What Happens If You Don't Register Your Business Name
Lets say you want to use the name Captain Marks Seafood and there is already a business in your state named Captain Macks Seafood. The only time when this is not the case is when you have been negligent or not acted as a director is legally obliged to.
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If youve been doing business in another area and someone else began using your name after the fact youll still need to establish that they are indeed harming your ability to do business by sharing your name.
What happens if you don't register your business name. Things to consider before you apply to cancel step-by-step instructions to cancel your business name. Include a location or keywords in your domain name if you can. If your business is registered as a limited liability entity the worst that could happen is that ONLY your business will be responsible for paying the damages because it is a separate entity from you.
Once youve established that the duplicate use of your business name is bringing harm to your business gather documentation. Heres what can happen if you dont register your business name. If youre doing business under your own name youre not required to register.
The ASIC website provides information on. The simple answer is if you havent registered with the Secretary of State you can only do business in your own name. Registering your business name names of products and logos as trademarks means that you will have control over what you can use and represent in the marketplace as well as.
If you dont need your business name anymore youll need to tell the Australian Securities Investments Commission ASIC. If you decide that you dont want to register your trademark or will get around to it later its important that you understand the possible ramifications of not having this level of protection for your intellectual property. If you do offer a product or service in exchange for any kind of payment and you have not registered you automatically become a sole proprietorship.
The commercial response is that you may not have sufficiently deep pockets to be able to defend your position and insist on your legal rights. In some cases you dont need to register at all. The first search you will need to perform is a business entity name search which is typically on your States Secretary of State website.
The similar names can cause confusion with customers vendors and the public. You will register your trade name at the County Clerks Office in every County where you plan on conducting business. If you conduct business as yourself using your legal name you wont need to register anywhere.
The Registrar of Companies has authority to remove a company from the Companies Register if you havent complied with your obligations under the Companies Act 1993 or if your company has been liquidated or amalgamated with another company. A business owner should conduct due diligence to determine if any other business is conducting business using their proposed alternate name and that the alternate name is not violating anothers trademark. But remember if you dont register your business you could miss out on personal liability protection legal benefits and tax benefits.
However you should register with HMRC to let them know they should expect an annual self-assessment tax return from you. 7 benefits of registering a company name vs. However if you were running an unregistered business you may not be entirely safe.
This is the most important step in the process because if you try to file for a name that is already taken your filing will be denied. They cant sue you personally meaning you might lose your business but your pension plan personal home and any personal investments are protected. Consider these dos and donts from small-business owners and experts to help secure your companys domain name.
Its only if youre looking for a unique business name that registering as a sole proprietor becomes necessary. You dont need to register a company name if you are a sole trader. If you dont obtain a business license it is possible that the statecountycity could fine you force you to pay back taxes or simply shut you down - internet or physical business.
Once you register your business name as a sole proprietor youll immediately be. Sole trader 1 Pay lower tax.
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