What is a business name?
A business name is a name or title under which a person or entity conducts a business.
You will need to register a business name if you conduct business in Australia and are not trading under your own name.
Registering a business name does not provide exclusive ownership of your business name. This means that it does not prevent other people from being able to register and use similar business names.
The only way to gain the exclusive right over a particular business name is to register it as a trademark.
What is a trademark?
A trademark is a way to identify the goods/products of your business among the other traders.
In Australia, trademarks can be word, phrase, letter, number, colour, picture, shape, movement, sound, scent, or combination of the above as long as it differentiates a business’s goods/services from that of another trader.
Firstly, a registered trademark is a legal protection for your name and logo because registering business names and company names do not stop others from using the same or similar name as a registered trademark as a registered trademark.
Secondly, a registered trademark can give you an immediate exclusive right to use the trade mark to promote your goods/services. Your trademark will last for 10 years from its filing date, and you can renew as many time as you want.
Thirdly, it is a deterrence: A registered trademark may prevent any third parties from using the same or similar trademarks in relation to the same or similar goods/services.
Next, it is a valuable asset: A registered marks can work as a property that can be sold or licensed. Therefore, it is considered as an asset of your company.
Last but not least, the use symbol ®: Only registered trade mark may use the ® symbol. It is an offence to use the symbol ® in relation to an unregistered trade mark.
If you have any questions or concerns about trademark issues, feel free to contact us. MAYGUST TRADEMARKS are happy to assist you!