Best Name For Your Business
Best Name For Your Business
If this is the case, any attempt to register the name will result in opposition proceedings at the Trademark Registry from the owners of the existing trademark rights.
Companies are then faced with the difficult decision of either renaming the business and wasting the initial investment in design and print costs, or facing legal action, and risking the loss of financial and management resources during the critical start-up period.
This easy-to-use website will tell you if there is already a trademark or trademark application for your chosen name or a similar one, and provides a good overview of intellectual property rights and regulations.
Your Website
Another regular problem which arises for new businesses is the registration of a website domain name by a third party that incorporates your trademark.
This can be difficult to remedy, particularly if the third party does not respond to correspondence.
This wait can be damaging if you are losing potential customers who are being sidetracked by domain name similar to your own.
To ensure you avoid this problem, register your domain name as soon as you can. The process is relatively cheap so it's worthwhile considering registering not just the site name you want to use, but similar words or abbreviations for your site, too.
This avoids the problem of rival companies registering domain names that use the initials of your business, which can mislead customers and threaten your business's reputation.
A good example of this is a recent case involving Manchester United striker Wayne Rooney. Rooney approached the World Intellectual Property Organisation to prevent another person from using his name as a web domain name.
The third party in this instance had registered himself as the owner of the domain names WayneRooney.com and WayneRooney.co.uk.
Trademarks
It's important to remember that you can make money if you register your trademarks.
You are not only entitled to costs and damages if a third party infringes those rights, but you may be in a position to grant a licence for future use by the third party.
You are well advised to:
Register your trademarks to maximise your legal protection;
- Use the * and ® notices correctly on your brand names;
- Get free publicity by making sure your licence agreements require your licensees to print on all your licensed products or their labels the words ‘used under licence from [your name]';
- Conduct trademark searches before printing your stationery, to make sure you are not infringing an existing trademark.
Copyright
Use the © notice and date on which your work was originally created; post yourself a copy of the original, dated and signed copyright work and keep it safe; ensure that any licensees are obliged to include a ‘used under licence from [YOU]” notice by including this obligation in their licence agreement; and make sure you do not copy works that are copyright protected, unless you have prior authorisation from the copyright owner.
Design rights
Register if you can – this gives you a monopoly right and costs very little to do. There have been recent changes to what can be registered and ‘originality' (novelty and individual character) is no longer a requirement, as of 1 October 2006.
Certain design rights may exist automatically without registration being necessary, but this does not mean you cannot require a licence fee if a third party wishes to use your design.
Best Name For Your Business - To learn more about this author, visit Timur Sultanov's Website.
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Very often, start-up companies spend large sums of money preparing signage, stationery, uniforms and advertising, only to find that a trademark registration (or application) for their chosen name already exists.
If this is the case, any attempt to register the name will result in opposition proceedings at the Trademark Registry from the owners of the existing trademark rights.
Companies are then faced with the difficult decision of either renaming the business and wasting the initial investment in design and print costs, or facing legal action, and risking the loss of financial and management resources during the critical start-up period.
This easy-to-use website will tell you if there is already a trademark or trademark application for your chosen name or a similar one, and provides a good overview of intellectual property rights and regulations.
Your Website
Another regular problem which arises for new businesses is the registration of a website domain name by a third party that incorporates your trademark.
This can be difficult to remedy, particularly if the third party does not respond to correspondence.
This wait can be damaging if you are losing potential customers who are being sidetracked by domain name similar to your own.
To ensure you avoid this problem, register your domain name as soon as you can. The process is relatively cheap so it's worthwhile considering registering not just the site name you want to use, but similar words or abbreviations for your site, too.
This avoids the problem of rival companies registering domain names that use the initials of your business, which can mislead customers and threaten your business's reputation.
A good example of this is a recent case involving Manchester United striker Wayne Rooney. Rooney approached the World Intellectual Property Organisation to prevent another person from using his name as a web domain name.
The third party in this instance had registered himself as the owner of the domain names WayneRooney.com and WayneRooney.co.uk.
