Question 10 of 10

What happens to the name?

The brand normally transfers with the business, along with the domain and any trademark registration. Where the brand carries the owner's own name, that raises a question worth settling early: whether the name may continue to be used, and whether the seller may use it again elsewhere.

A non-compete clause usually covers this, and its scope, duration and geography are negotiable.

Where registrations were never made, the moment before a sale is the moment to make them. A brand without a registration is harder to warrant and easier to dispute.

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