So you have a business name registered, you might even have a domain name registered, or a company name, but does that mean you’re safe from trademark infringement? Unfortunately the answer is no.
Trademark registration is the superpower of all of the registrations, so it doesn’t matter which ones you’ve got, if somebody else has a trademark registered and you’re using it on same or similar goods, you could be infringing their trademark. So remember, trademark registration is the superpower, merely having a domain name, business name, company name, is not going to help you, those are not rights that can be enforced against somebody else.
In fact, having those things registered is not a defense to trademark infringement, having your own trademark registered is a defense to trademark infringement in Australia, in New Zealand, and in many other countries. So I’m afraid your domain name, company name, and business name is not going to save you, and even having used the name for many years is not going to be a defense against trademark infringement. My name is Cathryn Warburton and I am the Legal Lioness.
