One of the most crucial choices you will make as an entrepreneur is the name of your company. It establishes the tone for your brand and gives potential customers their first impression of you. But it can also be a difficult undertaking, especially when you take the legal implications of naming a child into account. How distinctively different must a business name be is one frequent query.
This question does not have an obvious solution. In general, a business name cannot be identical to or excessively similar to an existing name because doing so may confuse customers and violate the rights of the existing business. However, the definition of “too similar” can vary and depend on a number of variables, including the business, the geographical location, and the precise words used in the name.
A name search can be done on the Companies House website in the UK to see if the chosen business name is already in use to make sure it is distinctive enough. You will need to adopt an alternative name or change your original name to make it unusual enough if the name is already registered. It is crucial to understand that trademark protection does not come standard with business name registration with Companies House.
Protecting your brand’s name and identity is essential, and trademark protection often necessitates a distinct application procedure. The cost to register a trademark with the UK’s Intellectual Property Office (IPO) can range from £170 to £200 per class of products or services. On the other hand, unregistered trademarks can still offer some protection if you’re on a tight budget.
You can still take certain actions to protect your company name even if you’re not ready to spend money on a trademark. For instance, even if your name isn’t registered, you can use the TM symbol to say that you consider it to be a trademark. You can also regularly scan the internet for examples of firms using your name or a name that sounds similar to it.
In conclusion, selecting a company name involves considerable thought to make sure it is distinctive enough to stand out while yet being legal. Make sure to carry out a name search to see if any names are already taken, and think about requesting trademark protection to secure your brand. Even while it might seem like a lot of work, investing the time and money now can prevent you from having to pay for expensive legal disputes later on.
No, there cannot be two trademarks with the exact same name. A trademark must be distinctive and specific to the company utilizing it in accordance with trademark law. If a trademark with the same name has previously been registered, this could confuse consumers and violate the rights of the first trademark holder. However, if they are utilized in several industries or have various identifying characteristics, it is possible that similar names can coexist in some circumstances. In the end, it is determined by the particular conditions and legal requirements.
Business names can indeed be protected by copyright. It’s crucial to keep in mind that copyright protection only covers the unique creative expressions employed in business names, like a distinctive logo or tagline. The words used to describe the goods or services offered, or the actual name of the company, cannot be protected by copyright. Instead, if they are utilized to identify and distinguish the source of the goods or services that the firm is offering, they might be protected under trademark law.