Just because you have a business name, doesn’t give you the right to use it.
I know that sounds really strange but only a registered trade mark will give a business the most protection needed to trade.
A business name is a nickname essentially and distinct from a legal entity.
The legal entity might be for instance Bob Smith T/as Bob the Builder, or Bob Smith Pty Ltd t/as Bob the builder (if a company). The individual or company owns the business name, and can own many others.
We have seen so many cases where a business that starts to trade (sometimes even for a long period of time), then finds out that they need to stop trading with the name because they are infringing someone else’s trade mark. It is an extremely serious issue if it happens and is in most circumstances a very expensive exercise.
Make sure you have all the rights to use your business name by seeking legal advice.
Simply registering the business name doesn’t create of itself any intellectual property (IP) rights, apart from evidence of a date when first commenced trading.
We’ve seen many businesses get into trouble because they didn’t register their trade mark for their business name, logo, product name, tag-line etc – and someone else has registered the trade mark first.
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