Starting a Business
14. Business Name & Trademark
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 24 Sep 2015
- Before registering your business you may wish to consider a suitable name. This can help your customers and clients identify with your business and support the development of a strong and unique brand.
- Regardless of whether you are intending to operate your business as a sole trader, partnership, trust or company, the name will need to be registered with the Australian Securities and Investments Commission (ASIC).
- While a business name is important its usefulness is limited to being an identifier for your business. It does not provide you with any additional rights or protections.
- It is important to understand the difference between the protections offered by registration of your business name and those associated with a trade mark. This is particularly important if you are expecting your business to grow over time.
- Registering a unique trade mark prevents others from using your name or logo to capitalise on your success at a later date.
- A trade mark will legally protect your business name and prevent other people and organisations from trading with it or imitating it. This protection is limited to Australia unless you apply for trade marks in other countries as well.
- Registration of a trade mark in Australia will initially last for 10 years and then will have to be renewed.
- You should also ensure that you regularly use your trade mark as other individuals can apply to deregister your trade mark if you don't use if for three years.
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