Legal Advisory
What is the Reasonable Person Test?
The reasonable person test is a benchmark of behaviour for determining whether something is reasonable or not. The idea of a reasonable person is a made-up concept used to help
There are no intellectual property rights in a business name or a company name. Because of this, you may need to register a trade mark to protect a business or company name.
This article explores the concept of intellectual property as it relates to business names. Our intellectual property lawyer explains whether business names can be protected and how they can be protected.
Protecting a business or company name primarily involves registering it as a trademark, which safeguards brand identity and prevents consumer confusion
Unregistered business names can still be protected under the common law doctrine of passing off, which requires proof of goodwill, misrepresentation, and potential damage
The trademark registration process involves several steps, including search and clearance, application filing, examination, publication, and potential opposition
In a globalised market, businesses should consider international trademark registration strategies, such as the Madrid Protocol, to protect their names across multiple countries.
Incorporating a company or registering a business name does not equate to intellectual property protection; businesses must actively pursue trademark rights to secure their brand
Intellectual property refers to creations of the mind. Intellectual property includes:
The primary types of intellectual property are patents, copyright, trademarks, and trade secrets. Each type provides different kinds of protection, relevant to different types of intellectual creations.
Registering a business or company name on its own does not automatically entail intellectual property rights. However, it can generally be protected as a trademark.
A business or company name often functions as a brand or identity in the market. Under intellectual property law, the primary method of protecting such names is through trademark registration. Registering a business name as a trademark can provide it with legal protection.
A registered trade mark prevents others from using a name that could be confusingly similar, and therefore protects brand identity and consumer perception.
A business name or a company name may include a word or phrase which is a trade mark and is therefore protected by:
Registration of a business name as a trademark typically involves the following steps:
Apart from registered trademarks, business names may also be protected under the common law tort of “passing off.” This legal doctrine is designed to prohibit individuals or companies from misleadingly presenting their goods or services as those of another.
Passing off requires demonstrating that:
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