So you’re thinking of starting up a new business, and you’ve brainstormed and picked a name that you like. What next?
We’ve noticed recently that people are a bit confused as to what they should do at this point, and getting it wrong can cause you headaches, and even be costly, so here’s what you need to do.
We’ve written about the differences between trademarks and business names before, which you can find here. Essentially, the main difference is that a trademark gives you proprietary rights over the name, while a business name registration does not.
Do I need a business name or a trademark registration?
The answer to this question is that you need both. If you are choosing to trade under a name that is not your personal name, then you must get it registered as a business name. A trademark registration is optional in terms of compliance with legal requirements, but if you obtain a trademark registration first without having secured the corresponding business name, complications can arise, especially if the exact business name that corresponds to your trademark becomes unavailable.
So you should check the business names register to ensure that the trading name is available BEFORE you consider and settle on a corresponding brand name. A business name registration together with a trademark registration provides you with the best protection for your brand name, and provides you with the right to use the name.
Contact us at [email protected] if you’d like an obligation free discussion of your business name or trademark needs.
Disclaimer: The material contained on this website is provided for general information purposes only and does not constitute legal advice. You should not depend upon any information appearing on this website without seeking legal advice. We do not guarantee that the contents of this website will be accurate, complete or up-to-date.