What do I do if someone trades under my business name?

What do I do if someone trades under my business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

What is the difference between company name and business name?

A Business name is easy to register. It has less formal legal requirements unlike a company. A business name can be formed by one or more persons i.e. sole proprietorship or partnership while a company needs a minimum of two persons as members as well as directors to be registered.

Can two business have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

When do trading names need to be registered?

The ABR display these names as trading names, but trading name records have not been updated since the national business names register commenced on 28 May 2012. Trading names do not meet the requirements of a registered business name. The name I want is not available. What should I do? Once I’ve registered, what do I need to do?

Is the NSW Fair Trading Public Register accurate?

Below are extracts of information held in public registers managed by NSW Fair Trading. The public registers are only as accurate as the information provided to us.

Can you trade under a different business name?

You can also trade using a different name to your registered name. This is known as a ‘business name’ or ‘trading name’. You’ll need to register your name as a trade mark if you want to stop people from trading under your business name.

Is it an offence to trade under an unregistered name?

It’s an offence to carry on business under an unregistered business name unless you trade under your own name such as Mary Jones. If you want your business to trade under a name that is different from your legal name, then you’ll have to register it as a business name.

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