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Kandarp Vanita
| Updated: 17 Jul, 2021 | Category: Trademark

What is the legal Difference between a Brand and a Company?

legal Difference between a Brand and a Company

As a business owner, it is necessary to “build a brand.” At the same time it is imperative to keep the company’s name in front so that more people know what the company is dealing with. The truth is that there is a lot with the company besides the brand. However, it’s undeniable that the branding is the public face of any business. Therefore, in this article we will learn about what is the legal difference between a Brand and a Company.

What are a brand and a company name?

Brand name – Brand is the name given to the company’s products or services, which can be used for the purposes of sale and advertisement. It does not require any legal suffixes. Let’s take the example of Armani which is the most expensive brand of clothing. But under this brand name, they have launched perfumes, belts and leather bags, footwear, glasses and other materials.

Company – The name given to a company or an organization incorporated under the Companies Act is acknowledged as the company name or trade name. To put it in a very simplified language, it is the official name given to an individual or some group of individuals who have decided to execute any business activity for the purpose of profit making. It is necessary that a company should have a suffix with either a LLC, private limited company, Corp or various other legal endings depending upon the type of business structure for which it is presently operating. An example of such a company would be the Coca-Cola Company or ABC Private Limited Company.

brand and a company name

Read our article:Process of Trademark Registration: Step by Step Guide

What is the difference between a Brand and a Company names?

A Brand and a Company names are different because a brand represents the company’s products. A single company is differentiated from other companies in the market by a company name. A brand name represents one company’s products and distinguishes it from another company’s products in the market. In case of popular brands like Nike or Sony, a brand and a company name can both be same and overlap because the company feels convenient that a single name is suitable for the identification of all of its products.

  • There can be multiple brand names that can be registered under one company name. For illustration, the Hindustan Unilever Limited[1] has the renowned brand names like Wheel, Lux, Ponds, Surf Excel and Vaseline.

A Company is a separate legal entity with its own name and business and it can own several brands.

  • A brand identifies a word, logo, mark, symbol or name that company uses and that help people to differentiate one product from the other.

A Company is a legal entity with a sole function to do business for the purpose of selling products or services.

  • The brand name or a trademark is a name given to different products and services which are used as an intangible asset for that company.

Whereas the company is an artificial entity in whose name the different statutory obligations are fulfilled. Like the filing of the income tax returns, annual filing, etc is made and several other legal proceedings are done.

  • For obtaining the registration of brand name or the trademark,the application shall be filed with the trademark department.

Whereas, the name of the company can be registered by filing with the Ministry of corporate affairs.

  • There is no requirement of name search before applying for registration in case of trademark registration. The applicant is required to conduct the free public trademark search only.

Unlike the brand name, here the applicant is required to carry out the search for company name before applying for the registration of the company. The search should be done in the company name database.

  • A brand is created with the objective to meet customer’s expectations and demands.

A Company is incorporated with the objective to produce and promote its products and services.

Conclusion

In the end, a company comprises of all the people working for the Company and a brand is the public identity given to the products or services of that Company. However, acknowledging the difference between a brand and a company is a very basic thing before starting with the business so as to manage and build the Company’s name and brand over time.

Read our article:How Can You Apply For Online Trademark Registration in India?

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Kandarp Vanita

Kandarp Vanita has done masters in Corporate and Commercial Law from WB National University of Juridical Sciences. She has 3 yrs of experience in drafting legal documents & dissertations. Being a curious reader, she is also passionately into providing legal backups and comprehensive understandings in every aspect of Law to the firms.

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