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Protecting your business name

Nick Roberts • Feb 01, 2016
  • Form a limited company with your business name. This is OK up to a point (even if you still trade as a Sole Trader or Partnership because you can just keep the company dormant) but the law is weak in this area and there's absolutely nothing to stop other companies being formed with very similar names. For example, if you are called "Make Lots of Money Limited" it's OK for another to form a company called "Make Lots of Money 2013 Limited" - how annoying is that?
  • Multiple limited companies. A client in the UK tried to stop this by forming every conceivable combination of name similar to his such that he ended up with 25 companies! Worth a go maybe if you don't mind paying a lot of $45 Annual Return filing fees to Companies Office but still not foolproof!
  • Rely on "Passing Off" law. Google this for more information but essentially subject to certain factors applying you can use the law to try and stop competitors from using your business name or unregistered trade mark. It was quite common in the UK for lawyers letters to be issued threatening this and that and mostly the threat of your own lawyer's fees to defend your name was sufficient. This can be effective but also expensive with no guarantee of success.
  • Unregistered Trade Marks. Use "TM" with your business name, especially if you're going to register your name one day, as this will help protect you in a Passing Off situation. Include this on your letterhead and publicity material "ABC is a trade mark of XYZ Limited". Will they even notice the absence of the word "registered"?
  • Registered Trade Marks.  Now you might think this is going to save the day but not necessarily, because annoyingly, the New Zealand Intellectual Property Office won't register a business name alone as it's "not distinctive enough" - how silly is that? To register your business name then you have to add some other element to make it distinctive, like a logo, an image, a sound or a smell or make the writing heavily "stylised". That's all very well but isn't there a risk that a competitor uses your business name with a different logo or sound etc? Maybe but just having a registered trade mark will act as a significant deterrent. Include this on your letterhead and publicity material "ABC is a registered trade mark of XYZ Limited".
By Nick Roberts 03 May, 2016
High, low or somewhere in the middle? Where to pitch realistic charge-out rates is a common question facing trades, service and professional businesses.  In fact it's probably one of the most difficult areas of business. You have to be careful not to underprice as this will reduce profits, but at the same time, overpricing could turn customers away.  Setting charge out rates is just as important as marketing and delivering a fantastic service. You can do these two things excellently and then undo the lot by setting charge out rates too low or too high. This means pricing is a complex strategy that should be carefully undertaken and reviewed. Read more here
By Nick Roberts 11 Apr, 2016
Do you wonder sometimes why your Council rates are so high and what they do with all the money? Especially when you see Council workers (as hard working as I'm sure they are) using leaf blowers on the Havelock North to Hastings cycle path?  Finding the money to pay your rates is hard enough as it is, but when you're in business and you have a bad year it's even harder, so did you know you can get a rates rebate if your income drops below a minimum threshold? The threshold level varies depending on your income and situation, but for example, a household with an income of $30,000 and one or two kids could get a $600 rates rebate. And then, even better, you can take the kids to Splash Planet and get in cheaply with a copy of your rates bill!  For further details click here, or email Nick for help if you're not sure what to do next.
By Nick Roberts 04 Apr, 2016
n previous blogs we've talked about cutting ACC costs by switching to ACC Cover Plus Extra. However, you need to make sure that if you reduce the level of your ACC cover, that you have adequate life cover in the event of your untimely demise. This is because ACC pay out Fatal Death Benefits, the amount of which depends on your income for ACC purposes and the amount of the ACC payout can be very substantial.  A spouse is entitled to 60% of the 80% ACC entitlement for 5 years whilst children (via the spouse) will receive the benefits until they turn 18 at 20% each up to 40% in total. Take, for example, an earner on $80,000 income who dies an accidental death with a spouse and two children of 4 and 7. Collectively they will receive benefits of $1,049,600. If, on the other hand, the earner had reduced his ACC income to $22,464 the benefits would reduce to $368,410, a very substantial reduction indeed!  So, if you want to reduce your ACC premiums by switching to ACC Cover Plus Extra, you have three options: Take care not to die accidentally! Get adequate life cover Stay single without any dependants! If you need help with ACC, contact me at Accountancy + Business Advise Centre.  
By Nick Roberts 29 Feb, 2016
The availability of your annual financials is a wonderful opportunity to review your business performance. You can discover how to improve your business as well as refresh your enthusiasm and drive in the business. Click here to read seven ways you can use your annual financials to improve your business.
By Nick Roberts 22 Feb, 2016
Your annual financial statements have their uses, but by their very nature, they are far too historical to be of any use in managing or improving your business. The most valuable financial accounts you can get your hands on are interim accounts prepared periodically - monthly for larger businesses or quarterly or bi-monthly for smaller businesses in line with your GST return periods. There is a strong correlation between the availability of interim accounts and business survival.  Find out here what having interim accounts to hand means for you
By Nick Roberts 09 Feb, 2016
These are the four most common courses of action you can take if you can't pay your tax:
By Nick Roberts 25 Jan, 2016
p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 15.0px Helvetica; color: #3d596d; -webkit-text-stroke: #3d596d} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 15.0px Helvetica; color: #00aadc; -webkit-text-stroke: #00aadc} span.s1 {font-kerning: none} span.s2 {text-decoration: underline ; font-kerning: none} Preparing an annual cash flow forecast can tell you a lot about your business.  It can warn you with plenty of time to spare that you're not going to have enough cash to survive the next year without getting additional working capital - which is vitally important to know.  Or it could be the wake-up call you need to make some changes in your business. You might need to make a tweak or two, like increasing prices or shedding ineffective staff, or you could discover something more serious, such as you're in a twilight business and it's time to move on. Read more on how to prepare and read your forecast here.
By Nick Roberts 09 Dec, 2015
Just how much do you know about your business?  No, not about what you sell, or how you make or deliver your products and services, I mean the really important things that determine whether you're going to make it through to retirement or maybe even successfully selling your business. These are my top eight favourite things each and every one of us business owners should know about our businesses.
By Nick Roberts 06 Dec, 2015
I've said this before (and no doubt I'll say it again) but I'm always surprised at the lack of simple systems utilised in owner-managed businesses. Using the word "systems" can be off-putting because people immediately think it's going to be too complex, too costly or too time consuming but a system can be very, very simple. Using systems makes a huge difference to the way a business operate, read more here.
By Nick Roberts 30 Nov, 2015
Now you're probably thinking that the title of this article is a typing error but yes, you most certainly can improve your cash flow by paying your tax, even before it falls due, by using Tax Pooling. Read more on how you can use tax pooling to your advantage here.
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