What is the difference between a business name and a trade mark?

We’ve seen many businesses get into trouble because they didn’t register their trade mark for their business name, logo, product name, tag-line etc – and someone else has registered the trade mark first.

Simply registering the business name doesn’t create of itself any intellectual property (IP) rights, apart from evidence of a date when first commenced trading.

If you can demonstrate you were first in the market using the name, logo etc, ( plus registered trade mark) gives you the best chance to stop others from coming along and confusing the market.

It also shows others that you value it, you are willing to protect it and will stop others if they infringe your rights.

A trade mark legally protects your name and gives you the right to stop others from using it. When you register your business name as a trade mark you get the exclusive rights to use that trade mark in Australia initially for a period of 10 years, and indefinitely if you pay renewal fees every 10 years.