What’s in a name? Difference between company name and trademark

Oct 26, 2018 | Trademark Blog

For those who have just registered their business, we are sure that you have gone through the process of finding a company name. Maybe you have consulted the Taiwan business database, and checked .tw domain names at the Taiwan domain name registration or some other registrar.

You might think it’s all done, but you’re not. You are missing one important point:  Trademark. You are now a legal entity with your own unique company name, you already have an online presence with a domain name, but you still fail to secure a distinguishable form of your business identity via a word mark, logo, or symbol. Company name, domain name and trademarks all require their respective registrations. They all have different purposes and will protect your business in different ways.

Let’s clarify the difference between a company name and a trademark.

When you register your company name, you prevent other businesses at the national level to use the same company name as you. Take note however that registering your business name doesn’t give you the full rights to the name – a trademark does.

A registered trademark provides a value of distinction to your product or service. If you have a logo, symbol, slogan, or a combination of these, they create a brand identity for your company in the long run, particularly because consumers can identify the source of the products or services they are buying.

When you register your trademark, it grants you the exclusive right to use that trademark with respect to the products or services it is registered for so be sure to register the right trademark class for it. If your trademark is registered, it will deter other parties from misrepresenting your brand and stopping identical or similar products or services from infringing your name. We have previously written about Baubax and its trouble with trademark squatters in China due to them failing to register its trademark first.

Some companies take years before registering their trademark. Some famous examples are McDonald’s and Windows which belongs for the trademark classes computers, tablet computers, belong to Microsoft Corporation. These brands were too generic to be eligible for a trademark until the companies had spent a fortune to make sure the customers firmly identified the company with the mark.

For a newer company with fewer resources, picking a brand that can be more easily trademarked makes more sense.

In today’s increasingly competitive scenario, thousands of small and big players challenge your brand. Therefore it is best to register your company name as well as your trademark so you are in a safe position to any impending legal, reputation, and economic effects.

MUSA Trademark is your Taiwan trademark agent. We are always ready to help you with your trademark related questions for Taiwan, China or around the world. Please feel free to contact us by using the form below:

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