WHY A TRADE MARK IS ESSENTIAL FOR PROTECTING MY BUSINESS NAME
Posted on 25 October 2022
Daniel Albert
Why is a Trade mark essential for protecting my Business Name?
On 31 October 2018, the rules changed to require all businesses to register their trading names as business names with ASIC to continue operating. Meaning that it was no longer legal to operate a business without a registered business name. Although this means business names are now registered on the national business name system, which allows business owners to trade under that name anywhere throughout Australia, it does not mean that you own the name. Nor does it mean registration will protect your business name from competitors using a deceptively similar name.
Protecting your Business name with a Trade mark
That’s where trade marking your business name comes in. Both business names and trade marks serve very different purposes, and whilst registering a trade mark is not mandatory, we would argue that they are both equally important to the running of a successful business.
As a business owner, you put significant time and resources into developing your business, brand, and reputation. What many business owners do not realise is, a registered business name, does not give you any intellectual property rights in that name. Sure, it will stop someone from being able to practically register the exact same name in the register, but it will not stop them from using a deceptively similar name or logo.
So, if you want to protect your brand, you should register it as a trade mark.
You can apply for a trade make for various aspects of your business, such as:
- Your business name, a word, a phrase, or a slogan;
- Your business logo; and
- To even distinguish particular goods or services (although, depending on the good or service, you may need a patent or copyright instead).
Registering a trade mark is a bit more complex than simply registering a business name, and there is no guarantee that your trade mark application will be accepted. Reviewing trade mark availability and conducting infringement searches does take time and experience, however, having a trade mark is a valuable asset to your business and puts you in a position to protect your interest from unauthorised use.
HOW CAN OMNIA LEGAL ASSIST WITH your trade mark application?
The Commercial Law team at Omnia Legal are trusted business advisors that can assist with applying for your Trade Mark.
Contact Omnia Legal today for your complimentary consultation to discuss your business needs.
This article provides general information on legal topics for educational purposes only, and should not be considered legal advice or recommendations. While we have taken care to ensure accuracy, Omnia Legal is not responsible for any errors, and makes no guarantees about the accuracy or completeness of the information. Links to third-party websites do not constitute an endorsement, and we are not liable for any damages that may result from using inaccurate or incomplete information. It's always best to seek legal advice for specific situations.