Did you know that the registration of your name as a business name or company name provides you with virtually no protection?

Such registrations are purely regulatory in terms of identifying owners of businesses. Whilst some legal rights can be acquired over a long period of time by building up reputation in a name, the best and most comprehensive protection of all is trade mark registration. So long as the name is distinctive, trade mark registration is relatively simple and not costly.

We can help you with advising as to the registrability of your name as a trade mark and, if appropriate, pursuing the registration for you.

Can you use your new brand?

Before you start using a new brand or business name it is very important to search its availability for use. Like many people and companies, you may well believe that by getting the name through as a business name that that entitles you to use the name. This is not the case. Business names are subject to prior rights and accordingly, a comprehensive search is required before you settle on your name.

We can assist you with this process. We regularly undertake name availability searches which cover a wide range of potential conflicts such as business names, company names, trade marks and online use.

Once you settle on a new brand name or business name, we strongly recommend that you consider trade mark protection.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.