There used to be a bit of confusion over whether or not registration of a business name implies some sort of ownership over that name.
Well, it doesn’t.[i] A person cannot use registration as evidence that they own that business name either[ii].
So for example, if you have registered a fried chicken business with ACRA and you have somehow managed to register it as “Kentucky Fried Chicken” you can’t use this to show that you own the business name. On the contrary, ACRA can direct you to change your business name.[iii]
Thing is, you really shouldn’t be using a business name (or a corporate name for that matter) which is similar to some well-known brand, unless at a bare minimum you’ve gone through the following thought process:
[i] Section 10(1), Business Names Registration Act 2014(No. 29 of 2014)
[ii] Section 10(2), Business Names Registration Act 2014(No. 29 of 2014)
[iii] Section 17(4), Business Names Registration Act 2014(No. 29 of 2014)
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