Are a business name, a company name and a trade mark all the same thing? No, not really. In short, these three names have different meanings, different uses and protections, and are registered in different ways.
Regardless of the type of name that you are looking to register, you need to undertake preliminary searches to ensure the name is available for you to use. Don’t get too far down the path with logos and designs if you aren’t certain that your business name is free for you to use. We recommend you engage our services to check the suitability of any trading name prior to registration.
- Business Names
A business name is the trading name of your business. Generally, you must register a business name unless you trade under your own name, or the name of your company or partnership .
Business names are registered through the Australia Government Business Registration Service or through a private service provider. Your business name must meet certain requirements and you can check these requirements out by visiting the ASIC website. While registration of a business name satisfies a legal requirement, a business name registration offers no exclusive rights – only a trade mark registration affords the owner exclusive rights. - Company Name
A company is a separate legal entity registered with ASIC. A company name usually includes its legal identifier (i.e. ‘pty’ and/or ‘ltd’ at the end of the name). A company can register a business name if it wants to carry on a business using its name without those legal terms, or if it wants to trade under a different name. Again, registration of a company name offers no exclusive rights – only a trade mark registration affords the owner exclusive rights in relation to the nominated goods/services. - Trade Marks
A trade mark is used to distinguish the goods and services of one trader from those of another. We recommend that any new business apply to register its business names and any other signs that are used to distinguish their goods and services, as a trade mark. Once registered, the owner has exclusive rights to use the mark in relation to the registered goods/services.
There are certain requirements and hoops to jump through for any business name, company name or trade mark. For instance, ASIC have strict guidelines about company names which prohibit you from registering a name that is identical to an existing company’s name, or using certain words or phrases like ‘university’. If your company or business name is unique and distinctive, it is generally easier to register, particularly when looking to trade mark the name.