Business name registration vs trade mark registration

protect-your-business-name

Congratulations, you have chosen a business name and registered it through the ASIC website. Now you have the legal rights to stop anyone else using your business name.

Wrong.

A business name registration through ASIC is compulsory, but it does not give you any legal rights. In fact, only a registered trade mark gives you legal rights and therefore protect your business name.

Even more so, a business name registration through ASIC will not protect you from infringing registered trade marks of others.

 

Trade mark register vs ASIC register

On the one hand, there is the business name register administered by ASIC. On the other hand, there is the Australian trade mark register administered by the Trade Mark Office. However, there is no link between these two registers. As a result, if a business name is available in the business name register, it does not automatically mean that the trade mark is available.

 

Be proactive

Do your research! Even before choosing a business name and registering it through ASIC, do a search on the trade mark register to make sure that the trade mark is available and you won’t infringe anyone else’s trade mark.

If this feels daunting, please feel free to contact us for a quote to do this for you.

Also, make sure you choose a distinctive business name that serves as a badge of origin for your business. As you may know, you cannot trade mark business names that are too descriptive of the nature of the business. As an example, Plumbing WA is not a great business name and you won’t be able to get a valid and registered trade mark for it.

 

Protect your business name

You have done your research – tick. You have chosen your business name – tick. You have registered the business name through ASIC – tick. Now get your business name registered as a trade mark.

The registration of a trade mark gives you the exclusive right to stop others from copying your business name. Moreover, you could even stop others from using a business name that is similar to yours. A trade mark is registered in one or more of 45 product and service classes. We will help you selecting the appropriate classes for your business.

 

Marketing | SEO & SEM

If you have been around the block for a while, you know that your competitors will target you and try to steal customers away from you. Some go to the extent that they launch Google and Bing ads that directly target your business name. If you have a registered trade mark, it is easy to remove these ads. You can file a complaint directly with Google or Bing, and they will make sure that the infringing ad is removed. The same applies to most Social Media platforms, such as Facebook and Twitter.

 

 

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Disclaimer: the blog posts on this page provide information for the interest, education and entertainment of readers. The opinions and information provided do not comprise specific legal advice. Your use of the blog posts does not create an attorney-client relationship between you and any author of the blog posts. The blog posts are not intended, and should not be used, as a substitute for competent legal advice, based upon your own specific circumstances, from a qualified professional in your jurisdiction.