In the competitive world of business, your name is one of your most valuable assets. It’s the first thing customers remember and a key part of your brand identity. But simply registering a business name in Australia does not automatically protect it from being used by others. This is where Intellectual Property Law comes in — specifically, trademark registration.

In this article, we’ll explore whether you can trademark a business name, why you might want to, the process involved, and how it differs from merely registering a business name.

Business Name vs Trademark – What’s the Difference?

A common misconception is that registering a business name offers exclusive rights to that name. In Australia, registering a business name with the Australian Securities and Investments Commission (ASIC) is a legal requirement if you trade under a name other than your own. However, this registration:

• Does not give you ownership of the name.
• Does not prevent others from using a similar name.
• Is primarily for identification and compliance purposes.

A trademark, on the other hand, is a form of intellectual property protected under the Trade Marks Act 1995 (Cth). It gives you the exclusive legal right to use your brand name (and potentially your logo, slogan, or other brand elements) in connection with specific goods and services.

Can You Trademark a Business Name in Australia?

Yes, you can trademark a business name in Australia, provided it meets certain criteria under Intellectual Property Law. The name must:

• Be distinctive (not generic or descriptive).
• Not be identical or confusingly similar to an existing registered trademark in the same class of goods/services.
• Not use prohibited words or misleading terms.

You can check availability using IP Australia’s Trade Mark Search Tool.

Why You Should Consider Trademarking Your Business Name

Trademarking offers several important benefits:

• Exclusive Rights - You can stop others from using your name for similar goods or services.
• Brand Protection - Trademarks are enforceable under law, making it easier to take legal action against infringers.
• National Coverage - Protection applies across all of Australia, not just your state or territory.
• Valuable Asset - A registered trademark can increase your business value and be licensed or sold.
• Customer Confidence - Consumers are more likely to trust and remember a brand with a protected name.

Without a trademark, you risk another business registering your name — or something similar — and forcing you to rebrand.

How to Trademark a Business Name in Australia

The trademark registration process involves several steps:

Search for Existing TrademarksUse IP Australia’s database to ensure your name is unique and available.

Choose the Right ClassTrademarks are registered under different “classes” depending on your goods or services. Choosing the right class is crucial for protection.

Apply with IP AustraliaApplications can be lodged online via IP Australia’s Trade Mark Portal. You will need:

• The exact name you want to trademark.
• The relevant goods/services class.
• Payment of application fees.

ExaminationIP Australia will review your application for compliance. They may request clarifications or reject if your name is too similar to an existing trademark.

PublicationIf approved, your trademark is published in the Australian Official Journal of Trade Marks, allowing others to oppose it within two months.

RegistrationIf there are no oppositions, your trademark will be officially registered for 10 years, with renewal options thereafter.

Common Mistakes to Avoid

• Relying solely on a business name registration - This does not protect your brand legally.
• Using a descriptive or generic name - Words like “Best Cleaning Service” are unlikely to be granted a trademark.
• Skipping the search stage - Overlooking existing trademarks could lead to costly disputes.
• Applying in the wrong class - Limits your protection and may require reapplication.

Costs and Timeframes

• Standard Application: From around $250 per class (online application).
• Headstart Service: Allows you to check eligibility before paying the full fee, starting from $330 per class.
• Processing Time: Typically 6–8 months from application to registration.

When You Might Not Need a Trademark

While trademarking offers strong protection, it may not be necessary for every business, especially if:

• You operate in a niche market with minimal competition.
• Your business is short-term or seasonal.
• You have other forms of brand protection in place.

However, even in these cases, the risk of losing your name should be weighed carefully.

The Role of an Intellectual Property Lawyer

An intellectual property lawyer can help you:

• Assess trademark eligibility.
• Conduct thorough searches.
• Prepare and lodge applications correctly.
• Handle disputes or oppositions.

Professional guidance ensures your application has the best chance of success and that your brand is properly protected.

Under Intellectual Property Law in Australia, trademarking your business name is not just about legal formality — it’s about securing the foundation of your brand identity. While it involves cost and effort, the long-term benefits often outweigh the risks of going unprotected.

Don’t leave your brand exposed.

Contact New South Lawyers today to safeguard your business name, protect your reputation, and ensure your brand stands strong in the Australian market.