commerical law topic no. 21

business names


personal names

	can be used as the name of the owner of assets, in contracts, etc.
	can be a signitory to contracts, bank accounts etc (i.e. the person physically signing cheques etc)


company names

	can be used as the name of the owner of assets, in contracts, etc.


trademarks

	a symbol or name of a product.
	a trademark name is not used as a party to contracts, bank accounts etc.
	can't be used by other parties in their own advertising
	can be registered in order to provide extra legal protection, i.e. registered tm


business/trading names

	used in advertising, on letterheads and cards etc
	cannot be used as the name on contracts etc.



summary

				physical 	can own assets,
				human		appear on contracts
				being		etc

personal name			Y		Y
company name			N		Y
trademarks			N		N
business/trading names		N		N



e.g.

personal name			John Jones

company name			JSJ Enterprises Pty Ltd

trademarks			Spring Mountain Cola

business/trading names		Southeastern Importers



