Two of the most common terms you come across when setting up a business are company and brand. Many people get confused about the difference between a company and a brand and tend to use these terms interchangeably. However, their definitions and registration requirements are totally different. A company is a corporate entity registered under provisions of Companies Act, 2013. The Registrar of Companies registers all the companies in India.
A brand, on other hand, is what people recognise and associate a company or its products/services with. It refers to elements like brand name, logo, symbol or other distinctive features that may be protected through registration under Trade Marks Act, 1999. The Trade Marks Registry registers all the trademarks in country.
By this introduction itself, you may have understood main difference between company and brand. However, there are many other differences between them that entrepreneurs should know about, especially when setting up and growing a business. In this blog post, we shall discuss the main differences between a company and a brand.
In the table below, the major differences between company vs brand are given:
| Base | Company | Brand |
|---|---|---|
| Definition | A company is a legal business entity formed by one person or a group of persons to carry out business activities or provide goods/services. It is registered with RoC under Companies Act, 2013. A company may be a private limited company, public limited company, One Person Company or any other type of company recognised under the said Act. |
A brand is what people recognise and associate with a company or its goods/services. It refers to elements like brand name, logo, symbol or other distinctive features that help people identify and distinguish business or its products/services from others. Certain brand elements can be trademarked with Trade Marks Registry, provided they meet registration requirements. |
| Governing Legislation | Companies Act, 2013 as amended from time to time. | Trade Marks Act, 1999 as amended from time to time. |
| Who Registers It? | Registrar of Companies, which operates under the Ministry of Corporate Affairs. | Trade Marks Registry, which operates under Controller General of Patents, Designs and Trade Marks, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry. |
| Prescribed Form | The prescribed form to register a company is SPICe+ form. | The prescribed form to register a trademark is TM-A Form. |
| Validity | A company, once registered, remains valid perpetually unless it gets legally dissolved, wound up or struck off from the register by RoC. | A trademark registered in India remains valid for a period of 10 years from the date of application and can be renewed indefinitely by filing trademark renewal application + payment of trademark renewal fee. |
| Examples | Tata Starbucks Private Limited, McDonald’s India Private Limited & Vishnu & Company Trademarks Pvt. Ltd. | Green Mermaid Logo of Starbucks, Happy Meal of McDonald’s & “Dane Dane Me Kesar Ka Dum” tagline of Vimal Pan Masala. |
Also Read:- Difference Between Internal Audit and Statutory Audit
A company is a business structure that is registered with Registrar of Companies (RoC) under Ministry of Corporate Affairs (MCA) in alignment with the provisions of the Companies Act, 2013, and the MCA regulations.
Under the said Act, there are various types of companies that can be registered in India including but not limited to private limited companies, public limited companies, section 8 companies and one person companies.
To register a company, SPICe+ form, containing Part A and Part B, needs to be filed online via MCA portal. Once the RoC approves this form, it issues a Certificate of Incorporation, which serves as legal proof of the company’s existence.
A brand refers to a unique identity, reputation and public perception that people recognise and associate with a company or its goods/services. It includes elements such as a brand name, logo, symbol or other distinctive features that help people identify as well as distinguish a business or its products/services from those of others.
To register a brand name, logo, symbol, slogan or other trademarkable elements as a registered trademark in India, you need to file an application online through IP India portal or through offline filing by submitting an application physically at Trade Marks Registry.
For this, TM-A is prescribed form. Once the trademark gets registered, it offers legal protection for a period of 10 years and can be renewed indefinitely in accordance with the Trade Marks Act, 1999.
Need assistance in registering a company or in filing a trademark application? Connect with our experienced consultants at Registrationwala for complete support!
Q1. Which government authority is responsible for registering brand elements as trademarks in India?
A. The Trade Mark Registry is concerned government authority for registering brand elements like brand name, logo, symbol, etc., as trademarks in India. It operates under the Office of Controller General of Patents, Designs and Trade Marks.
Q2. Which government authority is responsible for registering companies in India?
A. The Registrar of Companies, which is an office under Ministry of Corporate Affairs, is responsible for registering companies in India.
Q3. What is validity of brand logo registration?
A. The validity of brand logo registration is 10 years from the date of application. It can be renewed indefinitely.
Q4. Which is prescribed form for company registration in India?
A. The prescribed form for company registration in India is SPICe+ form. This form contains two parts, i.e., Part A and Part B.
Q5. Which is prescribed form for brand name registration in India?
A. The prescribed form for brand name registration in India is TM-A form.
Q6. Which form is required for brand logo renewal?
A. Form TM-R is the required form for brand logo renewal. This form needs to be filed online through the IP India portal or offline by physically submitting it to the Trade Marks Registry.
Q7. What is the government fee for filing the TM-A form?
A. The government fee for filing TM-A form online is Rs. 4,500 per class for individuals, startups and small enterprises. For offline filing, the fee is Rs. 5,000 per class for them. For large companies, LLPs and firms, the government fee is Rs. 9,000 per class for online filing whereas for offline filing, the fee is Rs. 10,000 per class.
Hi, I'm Sachin Chawla. I’m a commerce graduate from Agra University and a Chartered Accountant (2015) with DISA certification. I focus on helping businesses with formation, management, tax and FEMA matters, business licenses and regulatory compliance, IP advisory, risk management and auditing among others. Through my articles, I aim to share my expertise and provide practical guidance in these areas.
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