Many entrepreneurs are sure that if they registered a company with a certain name, or bought the domain, the name is “theirs”. In fact these are three different rights, each protecting something else.
Company name
Registration with the Registrar of Companies prevents another company from registering an identical or very similar name. It does not prevent another business from using the name as a brand for goods or services, and gives no trademark right.
Domain name
Registration gives control of the web address, not a right in the brand. On the other hand, the owner of a registered trademark can sometimes act against someone who registered a similar domain in bad faith, through domain dispute resolution procedures.
Trademark
Only a registered mark gives an exclusive right to use the name or logo as a brand for the chosen goods and services, and allows action against infringers. See trademark infringement.
How to align them
- Before choosing a name, check all three: availability as a trademark, a company name and a domain.
- Register the mark early, before launch and before investing in marketing.
- Buy the domain and social media handles at the same stage.
In whose name?
If the business operates through a company, it is usually better for the mark to be registered in the company’s name. When a founder registered it personally before the company was formed, it should be assigned to the company by agreement and the register updated. This is especially important with investors and on a sale. See trademarks for startups and setting up a company.
Where do you go from here?
A good trademark is chosen, checked and registered correctly from the start. At Paz Israel & Co. Law Office we support businesses, startups and entrepreneurs with availability searches, class selection, filing, responding to the examiner and oppositions, as well as registration abroad and enforcement against infringers. For more information see our trademark registration page, or contact us to schedule a meeting in Tel Aviv, Jerusalem or Modi’in.
This article provides general information, is correct as of the time of writing, and does not constitute legal advice or a substitute for reviewing your specific circumstances.