Setting up businesses – brands, business names and domains

Your business name can be one of like government jobs your most valuable assets in marketing and building a relationship between your audience and your brand. That’s why it’s important to protect your name from misuse. Of course, when you start a business, you need to take down the business name along with the company house, and if you’re going to develop an online presence, you know your brand’s domain name. You can also check availability, but most companies know the importance of trademark registration.

Differences between business names, domain names and trademarks

Registering a company name and domain name does not provide the necessary level of protection to prevent other companies from using your brand name and logo in connection with competing products or services. They can also deregister your business or domain name if someone else owns the trademark rights to the name. To properly protect your trademark, it is important to search for trademark registrations and if you have a name to register, file a trademark application.

Unregistered trademarks and designations

Since 1994, unregistered trademarks have not been protected by the Trademark Act. Therefore, if you want to prevent someone from using your unregistered marks, you can only do so through another type of legal action called “estoppel”. This action is based on common law and success depends on showing damage to your reputation and public embarrassment. These types of legal actions can be very expensive and difficult to initiate.

So it is important to register a trademark and it is important to do it before using your business name. As part of the process, you’ll find out if anyone else has rights to a similar name so you can make changes if necessary, rather than trading with a name you don’t own, which could prevent you from using it later. If you have a name, it is recommended to register and thus immediately secure the necessary ownership rights. If you delay registration and wait for your business to succeed, you may not be able to protect yourself. This can happen if someone else is currently registering the trademark and the registration fails.

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Protect your brand’s goodwill

Therefore, brands are an investment in the future success of your company. The more established and well-known your brand is, the more likely others will continue your brand’s success. Your company’s goodwill is built with significant investment and marketing, and to ensure that this investment is not wasted; it is important to first check the ownership of the trademark.

A proactive approach to protecting your brand will save your  company name to domain money in the long run, is an effective tool to prevent counterfeiters and, will work to enforce your rights when necessary.

 

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