Dear All,
I am looking forward to starting a sole proprietorship organization in Chennai. I know it's optional to register, but still, I want to register, and I have a few queries. Can anyone elaborate on the following:
1. If I register my organization name, logo, and trademark for a sole proprietorship company, does it restrict anyone in India or worldwide from using them?
2. If I want to do multiple businesses, can I register them under a single company name (for example, an export industry, a consultancy, a tuition center) all under a single name as a sole proprietorship? Is it possible?
3. Can I register my own name as a company name?
I have more queries that I would like to get clarified on these first.
Thank you.
From India, Madras
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1I am looking forward to starting a sole proprietorship organization in Chennai. I know it's optional to register, but still, I want to register, and I have a few queries. Can anyone elaborate on the following:
1. If I register my organization name, logo, and trademark for a sole proprietorship company, does it restrict anyone in India or worldwide from using them?
2. If I want to do multiple businesses, can I register them under a single company name (for example, an export industry, a consultancy, a tuition center) all under a single name as a sole proprietorship? Is it possible?
3. Can I register my own name as a company name?
I have more queries that I would like to get clarified on these first.
Thank you.
From India, Madras
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Dear D Selvan,
I wonder why you have raised the queries as they are of a very primary level. The Proprietary Concern, A Partnership Firm, a Limited Company, etc., are the forms of ownership of a business. Since you yourself wish to start a business, there is nothing wrong with the idea. In India, any person of sound mind can start a legal business of their own. The name of the proprietary firm, logo, style and lettering, trademark, etc., can be registered provided they do not copy or give the impression of any firm which is already registered. You are the sole owner of the business and you can have a number of different businesses at the same time. There is no restriction; in fact, there cannot be any restriction on business provided the business is not for any illegal purposes. Your own name can be registered as a firm, for example, M/s. D. Selvan can be the name of your firm and it can be registered.
Adv. K. H. Kulkarni
From India, Kolhapur
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I wonder why you have raised the queries as they are of a very primary level. The Proprietary Concern, A Partnership Firm, a Limited Company, etc., are the forms of ownership of a business. Since you yourself wish to start a business, there is nothing wrong with the idea. In India, any person of sound mind can start a legal business of their own. The name of the proprietary firm, logo, style and lettering, trademark, etc., can be registered provided they do not copy or give the impression of any firm which is already registered. You are the sole owner of the business and you can have a number of different businesses at the same time. There is no restriction; in fact, there cannot be any restriction on business provided the business is not for any illegal purposes. Your own name can be registered as a firm, for example, M/s. D. Selvan can be the name of your firm and it can be registered.
Adv. K. H. Kulkarni
From India, Kolhapur
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Hi Selvan!
I would like to revert point-wise in simpler terms to elaborate on what Advocate Kulkarni said:
1. If you register your firm, company, or any other entity you create, it automatically doesn't restrict or establish your rights on a trademark. You must additionally register for trademarks, etc. Once registered, other individuals are then restricted from using the same mark, etc.
2. Yes, you can register multiple businesses under a single company name, but it's not advisable as different and unrelated activities can dilute the brand image. Therefore, unless the activities are related, you should not use the same name or brand. It's akin to using "AIRTEL" for Bharti's retail store, which would harm the brand Airtel.
3. Yes, you can register your own name as a company name. There are no restrictions on that as long as no one else has already registered that name.
Regards,
Puneet Sarin
CA LL.B
From India, Gurgaon
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I would like to revert point-wise in simpler terms to elaborate on what Advocate Kulkarni said:
1. If you register your firm, company, or any other entity you create, it automatically doesn't restrict or establish your rights on a trademark. You must additionally register for trademarks, etc. Once registered, other individuals are then restricted from using the same mark, etc.
2. Yes, you can register multiple businesses under a single company name, but it's not advisable as different and unrelated activities can dilute the brand image. Therefore, unless the activities are related, you should not use the same name or brand. It's akin to using "AIRTEL" for Bharti's retail store, which would harm the brand Airtel.
3. Yes, you can register your own name as a company name. There are no restrictions on that as long as no one else has already registered that name.
Regards,
Puneet Sarin
CA LL.B
From India, Gurgaon
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Thank you for the detailed reply, both Mr. Puneet and Mr. Kulkarni.
I am going to get my IE License by the end of December. I will also register my company by the end of this year. Thank you for the prompt reply. Meanwhile, if there are any queries, I will get back to you. Thanks again for the reply.
Hi Selvan! I would like to respond point by point in simpler terms to elaborate on what Advocate Kulkarni mentioned:
1. If you register your firm, company, or any other entity you create, it does not automatically restrict or establish your rights on trademarks. You need to additionally register for trademarks, etc. Once registered, other individuals are then restricted from using the same mark.
2. Yes, you can register multiple businesses under a single company name, but it is not advisable as different and unrelated activities can dilute the brand image. So, unless the activities are related, you should not use the same name or brand. It's similar to using "AIRTEL" for Bharti's retail store, which would harm its brand, Airtel.
3. Yes, you can register your own name as a company name. There are no restrictions on that as long as no one else has already registered that name.
Regards, Puneet Sarin, CA LL.B
From India, Madras
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I am going to get my IE License by the end of December. I will also register my company by the end of this year. Thank you for the prompt reply. Meanwhile, if there are any queries, I will get back to you. Thanks again for the reply.
Hi Selvan! I would like to respond point by point in simpler terms to elaborate on what Advocate Kulkarni mentioned:
1. If you register your firm, company, or any other entity you create, it does not automatically restrict or establish your rights on trademarks. You need to additionally register for trademarks, etc. Once registered, other individuals are then restricted from using the same mark.
2. Yes, you can register multiple businesses under a single company name, but it is not advisable as different and unrelated activities can dilute the brand image. So, unless the activities are related, you should not use the same name or brand. It's similar to using "AIRTEL" for Bharti's retail store, which would harm its brand, Airtel.
3. Yes, you can register your own name as a company name. There are no restrictions on that as long as no one else has already registered that name.
Regards, Puneet Sarin, CA LL.B
From India, Madras
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