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October 14, 2015 at 1:15 am #993022
I’m a bit confused about business names and trading names. I already have a business for which the business name is registered as Guava Creations. However I have just started producing handmade soap and want to trade as Guava Handmade Soap (under the Guava Creations banner, so to speak). Can I do this, or do I have to register “Guava Handmade Soap” separately?October 14, 2015 at 1:22 am #1189389NickKaroMember
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You will need to register the separate name to trade under that name.
NickOctober 14, 2015 at 7:03 am #1189390
Thanks Nick for clarifying that. I was hoping I could use the Guava Handmade Soap name, but it doesn’t look like that’s the case. Could I trade under Guava Creations and name my products Guava Handmade Soap though?October 14, 2015 at 10:33 am #1189391GuestMemberMember
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Hi Vickie. You can use a brand name and have the legal entity on all literature, payments, website, etc. So if you look on Palmolive soap, there will be a legal entity on there in the small print. You’re dealing with ‘The Colgate-Palmolive Company’ or something like that if you have a complaint, etc. If they called it that, however, people would brush their teeth with it!October 14, 2015 at 11:24 pm #1189392
Thanks Paul, appreciate your advice. So I can use Guava Handmade Soap as a brand name under the Guava Creations registered business name. I suppose to protect the brand name that’s when I’d have to have it registered as a brand, or trade-marked (although I’m nowhere near that stage yet!).October 15, 2015 at 1:44 am #1189393GuestMemberMember
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Yes, because that’s just a product Vickie. The business is the legal entity that the product is bought from. But if you were to ‘trade as’ the new name, then you’d follow Nick’s advice. My legal entity is Trade Secrets International Pty Ltd. But I think that would scare people off! So on the website, etc, we’re simply Trade Secrets. In the Terms, you’d see the full name of the entity you’re doing business with.
The only other thought I had was whether Guava Handmade Soap was the ingredient or whether the customer might reasonably think,”oh, so this soap is being handmade by a company called Guava”. I’m not well-placed to know whether there are any legal issues in that ambiguity. You could seek further advice or look for perfectly matching precedents from big companies who should have good legal advice.
If you look at Imperial Leather soap, the registered company is PZ Cussons Australia Pty Ltd (Guava Creations), the Company/Brand as it appears on the front label is simply ‘Cussons’ (Guava?) and the specific brand of the soap is Imperial Leather (Guava Handmade Soap).
It’s an interesting one!
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