Trademarking Your Business Name
Trademarks and business names are significantly different and it’s essential to know the difference between the two when you are planning to protect your brand.
When you start a new business, you need to register a business name for your company. To plan strategically, where possible you should also register your new brand as a trademark. It’s also a good idea to check whether domain names are available (there are lots of extensions to choose from these days!) and establish brand identities on social media. In an existing business, your brand name and the goodwill associated with it, might be one of your most valuable business assets.
Here are 5 reasons why you should register your trademark.
It’s a wise idea to protect your brand by applying for a trademark registration as soon as possible. Read on to learn more about the differences between registering a trademark and registering a business name.
Applying for your business name
Your business name is the trading name that you use for your company. Your customers know your business by that name and can distinguish it from other similar competitors in the marketplace.
Unless you are trading as a sole proprietor, you must register a business name. The first step is to apply for an Australian business number (ABN) at the Australian Business Register (ABR).
Once you have received your ABN you can proceed with applying to register your business name through the Australian Securities and Investment Commission (ASIC). Your name will not necessarily be registered. ASIC will first check whether that name or a very similar name is already registered. There are different requirements for the registrability of company names and trademarks. Just because you are able to register a business name, there’s no guarantee that you can also trademark that name and vice versa.
You can check the availability of business names on the Australian Business Register
To check for trademarks that have been applied for or already registered, you can carry out a search at IP Australia.
How to trademark your business name
Here are 9 tips for choosing a business name.
Well done, if you have succeeded in registering your chosen business name!
However, having a registered business name with ASIC does not give you any exclusive rights to use that name.
Now you should consider protecting it as a brand asset by registering your business name as a trademark, so that you can enjoy the exclusive rights to that business name. Having a trademark registration means that you can prevent your competitors from using the same or closely matching brand names for similar goods and services, by filing a trademark opposition, if necessary.
What is a trademark?
A trademark is not just a word or a logo. The definition of a trademark allows for an assortment of different types of symbols to function as trademarks such as a letter, number, word, phrase, sound, smell, shape, logo, picture, movement, aspect of packaging, or a combination of these.
A trademark is registered for selected classes of goods and services. This means that it is possible for two or more different companies to own trademarks for the same name, but for different products or services.
For example, in Australia, there are several different companies that own a trademark registration for the name BOUNTY, but each registration covers different goods in different classes. One company owns the trademark name BOUNTY for paper towels, another has branded their rum with that name, and yet another has registered the trademark name BOUNTY for chocolate bars. In fact there are even a number of other companies other than these who have included the word BOUNTY in their registered trademarks.
You must ensure that you have trademarks in all the classes of goods and services in which you intend to trade. If you pivot your business or expand your range of goods and services, you must register trademarks in any new classes too.
Trademarks can be registered or unregistered. Be sure to read this article about the registered trademark symbol - when to use to use ® and ™.
Tips for protecting your business name
It’s your responsibility to ensure that the name you choose is not confusingly similar to any other pre-existing business names, so be sure to do the recommended name searches, as mentioned above, as well as these trademark name searches.
You need to be sure that the name you intend to register as a trademark is distinctive and registrable, so that you reduce the risk of receiving trademark objections.
In your trademark application, you should look to protect the most distinctive part of your brand name. If the application is for your business name, you do not need to include the words or abbreviations which describe the type of company it is, for example LIMITED or Pty. Ltd. By including these company descriptors you could limit the scope of your trademark rights, so rather focus only on the business name.
Likewise, if you are applying for a trademark for the domain name of your website, you should not include the domain extension such as .com.au or .com - unless the extension is part of your unique brand name.
For example, the chief distinctive part of the Bunnings Group’s business name is BUNNINGS and this is what it should protect as a trademark. There is no need for Bunnings Group to register a trademark for the company name, “Bunnings Group Limited” or to protect the website domain name, BUNNINGS.COM.AU.
Your registered trademark will ensure that your brand is protected for as long as you hold the trademark. In Australia, registered trademarks need to be renewed by paying a renewal fee every ten years.
How to get a trademark
Once you have all the information you need to get a trademark, you can use Trademarks Online to submit your application, quickly and easily.
Crafted by experienced trademark attorneys, the Trademarks Online platform enables you to skip the lawyers and lengthy login processes and get it done in a smooth 4-step process.
The most important part is finding a business name that is distinctive. Once you have made that decision, done the necessary checks and have all the information you need, the online application process will only take you a few minutes. Here is a handy guide to help you prepare: How to get a trademark.
