One of the most crucial choices you will make as a business owner is the name of your enterprise. It’s crucial that you pick a name that is both memorable and distinctive. What would you do, though, if you discover that the name you’ve picked out for your business is already protected by a trademark? When a company is registered, is the name protected?
A company’s registration is not the same as a name’s trademark filing. The process of formally creating your firm is called incorporation. Your firm name is not protected in any way by it. A trademarked name may be used to register your business, but that does not grant you the right to utilize the name. Should my company or I be the trademark owner?
It is always preferable to register your trademark under the name of your business rather than your name. You can run into legal problems if you decide to sell your company if the trademark is registered under your own name. On the other hand, it will be simpler to transfer ownership of the trademark to the new owner if it is registered in your company’s name.
No, a name cannot be copied without paying a fee. Only original works of authorship that are permanently fixed in a physical medium are eligible for copyright protection. A name cannot be protected by copyright because it is not an original work of creation. Why Would You Trademark Your Company Name? Having your company name trademarked gives you legal protection. It grants you the sole right to refer to your goods or services using your company name. You may increase consumer loyalty and brand recognition by trademarking your company name. It stops other people from utilizing your name, which could be confusing for customers.
In conclusion, you should think about changing your company’s name if you learn that it has already been trademarked. It is crucial to pick a distinctive name that can be registered as a trademark. Having your company name trademarked gives you legal protection and advances brand recognition. It is always preferable to register your trademark in the name of your business as opposed to your name.
There are two different types of intellectual property protection: copyright and trademark.
Books, music, and other creative works of art are all protected by copyright. It grants the author the sole right to duplicate, transfer, and exhibit their works.
A trademark, on the other hand, is a term, phrase, symbol, or design that identifies and sets one company’s goods or services apart from those of others. Consumers can recognize and differentiate between various brands and items in the marketplace because to trademark protection.
In conclusion, copyright safeguards artistic creations whereas trademarks safeguard company names and emblems.