Business Name Protection


When you are going into a business, it is vital to understand the difference between trade marks, business names and company names.


A trade mark identifies a product or a service, distinguishing it from other similar products or services. Registration of the trade mark gives the owner the exclusive right to use the trade mark for the goods and/or services for which it is registered. Registration of a trade mark is not mandatory but highly recommended.


A business name is a trading name only. Registration of a business name is mandatory unless the entity trades in a name of their own legal name (eg. personal name or company name).


A company name is also called a registered body. If you incorporate a company, you can choose a name as a company name not already registered with the Australian Securities and Investments Commissions (ASIC). As an alternative, you may use an Australian Company Number (ACN) (i.e. a unique nine-digit number) as a form of identification for your company name.


Note that registering a business or company name does not provide the name holder with any proprietary or enforceable rights to the name. So it’s important to consider registering your business name as a trade mark. It would also ensure your intended trading name does not infringe any third party rights.


We are experts in searching and registering trade marks and business names. We offer emerging businesses a fast and easy way of incorporation of company at an affordable price. Please see our Services for Emerging Businesses page.


For more information, call us today on +61 2 9233 1411 or send us an online enquiry.