What does a trademark identify?
A trademark identifies the goods or services of one person and distinguishes them from the goods or services of others. That is the definition in the Trade Marks Act, 1999. The company name on a certificate of incorporation is not that mark.
What does it identify?
A word, a device, or a combination, used on particular goods or services. The classes in the application are the goods and services it claims. A registration in one class does not cover a product in another class. How the application is filed is on the trademark registration page. This page does not quote a fee.
What does registration add?
Registration is evidence of the title to the mark and is the basis of an infringement action. A person can use a mark before the filing. Someone who copies a mark that is used, but not registered, can still face a passing-off claim. Registration is not granted merely because the company exists.
What is a different right?
Copyright protects an original work. Whether that right exists before registration is on the copyright page. A patent protects an invention. Neither is a trademark, and a trademark is neither of them.
Frequently asked questions
Four questions cover incorporation, use before filing, classes, and the fee.
Does incorporation register the name as a trademark?
No. The certificate of incorporation protects the company name on the register of companies. A trademark is a filing under the Trade Marks Act.
Must the mark be registered before it is used?
No. A person may use a mark before filing. Registration is what supports an action for infringement. Use without registration can still support an action for passing off.
Does one filing cover every product?
No. The application names the classes of goods or services. A class that was not applied for is not covered by that registration.
Does this page quote the fee?
No. The government fee depends on the applicant and the classes. It is not restated here.
Sources
A trademark is defined in the Trade Marks Act, 1999. Registration is a separate application. A company name on the register of companies is not that application.