How to Register a Trading Name for your Business

The trading name of the company is its most important asset. It is what defines the company and its identity. Moreover, the trading name registration protects the company from being confused with another company with a similar name.

 

You can register a trading in the following ways:

 

• Trademark Registration with the Registrar of Trademarks  
• Company Registration with the Registrar of Companies

 

6 Steps for Trading Name Registration as a Trademark

 

Step 1 - Hire an Expert

 

To register a trademark, you need to have a good understanding of the trademark law, trademark class, application prerequisites, fees and documents. You also need to have some knowledge about the legal requirements for registration. 

 

Thus, if you are not an expert in this field, you should hire someone who specializes in this area.

 

For this purpose, get in touch with our team of experts by filling out the form on your right.

 

After filling out the form, our team will assign you a relationship manager within 24 hours. They will guide you through the registration process and keep you updated.

 

Step 2 - Share the Documents and Trading Name 

 

For proceeding with the trading name registration, share your desired name and the following documents with your RM:

 

• PAN Card
• Aadhar Card 
• Signed Form TM-48 

 

Make sure that the documents you share are up to date. Also, if you have any proof of using the trading name on a product box or social media page, that would serve as an advantage.

 

Step 3 - Deciding the Trademark Class

 

In order to register a trademark, you need to know the appropriate class for your trading name.

 

According to the Trademark Law, trademarks are classified into 45 classes.

 

The choice of the class depends on the type of business that you are running, what you are selling, or what your company does.

 

Moreover, consider the following factors before deciding the class for their trademark:

 

• The type of goods or services the trademark will be used for.
• What other trademarks are already registered in the same class?
• Do you want to register your trademark in more than one class?

 

Our experts will help you decide on the appropriate class for your trademark keeping all the above factors in mind.

 

Choosing the right class will help you avoid problems in the future.

 

Step 4 - Application Drafting

 

The application for trademark registration should be drafted in such a way that it meets the requirements of the law and hence increases the chances of success.

 

The draft should be strong enough to avoid objections from other parties during the examination process.

 

For this purpose, we have a team of expert professionals who have extensive experience with trademarks. They know what needs to be done and how best it should be done.

 

Step 5 - Trademark Examination

 

Once the application for trademark registration is submitted on the official website, it goes through several examinations.

 

Trademark examination is the process of examining a trademark to ensure that it is not confusingly similar to an existing trademark or a pending trademark application.

 

A Trademark Examiner will review the submitted mark and compare it with other trademarks in the database. 

 

If there are no conflicts, the mark will be approved for registration.

 

However, if they have any queries or objections, our experts will take care of it on your behalf.

 

This process can take up to 6-18 months from start to finish.

 

Step 6 - Publication in Trademark Journal

 

After the examination and approval from the Trademark Examiner, the prospective trading name is published in the Trademark Journal.

 

It is basically a public notice of an intention to register a trademark. 

 

As a result, it allows the public to oppose the registration of the trademark by submitting an opposition with valid reasons.

 

If there is no opposition within 6 months of publication, it will be registered under your ownership.

 

Thus, your trading name will be legally ready to use after you receive the registration certificate.

 

Cost of Trademark Registration

 

The fee for trademark registration is as follows:

 

• Rs.4500 + Professional Fee  + GST (per application per class ) if filled by an individual person.
• Rs.9000 + Professional Fee  + GST (per application per class ) if filled by an Pvt Ltd Company, LLP, One Person Company, Organization etc.

 

5 Steps for Trading Name Registration as a Company Name

 

Step 1 - Hire an Expert

 

A trading name registration as a company name is more than just filling out forms. 

 

It is about ensuring you have done enough research and your name is not similar to any other.

 

Thus, you must get in touch with an expert by filling out the form on your right.

 

Step 2 - Share the Documents

 

After that, share the following documents along with the desired trading name to proceed with registration:

 

• NOC/Rent Agreement of the Office Premise
• Utility Bill
• Passport-size Photo of all Business Owners 
• Aadhar Card
• PAN Card
• Signature

 

Make sure that all the documents are correct, as the information will be associated with your trading name.

 

Step 3 - DSC and DIN Registration

 

The next step is DSC and DIN registration.

 

Digital Signature Certificate (DSC) is a type of digital sign that is used to ensure the authenticity of digital documents.

 

Thus, all potential directors must have one before filling out the forms for company name registration.

 

Our team will apply for a Class 3 DSC for all the directors.

 

After that, we will also apply for the DIN (Director's Identification Number).

 

DIN is a unique number assigned to the director of a company. It is used in various business transactions such as opening a bank account, registering for GST, or filing taxes.

 

Step 4 - Drafting MoA and AoA

 

The memorandum of association (MoA) states the name and address of the company, its objects, and the number of shares each shareholder has.

 

It also includes any restrictions on who can buy shares or be a director.

 

The articles of association (AoA) state how many directors there are, what their duties are, how they are appointed and removed from office, which types of business contracts require approval by directors or shareholders before they can be legally binding on the company, and so on.

 

These are the legal documents that will basically support the purpose of your trading name and what, where and when it will be used for.

 

Step 5 - Submitting the Application

 

Lastly, our experts will submit the application on the official website of MCA (Ministry of Corporate Affairs).

 

We will also take care of the queries (if any) raised by the government during the process. 

 

It may take up to 9-12 days to receive a Company Registration Certificate from the government.

 

Once you receive the registration certificate, you can use your trading name as desired.

 

Cost of Company Registration

 

The cost of company registration online is Rs. 6890/-. This includes the following:

 

• Name Reservation 
• 2 Digital Signature Certificates
• Director Identification Number
• GST Registration
• MoA Drafting
• AoA Drafting
• PAN and TAN Registration
• Professional Fee

 

Can the trading name and company name be different?

 

Yes, you can choose to go with a different trading name than a registered company name.

 

However, you must use the company name in all the legal documents and you can use the trading name for advertising.

 

For example, a famous professional service provider uses the trading name Urban Company (Trademarked) for trades and advertisements. However, it is legally registered as UrbanClap Technologies Pvt Ltd.

 

Reasons to Apply for Trading Name Registration

 

• Protects the owner of the business from being sued by a third party who might have a trademark similar to the company's product or service.

• Preventing confusion and misrepresentation among consumers about who they are dealing with when they enter into an agreement with a company.