Trademarks
It's important to remember that you can make money if you register your trademarks.
You are not only entitled to costs and damages if a third party infringes those rights, but you may be in a position to grant a licence for future use by the third party.
You are well advised to:
Register your trademarks to maximise your legal protection;
- Use the * and ® notices correctly on your brand names;
- Get free publicity by making sure your licence agreements require your licensees to print on all your licensed products or their labels the words ‘used under licence from [your name]';
- Conduct trademark searches before printing your stationery, to make sure you are not infringing an existing trademark.
Copyright
Use the © notice and date on which your work was originally created; post yourself a copy of the original, dated and signed copyright work and keep it safe; ensure that any licensees are obliged to include a ‘used under licence from [YOU]” notice by including this obligation in their licence agreement; and make sure you do not copy works that are copyright protected, unless you have prior authorisation from the copyright owner.
Design rights
Register if you can – this gives you a monopoly right and costs very little to do. There have been recent changes to what can be registered and ‘originality' (novelty and individual character) is no longer a requirement, as of 1 October 2006.
Certain design rights may exist automatically without registration being necessary, but this does not mean you cannot require a licence fee if a third party wishes to use your design.
Best Name For Your Business - To learn more about this author, visit Timur Sultanov's Website.
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David BarrDavid Barr is the President of Venture Opportunities, Inc. David has been a professional business broker/intermediary since 1980 focusing on General Business Brokerage and Mergers and Acquisitions representing client transaction value from $400,000 to $20,000,000. Mr. Barr has handled the sale of over four hundred and fifty companies. David earned a university degree from the State University of New York majoring in economics and business. David holds the Mergers and Acquisition Master Intermediary and the Certified Business Intermediary designations from the International Business Brokers Association. He is also a Senior Business Analyst and a Texas licensed Real Estate Agent. For more information about David and Venture Opportunities, visit www.bizdealmaker.com. - Visit David Barr's Website |
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Jeff FosterWebBizIdeas.com is a Minneapolis website design company founded to help people start an internet business by providing them with website, business, and internet resources that help foster the growth of successful online businesses and develop innovative Internet business ideas. We specialize in internet consulting & internet marketing. - Visit Jeff Foster's Website |
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David AchesonDavid Acheson is the founder of DCJA Consultancy. DCJA Consultancy is a management consultancy business specialising in B2B sales consultancy. They offer bespoke and packaged sales consultancy including Sales Optimisation Review, Interim Sales Management, Sales & Marketing Review, 1:1 Sales & Management Staff Analysis, Management Training, Solution Sales Training, Creation of New Pay Plan, KPI's, run Customer Feedback Campaigns, assist with Recruitment, Coaching, Appraisals and set up Strategic Marketing Campaigns. David spent his early career in accountancy and then moved into sales in 1982, working in Office Equipment, IT, Advertising, Training, Outsourcing and Consultancy. He has held many Senior Positions in SMBs and Global Organisations including Head of Sales Operations & Head of Business Development. His knowledge, skills and great experience of the Sales Industry has led to David making keynote speeches and running educational sessions to key businesses through organisations including The Chamber of Commerce and Business Link. - Visit David Acheson's Website |
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Cheryl MatthynssensCheryl is a life skills coach, licensed Chemical Dependency Counselor and a 20 year entrepreneur. Cheryl's dedication to achieving a life of balance led to her expanding her teaching from the simple managing of life's daily challenges to adding financial well being as well. A direct marketer with DrinkACT, she is gaining ground in the online community with her concepts of making sure business owners, entreprenuers and employees have well rounded life styles. She opened up a small affiliate site - The Balance Guide- to help others find resources for mental and emotional well being. Visit Cheryl's blog to see more of the diversity beyond business she has began offering online at www.thebalanceguide.blogspot.com - Visit Cheryl Matthynssens's Website |
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Financial Loan for Your Business - EvanCarmichael.com expert Timur Sultanov discusses how to get a financial loan to start a new business. First step is to find a business that you think can be a heavy earner! Many people think of taking a loan as the hardest decision of their life.
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