Many business owners assume that once they’ve registered their business name, the name is theirs. It isn’t. A registered business name only means you’re allowed to trade under it. It doesn’t stop anyone else from using the same or a similar name. The tool that does is a registered trade mark.
Business name, company name, domain name, trade mark
These are often confused:
- A business name is registered with ASIC so customers can see who is behind the business. It gives you no ownership of the name.
- A company name works the same way. It identifies the company, but it doesn’t give exclusive rights.
- A domain name is licensed to you for as long as you keep paying for it. It protects that web address, not the brand.
- A registered trade mark, granted by IP Australia under the Trade Marks Act 1995 (Cth), gives you the exclusive right to use the mark for the goods and services it covers, anywhere in Australia, and the right to stop others using something deceptively similar.
What you can register
You can register a word (your business or product name), a logo, or both. Registering the word on its own usually gives the broadest protection, because it covers the name however it’s presented. Each registration covers particular classes of goods and services, so think about what you sell now and what you’re likely to sell in a few years.
Check before you commit
Before investing in signage, packaging or a new website, search the trade marks register for similar marks in your area of business. It’s far cheaper to change a name at the start than to rebrand after receiving a letter from someone who registered first. A quick search is useful, but a proper clearance check looks for similar marks, not just identical ones.
Once it’s registered
A registered trade mark lasts 10 years and can be renewed indefinitely, as long as you keep using it. Keep records of how and when you use it, use the ® symbol only once the mark is registered, and act early if you see someone using something similar. Most disputes are resolved quickly at the start and become expensive if they’re left to run.
Quick checklist
- Don’t rely on your business name or company name for protection
- Search the register before you launch or rebrand
- Consider registering the word mark first
- Choose classes for what you sell now and plan to sell soon
- Diarise the renewal date
- Act early if someone copies you
