Home – New Forums Starting your journey form a new business, start company or trademark brand name? which to choose?

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  • #978126
    paperdoll
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    i have just started my retail fashion business and i am now looking to expand into designing and getting my own items manufactured for me to sell. I Don’t want my fashion label to have the same name as my retail store. My question is, how do i start a new brand within my business without having to start a company or an entirely new business? can i just trademark the brand name? does this have any implications on my business insurance? Thanks for any help in advanced!

    #1104894
    Kennethti
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    paperdoll, post: 116331 wrote:
    i have just started my retail fashion business and i am now looking to expand into designing and getting my own items manufactured for me to sell. I Don’t want my fashion label to have the same name as my retail store. My question is, how do i start a new brand within my business without having to start a company or an entirely new business? can i just trademark the brand name? does this have any implications on my business insurance? Thanks for any help in advanced!

    Sounds like all you need is a registered trade mark. A registered trade mark doesn’t need to require a new business name or a new company (unless you want to start a new company for asset protection purposes).

    A registered trade mark is not a new business and it’s more of an asset rather than a risk. For example, the Coca Cola company owns both the “Coca Cola” mark as well as the “Sprite” mark.

    Of course, it could be that you’re looking to start an entirely new business. You might want to do this for asset protection purposes or to distingush or to keep the two businesses separate. This might be your goal – to ensure that losses suffered by the design side do not affect the retail side. If that’s the case then you will need to start a new company (and possibly register the trade mark with the new company).

    If you need more help, just give me or a trade mark attorney a call. There’s usually a few of us hanging around the forums.

    #1104895
    JacquiPryor
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    If it helps you to determine whether you need to arrange a new company/business name to match the label – will consumers believe they are doing business with “Fashion Label Name” or will it be clear they are doing business with “Retail Fashion Business”? If the label will trade separately, then at the least a business name would be required (which can be owned by your existing company rather than be an entirely separate entity).

    Otherwise, I “ditto” Kenneth’s advice that it really sounds like you just need to register the trademark, which can come under your existing company’s ownership. (Note though that a business name cannot own a trademark, so if your retail business is not a company/incorporated body, then you may need to own the trademark in your own name; If your retail business also uses a distinctive name, it may also be registered as a trademark for protecting its name).

    All the best :)

    #1104896
    TheGoldenGoose
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    Hi! :)

    A trademark sounds best. If in doubt, I can thoroughly recommend Aspect Legal (http://www.aspectlegal.com.au) – who are awesome with that sort of advice.

    Best of luck!

    #1104897
    james@roadcamel
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    Yeah, just sounds like a trademark’s all you’d need. If you’re just starting out, I wouldn’t bother with formal structures like companies and such – it’d get too messy to begin with – think about that later down the track when it becomes necessary. These sorts of things seem to be pretty dependent on what your business is, but for what you’re doing.. eh! :D

    James

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