INTRODUCTION TO BUSINESS LAW

Introduction to business law

Introduction to business law

Part A

The business which I intended to start is to develop an ice cream parlour. The ice cream business will be operated in a sole proprietorship (James, 2012, pp. 472-480). Due to hotter environment of the country people are more focused towards taking frozen desserts and therefore ice cream business is among the main industries of Australia. The business will sell a variety of ice cream flavours with various desserts and shakes prepared with ice cream and other beverages. The ice cream shop consists of small shop initially with a total staff of 5 persons. Among these 5 employees, 2 will be preparing ice cream, 1 will serve as a cashier and 2 will be table man or waiter.

As it is a small business therefore more appropriate structure will sole proprietary business.

In Australia, Australian Securities and Investment Commission (ASIC) is the government agency that is associated with regulation of businesses. It is found that various other structures are not appropriate because of their requirement. As ice cream business is related to a small business and there are different obligations for different structures (business.gov.au, 2013). For instance, there are requirements for business that are certain requirements for businesses registered under Corporations Act 2001 and Business Name Registration Act 2011 for having an appointed director and company secretary and the age of the director of the business must be at least 18 years old and generally he lives in Australia. Therefore selection of proprietary business seems more relevant as it does not require any company secretary for business. Therefore, it can reduce the overall cost and obligations to the business (Gibsonn & Fraser, 2013, pp. 151-170). To such small scale it is found that proprietary business is more relevant and appropriate.

The name suggested for the business will be Ice Cream Korner.

No, business name cannot be used as a trademark. Generally trademark is used to differentiate one business's product or services from other traders. Trademark is referred to a right and it can be approved against number, logo, letter, sound, shape, smell, picture, word, any aspect of packaging or phrase. It is notable that it is enforceable by law and it provides exclusive rights for commercial use, licensing and selling of goodsthat are registered under that trademark. There is a restriction on symbols and signs that cannot be used for trademark. According to the treaty regarding treatment of intellectual property that is known as Paris convention. These symbols include flags, armorial bearings, official signs, name or abbreviation of any international organization, emblems, and hallmarks. However, trademark could be an effective tool for marketing (IP Australia, 2013). Customers can associate certain expectation from services or product that are having same trademark. It is also notable that the worth of trademark increases with an increase in reputation of the product (Turner & Trone, 2013, pp. 550-590).

After deciding the name of the company, there are several considerations that involves in the name of the ...