A business name is not the same as a trade mark registration. A business name is a name or title under which a person or entity conducts their business. A trade mark is a sign used as a badge of origin which identifies the seller’s or manufacturer’s goods or the provider of services. Acquiring a business name registration is not the same as obtaining a trade mark registration. The distinction is important because a business name does not grant proprietary rights to the owner. What this means is that if your business name is not a registered trade mark you are not entitled to its exclusive use nor will you be able to stop other people from using your business name under the provisions of the Trade Marks Act 1995.

LegalVision is a full service law firm with a team of lawyers specialising in trade marks law. Our intellectual property lawyers can help you identify your trade mark, advise you whether you need to get a trade mark registration for your business name and advise you of its suitability and availability. Our lawyers have experience in trade mark prosecution including filing an application, responding to adverse examinations reports and finalising trade mark registration.

To get in touch with the LegalVision team and talk to them about applying for a trade mark registration for your business name, fill out the form or call 1300 544 755 for a fixed-fee, no commitment quote.

To find out if your business name is suitable as a trade mark, the name must be capable of distinguishing your goods or services. This means that it cannot be descriptive or something other traders in your industry are likely to use. For example, you would find it very difficult to register the name Candle Australia if you are making or selling candles because the name describes the products and the nature of your business. It will also be difficult to register the phrase “made in Australia” without any other distinctive word or device element because this a phrase that traders in Australia will need to use to indicate that their products are made in Australia.

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