Copyright and names
Copyrighting is protecting your brand or logo. Trademarking is protecting the name of your company. If you are thinking about registering your business name, it’s important to understand what each one does.
When you copyright something, you are giving the creator exclusive ownership over the work. You cannot use it without permission. For example, if you write a book, you can copyright the words and ideas inside the book. However, you cannot copyright the cover design because someone else owns that intellectual property.
If you trademark something, you are claiming ownership over a specific word, phrase, symbol or design. This gives you the legal right to prevent others from using that same mark. For example, if someone uses your trademarked name to sell clothing, you could sue them for trademark infringement.
Registration of your business name is required in most states. Some states require registration within 30 days of opening your business. Others require registration within 90 days. In some cases, you must file a copy of your application with local government officials. Check with your state’s Secretary of State office to find out how long you have to register your business.
Company, organisation or brand names
Business names are trademarks. They belong to you and no one else. If someone uses your business name without permission, he could face legal action. You can use a business name to identify your products and services, and to promote yourself online. But you cannot stop others from using your business name.
To protect your business name, register it as a trademark with the European Union Intellectual Property Office (EUIPO). Registering your business name makes it easier to prove ownership of your business name in court.
Registering your business name also protects your business against misuse. For example, if someone misuses your business name, you can ask the courts to prevent him from using it.
What protection is available for names?
Registering a business name with companies house gives you protection against others taking your name and using it without permission. This is called unfair competition. You can register your business name with Companies House online. If someone else registers the same name, they are infringing your rights.
Trademarking protects your business name against anyone else copying it and selling products under your name. You can use a trademark to stop people from making false claims about your product or service.
A trade mark cannot protect a company name if it contains a term that is already protected as common law trademark.
To protect a company’ s brand name, businesses must register trademarks through the UK IPO. Businesses can do this online. They must submit evidence of ownership including a copy of the trademark registration certificate.
Frequently Asked Questions
Can I use copyright to protect my business name?
Copyright is a legal tool that protects creative works like paintings, books, songs, movies, etc. If someone uses one of your original creations without permission, you can take action against them in court. But what about your business name? Can you protect your brand by registering it with the government?
The answer is yes, but there are some limitations. You must register your trademark with the United States Patent and Trademark Office within five months of establishing your business. Once registered, your mark becomes part of the public record, and anyone can look up your registration online. This makes it easier for people to see whether your mark is protected.
If you want to prevent someone else from using your business name, you might consider getting a federal trademark. A trademark allows you to control the way your name is used. For example, if you choose to call your business “Red Dog Cafe,” you could make sure no one else calls their restaurant “Red Dog Cafe.”
A trademark gives you exclusive ownership over your business name. In addition, trademarks allow you to stop businesses from selling products under your name. They do not give you the ability to sue someone for using your name illegally.
Why You Should Check if a Business Name is Available
Trademark law prohibits businesses from using names that are confusingly similar to those used by competitors. In fact, it’s illegal to call your business something that sounds like a famous brand unless you’ve been granted permission to do so. This rule applies even if you’re just starting up a small business. Here are three reasons why you should check if a business name is available before choosing it.
1. Confusion Can Be Costly
When people see your business name, they often think about how much they’d like to buy products or services from you. But if they believe there’s already a business operating under that same name, they might assume that you’re trying to steal customers away from them. And if they feel that way, they might avoid doing business with you altogether.
2. Your Brand Is Important
Your brand identity is important because it helps consumers identify your business. When your brand is strong, it makes it easier for potential clients to trust you. A good brand gives you credibility and builds customer loyalty.
3. Legal Protections Are Essential
If you pick a name that infringes on someone else’s trademark, you could end up facing costly lawsuits and fines. Even worse, you could lose your business entirely. So make sure you know what you’re getting into before you start calling yourself “The World Famous Restaurant.”