Difference between Trademark and Business Name

A trademark is a way of identifying a unique product or service and it can be your most valuable marketing tool. Sometimes called a brand, your trademark is your identity, the way you show your customers who you are. However, there is a difference between trademark and business name.

 

Trademark and business name have different purposes which will protect your business in different ways. A business name is only used to identify your business. Registering your business name doesn't give you full rights over that name-only a trade mark can give you full rights.

 

Branding

Below are the explanations to help you understand the difference between trademark and business name.

Business name:

  • A business name is the name under which your business operates and is connected to your Business Number (BN).
  • You only need to register a business name if you are trading under a name that is not your own.
  • Registration of your business name registers it nationally. You only need to register once even if you trade in multiple states.
  • You cannot register a business name that is identical or too similar to a business name registered to another Australian business or company.
  • A business name does not give you legal rights to that name. This means that if someone else uses your business name for their business, you don't have any rights to stop them.

 

Trademark:

  • A trademark legally protects your name and stops others from trading with it. When you register a trademark you get exclusive use of that trademark you are registered.
  • A trademark is protected in the registered country and territories for some period.
  • Being a trademark owner makes it easier to apply for a trademark in other countries.
  • If you need exclusive use of your business name, you should register it as a trademark.

 

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