Use of Trade Name - Company

[Bijay Shrestha]

Dear Experts,

A company registered as 'Paradise Hotel Pvt.. Ltd.' uses trade name as 'Paradise Angels' in its all billings.

My query is whether the Company is legally allowed to use that trade Name ?

What is the legal provision that the Company incorporated as Pvt. Ltd. can use the Trade Name ?

Please kindly suggest.

[YAGAY andSUN]

Trade marks must be registered under the IPR Laws as on unregistered TM may lead to dispute. Please check whether it is registered in your name, if not then, get it registered.

[DR.MARIAPPAN GOVINDARAJAN]

You have to register as trade mark. You may use the same without registration but it willnot give legal protection.

[Bijay Shrestha]

Thanks for reply.

One more thing, Trade name and Trade mark are same ? Both required to be registered ?

[DR.MARIAPPAN GOVINDARAJAN]

Both are same.

AI Summary

Trademark registration protects a company's trade name in commerce and reduces disputes over unregistered marks. A company may use a different trade name for commercial purposes, but to avoid disputes it should obtain Trademark Registration; unregistered marks provide limited protection and registration is advised. Trade name and trademark are commonly treated as equivalent in practice, and registration secures enforceable rights against third-party claims.