Isn’t it good enough to own my business name?

So, you’ve come up with a suitable brand. Registered the company name and got an Australian Business Number. Bought the domain name. So, you ask, why do I need a trade mark? Isn’t it good enough to own my business name? The answer is no – not at all. Only a registered trade mark can prevent unauthorised use by your competitors.

Your business name registration may be a statutory requirement in Australia, but it confers no legally enforceable intellectual property right to use that name. In that respect, you can’t use it to prevent others from using your name. And if your business name infringes someone else’s trade mark, then they could force you to stop using it.

Likewise, domain name registration doesn’t give you a legally enforceable intellectual property right to use that name.

Of course, you can register your business name (or even your domain name) as a trade mark, so long as it meets the requirements of the Trade Marks Act 1995.