, BENZ, ENFIELD BULLET, HONDA, INTEL, KIT KAT. So before choosing our Brand name one should be care that our brand name is not resemblance with well‐ known brand.
Case Law-
Mahendra and Mahendra Paper Mills … vs Mahindra and Mahindra Ltd on 9 November, 2001
In the above case law Mahindra & Mahindra Ltd., the respondent herein, instituted a Suit in the Bombay High Court seeking a decree of permanent injunction against Mahendra & Mahendra Paper Mills Ltd., the appellant herein, restraining it from using in any manner as a part of its corporate name or trading style the words “Mahendra & Mahendra” or any word which is deceptively similar to “Mahindra” and/or ‘Mahindra & Mahindra’. In the said suit the plaintiff filed an application seeking an interim order of injunction against the defendant on similar terms.
The matter observed and passed The interim order passed by the learned Single Judge of the Bombay High Court injuncting the defendant from using the name ‘Mahendra & Mahendra’ in his business establishment, which order was confirmed by the Division Bench of the court, is under challenge in this appeal filed by the defendant.
Prohibited Marks
There is some Brand name which cannot use for trade name this is also called as prohibited mark like some of god Name i.e. BALAJI, LORD BUDDHA, LORD VENKATESWARA, SHREE SAI BABA, Some of other Prohibited Name i.e. ASOKA CHAKRA, DINEX, DNC, GANDHI, ISI, ISO, UNO, WHO, RAMAYAN etc.
Case Law-
Supreme Court says NO: Trademark registration for names of holy books
LAL BABU PRIYADARSHI V. AMRITPAL SINGH
In the above case law an application for registration of trademark “RAMAYAN” with the device of crown in class 3 was filed by the Appellant in respect of incense sticks (agarbattis, dhoops) and perfumeries etc. The said application was opposed by the Respondent before the Registrar of Trademarks claiming that the impugned mark, being the name of a religious book, cannot become the subject matter of monopoly for an individual.
Supreme Court of India observed that From Clause 13.3 of the Eighth Report on the Trademarks Bill, 1993 submitted by the Parliamentary Standing Committee, it is found that any symbol relating to Gods, Goddesses, places of worship should not ordinarily be registered as a trademark. However, to avoid disturbing the existing market by prohibiting their registration, the Government is entrusted with the responsibility of initiating appropriate action if someone complaints that a particular trademark is hurting his religious susceptibilities.
Conclusion:
So, by just incorporating a company with no issue it doesn’t mean you have secured your brand name. So it is advisable that entrepreneurs before started brand development programme by investing huge efforts and huge amount get clearance from Registrar of Companies and also from Trade Mark Registry.
