Business names vs trademarks
Key points:
- Registering your business name with ASIC means you can run your business under a name that is not your own name. No one else can register an identical name.
- Only trademarks can give you exclusive rights to a business name. You may want to register a trademark.
Business names
A business name is the name your business operates under. You need to register a business name if you operate a business under a name that is not your own name.
Registering a business name means that you can carry on a business under that name. No one else can register a name that is identical or nearly identical.
Trademarks
A registered trademark is a type of intellectual property (IP) that can protect your brand, products or services. You can register a trademark for things like words, logos, shapes and images. Trademarks are registered with IP Australia.
Only a trademark can give you exclusive rights to use your trademark.
Register a trademark for your business
If you want exclusive rights to use your business name, a trademark can protect the name.
Registering a trademark deters other businesses from using words and expressions that are nearly identical or similar in their business names.
You will still need to register the business name with ASIC even if you have a registered trademark to protect your business name.
Trademarks registered by other businesses
Registering a business name that is someone else’s registered trademark may lead to legal problems. You should check your proposed business name does not use trademarked words or expressions before you register it with ASIC.
Search or register a trademark
To search or register a trademark, visit IP Australia: