02/05/2026
One of the most common and costly misconceptions in Indian business:
"I've registered my company with MCA โ my name is protected."
It is not.
MCA registration (Certificate of Incorporation) only gives you the right to use that name as your company name. It does not prevent:
- Competitors from using the same or similar name as a brand
- Others from registering it as a trademark
- Marketplace confusion that dilutes your brand equity
A registered trademark gives you exclusive rights to use that name/logo commercially โ across India, in your class of goods/services โ and the legal power to enforce those rights.
Indian courts have consistently ruled that trademark rights take precedence over company names in commercial disputes.
If your brand name isn't trademarked, someone else can register it โ and you may have limited recourse.
Lal Ghai & Associates handles trademark filings across all 45 classes.
DM us or visit lgassociates.org
