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Business Name or Trade Mark?

TurtleIn Australia, a brand can generally be registered as a trade mark, a business name or (in many cases) both.  There are very significant differences between these types of registrations and these differences are poorly understood.

Under Australian law, if a person (or company) is trading under a name which is different from the real name, that trading name must be registered as a business name.  The reason is so that members of the public can access the business names register and identify who is responsible for the business.

A business name registration is simply a statutory requirement.  It does not provide any legally enforceable rights.

A trade mark registration, on the other hand, is not mandatory – but it provides strong legal rights.  These rights enable the owner to prevent other persons from using the same or a similar name (in the same or a similar industry to that of the owner).

So, in essence, a business name registration is mandatory but provides no legal rights, whereas a trade mark registration is optional but provides strong legal rights.

Also, a business name registration can only relate to the name of a business, whereas trade mark registrations can also cover logos.

A trade mark registration also provides several other significant benefits – see Benefits of Trade Mark Registration.

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Brand Haven Legal

Brand Haven is an experienced, boutique brand consultancy and trade mark registration practice, directed towards the ‘legal’ aspects of creating, developing, protecting and maintaining brands and trade marks. 

Our Advantages

  • Highly Experienced
  • Approachable and Friendly
  • Personal Service and Tailored Solutions
  • Cost-effective and Affordable Fees
  • Free Initial Consultation

Contact Us

  • PO Box 681, Manly, NSW 1655, Australia
  • In Australia: 0448 224 464
  • Outside Australia: +61 448 224464
  • philip@brandhaven.com.au

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