Trademark vs Business Name: What’s the Difference?

A business name and a trademark are not the same thing.

Registering a business name with ASIC allows a business to trade under that name in Australia. However, it does not automatically provide proprietary rights or prevent others from using a similar name.

A trademark is different.

A registered trademark provides exclusive rights to use a brand in connection with nominated goods and services. It may also help prevent competitors from adopting confusingly similar branding.

In simple terms:

• A business name is an administrative registration.
• A trademark is an intellectual property right.

Many businesses are surprised to discover that securing a company name or domain name does not guarantee trademark protection.

Before investing heavily into branding, packaging or marketing, it is often wise to consider whether trademark protection should form part of the broader commercial strategy.

TRDMARK assists Australian and international businesses with trademark strategy, brand protection and intellectual property matters.