The most expensive assumption in branding
Most disputes over a brand name start with the same sentence: “But we registered the business name.” It is an understandable belief. You filled in a government form, paid a fee and received a certificate with your name on it. It feels like ownership.
It is not. In Australia, registering a business name with ASIC lets you trade under that name. It does not give you exclusive rights in it, and it does not stop someone who already owns a registered trade mark from objecting to your use.
Four registrations, four different jobs
| Registration | What it does | What it does not do |
|---|---|---|
| Business name (ASIC) | Lets you trade under a name other than your own | Give exclusive rights or stop others |
| Company name (ASIC) | Identifies a company on the register | Give rights in the name as a brand |
| ABN | Identifies your business for tax and dealings | Anything to do with your brand |
| Domain name | Secures a web address | Stop a trade mark owner objecting to the brand |
| Registered trade mark | Gives exclusive rights for the registered goods and services | Cover goods or services outside the registration |
What a registered trade mark adds
A registered trade mark gives the owner the exclusive right to use the mark, and to authorise others to use it, for the goods and services it covers. It can be used to stop others using the same or a deceptively similar sign in that area of trade, it is a property right that can be sold or licensed, and it is visible on the public register, which deters competitors who search before they launch.
Unregistered rights can exist through use and reputation, but they are slower and costlier to prove. Registration is the clearer path.
The right order of operations
- Search the trade marks register for the name and its variants.
- Check distinctiveness: is it a name that can function as a trade mark?
- Then register the business name, the company name and the domain.
- File the trade mark in the classes you actually trade in.
Done in this order, the cheapest step comes first and catches the most expensive problems.
This guide is general information about the Australian trade mark system, not legal advice for your situation.
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