Reading time: 4 minutes

As a business owner you must ensure that the business name you are using is properly protected in order to avoid a long and stressful litigation battle.

How Do I Register My Business Name?

Once you have determined a prospective business name you must ensure that this name is not currently registered as a business name or as a trademark. By conducing a search through ASIC Connect, you will be able to determine whether your prospective business name is currently registered with the Australian Securities and Investment Commission (ASIC). If your prospective business name is available with ASIC, this is great news. As a business owner, your next step is to ensure that your business name is not registered as a trademark. A business owner can check if a trademark has been registered by conducting a search though IP Australia’s TM Check. If your prospective business name has not been registered as a trademark, you are in a good position to have your prospective business name legally protected.

Do I Need to Register my Business Name With ASIC and as a Trade Mark?

Registering your business name through ASIC is a legal obligation, however, it will not give you any legal rights over your business name. Protecting your business name’s intellectual property (IP) rights must be done separately. As a business owner, you must register your business name as a trademark in order to protect its IP rights. Therefore, registering your business name will give you priority over a business name that has already been registered as a trademark. 

How Do I Register My Business Name as a Trade Mark?

Registering your business name in compliance with the Trade Marks Act 1995 will allow you to commercially use, licence or sell your trademark for the class(es) of goods or services it is registered under. Your trademark will be viable for a ten-year period. You will have the option to renew at the end of the ten-year period by paying a renewal fee. Registration will only protect your business name in States and Territories within Australia. In order to have your business name protected outside of Australia, you must register your business name as a trademark in the country of your choice. With the increasing use of the Internet, business owners should look into registering their trademarks in other countries, such as the United States. As a business owner, you will be protecting your business name should you choose to scale your business globally. 

Who Can Apply to Register a Trade Mark?

In order to apply for a trademark, the owner must be one of the following:

  • an individual;
  • a company;
  • an incorporated association;
  • a combination of these;
  • a trust (application must be in the name of the trustees);
  • a corporation ( must be in the corporation’s name). 

Who Cannot Apply for a Trade Mark?

A business name or a trading name cannot apply for a trademark. 

Is Your Trade Mark Going to be Approved?

In order for your trademark to be approved, you must ensure that it does not conflict with any other trademark. In accordance with the Trade Marks Act, if your trademark is not distinguishable based on your goods or services, your trademark will not be accepted. One of the main determining factors of whether or not an application for trademark registration will be accepted is whether another business owner in the same industry would need to use the same trademark in relation to their own goods and services in their ordinary course of business. This test is used in order to ensure that you or any other business owner in the same industry does not have an unfair advantage. For example, typically, a business will be prevented from registering a geographical location as a trademark because it is too descriptive in nature, and other businesses may also elect to describe their products by their origin.

Key Takeaways

To ensure that your business name is protected, contact one of our specialists and register a trademark. Our legal team will ensure that your business name is properly registered in the ASIC registry, as well as assist your business with having your trademarks registered.


Redundancies and Restructuring: Understanding Your Employer Obligations

Thursday 7 July | 11:00 - 11:45am

If you plan on making a role redundant, it is crucial that you understand your employer obligations. Our free webinar will explain.
Register Now

How to Sponsor Foreign Workers For Your Tech Business

Wednesday 13 July | 11:00 - 11:45am

Need web3 talent for your tech business? Consider sponsoring workers from overseas. Join our free webinar to learn more.
Register Now

Advertising 101: Social Media, Influencers and the Law

Thursday 21 July | 11:00 - 11:45am

Learn how to promote your business on social media without breaking the law. Register for our free webinar today.
Register Now

Structuring for Certainty in Uncertain Times

Tuesday 26 July | 12:00 - 12:45pm

Learn how to structure to weather storm and ensure you can take advantage of the “green shoots” opportunities arising on the other side of a recession.
Register Now

Playing for the Prize: How to Run Trade Promotions

Thursday 28 July | 11:00 - 11:45am

Running a promotion with a prize? Your business has specific trade promotion obligations. Join our free webinar to learn more.
Register Now

Web3 Essentials: Understanding SAFT Agreements

Tuesday 2 August | 11:00 - 11:45am

Learn how SAFT Agreements can help your Web3 business when raising capital. Register today for our free webinar.
Register Now

Understanding Your Annual Franchise Update Obligations

Wednesday 3 August | 11:00 - 11:45am

Franchisors must meet annual reporting obligations each October. Understand your legal requirements by registering for our free webinar today.
Register Now

Legal Essentials for Product Manufacturers

Thursday 11 August | 11:00 - 11:45am

As a product manufacturer, do you know your legal obligations if there is a product recall? Join our free webinar to learn more.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards