What is a business name?
A business name is a name that you use to identify your business (as opposed to your products or services).
When do I need a business name?
The legal entity that owns a business can identify the business under the legal entity's own name, without the need to have a registered business name.But if the legal entity that owns a business wants to identify the business with a different name, that different name must be registered as a business name. For example:
Owner of business
Example
You do not need a business name if the business is identified as
You do need a business name if the business is identified
Person (sole trader)
A White
A White
in any other way (e.g. A White Designs)
Partnership (2 or more people)
A White and B Brown
A White and B Brown
in any other way (e.g. Smith and Brown Designs)
Company
A White Pty Limited
A White Pty Limited
in any other way (e.g. Smith Designs)
If I register a business name do I need to register a trademark?
Business names and trademarks serve quite different purposes:
● Registering a business name is a legal obligation, if you choose to identify your business with a name that is different to the name of the legal entity that owns the business.
● Registering a trademark is a choice you make as part of a branding strategy for your products and services.
Using your business name as an unregistered trademark would not give you the benefits of a registered trademark .The differences between a business name and a trademark are described in the following table:
Question
Registered business name
Registered trademark
Can I use it to identify my business?
Yes.
No. You need a registered business name
Can I use it to identify products and services I sell?
As an unregistered trademark yes, but without the benefits of a registered trademark.
Yes
Can I own it, so that it is my property?
No
Yes
Can I stop someone registering a similar name or mark?
No
Yes
I have a registered business name. Can I stop someone registering an identical trademark?
No
Not applicable
Do I have a legal obligation to register?
Yes, if you identify your business with a name other than the business's legal name
No. You may choose to register a trademark as part of a branding strategy