{"id":6718,"date":"2021-09-07T14:45:55","date_gmt":"2021-09-07T04:45:55","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=6718"},"modified":"2021-12-09T13:35:28","modified_gmt":"2021-12-09T03:35:28","slug":"protect-your-business-name","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/protection\/protect-your-business-name\/","title":{"rendered":"How to Protect Your Business Name From Competitors Using It"},"content":{"rendered":"

We all understand the value of a company’s brand. Good businesses invest a lot of time (and money) into developing a memorable business name and brand image. Likewise, if you make the right moves, your brand may be able to stand out from the crowd. Indeed, protecting your business name from competitors using it is key to safeguarding your reputation in the market. This article will explore some key considerations to protect your business name.<\/span><\/p>\n

Know the Difference Between a Trade Mark and Business Name Registration<\/span><\/h2>\n

Some business owners believe that <\/span>registering their business name<\/span><\/a> protects them from others utilising their name, product or service, or other parts of their brand. Regrettably, this is not the case. When you register your business name, you do so through the Australian Securities and Investments Commission (ASIC) and receive a unique Australian Business Number (ABN). Likewise, registering a business name is crucial if you conduct business under a name other than your own.\u00a0<\/span><\/p>\n\n\n

While registering your business name places some limits on other firms using your name, ASIC does not enforce your trade mark rights. Unfortunately, without formal registrations of your trade mark, it is technically lawful for another business to use a similar business name.<\/p><\/blockquote>\n\n\n

The easiest way to think about these two processes is that trade mark registration and business name registration serve distinct objectives. Regarding the latter, it is a legal requirement to register your business name, allowing you to trade. Importantly, it does not grant you complete legal ownership of that name. <\/span>Registering a trademark<\/span><\/a>, on the other hand, legally protects your name or other characteristics of your brand, like your logo. Further, a registered trade mark allows you to enforce your rights and prevents others from using with it without your permission.<\/span><\/p>\n

Register a Trade Mark\u00a0<\/span><\/h2>\n

You must register your business name as a trade mark with IP Australia to get exclusive rights to it. Registering your company, name, or domain name with ASIC does not give you exclusive rights to use it.<\/span><\/p>\n

A <\/span>registered trade mark<\/span><\/a> gives you \u2013 and only you \u2013 the right to use, lease, and sell the related intellectual property under the <\/span>Trade Marks Act<\/span><\/i>. This protection is valid for a term of ten years in all Australian states and territories. Likewise, you have the option to renew your trade mark if necessary. If you wish to extend your rights across borders, you will need to file for the trade mark in other countries.<\/span><\/p>\n

Importantly, you must actively use your registered trade mark. If not, you risk a third party requesting that your trade mark be deregistered if there is proof that you have not used your trade mark\u00a0 in three years.<\/span><\/p>\n\n\n

Ultimately, to avoid legal issues or imitation, it is a good idea to register your business name as a trade mark to receive the most protection.<\/p><\/blockquote>\n\n\n

Register Your Business Name With ASIC<\/span><\/h2>\n

As mentioned, ASIC is in charge of company name registration and management. Likewise, they manage and oversee guidelines for what kind of business names they will accept. By registering your business name, you are preventing other companies from registering names that are similar or substantially identical to yours.<\/span><\/p>\n

However, keep in mind that ASIC does not:<\/span><\/p>\n