|
introduction
rights
of action
summary
Company
Solutions strongly recommends that you secure
your business identity with trademarks.
It
has never been so important to protect your
brand. Think of any consumer product. Big Mac.
iPod. Sony.
Correction.
Make that: Big Mac™ iPod™ Sony®
All
three of these brand names are highly recognisable
- global brands. All three of these brand names
are highly protected - by registered trademarks.
Simply
incorporating your company does not in itself
provide you the sole proprietary rights to your
name. When you register your company, your name
is reserved and other companies cannot incorporate
under an identical (or near identical name).
However,
an entity other than an incorporated company
(such as a sole trader or partnership) may start
trading under a similar name to your company
name.
It
is essential that your business name, products,
logos and branding be protected so that other
business ventures cannot capitalise on your
hard work.
Company
Solutions can quickly and efficiently register
your names and trademarks - a vital step in
securing your corporate identity.
Ensure
your proprietary right to your name. Contact
Company Solutions today to discuss your
trademark registration requirements.
For
more information please see our pages on trademark
registration.
YOUR
RIGHTS TO YOUR TRADE NAME
Your
company name does not automatically give you
the proprietary right to that name. Because
of this, another person or entity could gain
wider rights to your trade name, if that person
has established sufficient goodwill in the name
through business use.
Therefore,
when you incorporate your company name with
the Registrar of Companies, it must not infringe
on another person's rights to that name.
It
is possible that the Registrar could grant your
name to a proposed company if:
- You
(the person with greater rights to the trade
use of the name) are not operating as a registered
company, or
- You
do not use that name as part of your corporate
identity.
In
cases like these, your use of the name would
not appear on the Companies Office corporate
name database (please contact us if you wish
to check your name against the Companies Office
database).
Your
trademark protects you against these types of
infringement on your business identity.
If
you are in this position, there are measures
that can be taken. As the existing user, you
may wish to bring an action against the company
claiming proprietary rights to your name.
[Find
out more about the rights
of action your trademark allows you]
|
