Legally Literate

Episode #2: What's in a name?

October 09, 2022 Legal Literacy Foundation Season 1 Episode 2
Episode #2: What's in a name?
Legally Literate
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Legally Literate
Episode #2: What's in a name?
Oct 09, 2022 Season 1 Episode 2
Legal Literacy Foundation

Why is it important for a business owner to understand the difference between registering a business name and registering a trademark? Why might you be hit with a costly lawsuit if you don’t do your due diligence?

There are a number of issues that arise for small business owners when it comes to intellectual property law, and the crossover with consumer law.

Why talk about business names and then delve into the law of trademarks and consumer law? That's because the first step usually taken by a business when starting up is to register their business name. But when you register your business name, you have to think about much more than just the name itself.

In this episode, you’ll learn:

  • What is a trade mark.
  • Why a business name isn’t a trade mark.
  • The cross-over between trade mark law and consumer law, and another legal action called passing off.


We’ll also give you an insight into some of the most common legal issues encountered by small business owners and why we think the job of a lawyer is often misunderstood.

Show Notes

Why is it important for a business owner to understand the difference between registering a business name and registering a trademark? Why might you be hit with a costly lawsuit if you don’t do your due diligence?

There are a number of issues that arise for small business owners when it comes to intellectual property law, and the crossover with consumer law.

Why talk about business names and then delve into the law of trademarks and consumer law? That's because the first step usually taken by a business when starting up is to register their business name. But when you register your business name, you have to think about much more than just the name itself.

In this episode, you’ll learn:

  • What is a trade mark.
  • Why a business name isn’t a trade mark.
  • The cross-over between trade mark law and consumer law, and another legal action called passing off.


We’ll also give you an insight into some of the most common legal issues encountered by small business owners and why we think the job of a lawyer is often misunderstood.