When starting a business in Australia, understanding the difference between a business name and a trademark is essential. Both serve important purposes in protecting your brand and identity, but they are not interchangeable. Under Commercial and Corporate Law, these two registrations provide different legal protections, obligations, and benefits.

What is a Business Name?

A business name is the name under which your company operates and is known to customers. It’s essentially the trading name that appears on your signage, marketing materials, and invoices.

In Australia, if you operate under a name that is not your legal name, you must register it with ASIC (Australian Securities and Investments Commission). This is a legal requirement, but registering a business name does not give you ownership of the name or exclusive rights to use it.

Example:If John Smith wants to run a coffee shop called “Bean & Brew Café”, he needs to register that business name with ASIC.

What Does a Business Name Registration Do?

• Identifies your business name on the ASIC Business Name Register
• Allows you to legally operate under that name
• Helps customers find your business

However, it does not protect your brand from being copied. Another business in a different state could use a similar name.

What is a Trademark?

A trademark is a form of intellectual property that protects your brand. It can include words, logos, symbols, or even sounds that distinguish your goods or services from others in the marketplace.

Registering a trademark through IP Australia gives you exclusive legal rights to use that mark for the goods or services specified in your application. This means you can take legal action against anyone who uses your trademark without permission.

Example:If “Bean & Brew Café” is trademarked, no other café in Australia can legally use that name for similar services.

Benefits of Trademark Registration

• Exclusive rights to your brand nationwide
• Ability to license or sell your trademark
• Stronger legal protection in case of disputes
• Adds value to your business as an asset

Business Name vs Trademark: Key Differences

Feature	Business Name	Trademark
Purpose	Identifies your trading name	Protects your brand identity
Registration Body	ASIC	IP Australia
Legal Protection	None (only compliance)	Exclusive rights to use and protect
Covers	Trading name only	Name, logo, slogan, or other marks

Which One Do You Need?

Ideally, both.

• Business Name - mandatory for compliance if you trade under a name other than your personal/legal name.
• Trademark - optional but highly recommended if you want to protect your brand and prevent competitors from using similar names.

Why It Matters Under Commercial and Corporate Law

Failing to protect your business name can lead to legal disputes, brand confusion, and loss of reputation. Many businesses mistakenly assume that registering a business name gives them legal ownership—it doesn’t. Only a trademark provides enforceable rights.

Registering a business name ensures compliance, but if your brand matters—and it does—trademark registration is the best way to safeguard it. This dual approach gives you legal peace of mind and a competitive edge in the marketplace.

At New South Lawyers, we specialise in Commercial and Corporate Law. Our expert team can guide you through compliance and brand protection strategies to ensure your business identity is secure.

Contact New South Lawyers today for tailored legal advice.