My Business Name is Registered – Do I Need a Trademark?

  • Post category:Insights
Kerry Newcomb Trademark Attorney

So, you have secured registration of your Business Name – great! 

However, a Business Name registration does not of itself, give you any proprietary rights to that name.  That is, it does not give you the right to use that name for your business and/or stop your competitors using that name just by registration.  On the contrary, one is required to register a Business Name when you are using a name other than your own, in respect of your business, so consumers can determine who is behind the business.  Similarly, company names and domain names upon registration do not provide proprietary rights to the same.  That is another entity may have a greater right to use your business name, company name or domain if they have a registered trademark or a common law trademark, through use in Australia.  So, where to from here?

Securing protection for your name, as a trademark in respect of the goods you sell and/or the services you provide at IP Australia will upon registration, give you proprietary rights to your name.  That is, you will be able to use (subject to another having earlier common law rights) and stop others, including your competitors from using your name in respect of your registered goods and/or services and in some instances, closely related goods and/or services.  Goods and services are divided into 45 classes, under the International Classification. You file for your trademark in respect of the goods you sell and/or the services you provide under each class.  However, if you have only just started using your name or just come up with your name for your business it is a good idea to conduct a search of IP Australia’s trademark records to ascertain if your trademark is available for use and registration. 

Of course, if you would like help with filing an application to register your trademark or to conduct a prefiling search, please contact me.