Have a registered business name? You may still need a registered trademark

Choosing and registering your business or company name is an exciting first step, but it doesn’t mean you own the trademark for that name. Business names, company names and trade marks are separate things, and registering one does not automatically give you rights to the others. A trademark provides valuable legal protection for your brand, helping you secure exclusive rights to use your name, logo or other branding in connection with your goods or services.

One of the most common mistakes we see is businesses assuming that because their business name is registered, they are free to use and protect the same name as a trade mark. Unfortunately, that’s not necessarily the case. You could register your business name today, invest in signage, marketing, packaging and a website, only to discover later that another business already has trade mark rights to a similar name. Even worse, you may find that your chosen name cannot be registered as a trade mark, or you may be infringing some else’s rights by using that name.

The good news is that this can often be avoided with the right advice early on. Before committing to a new business or brand name, we recommend checking whether the name is available and whether there are existing trademarks that could create a problem. A business name registration may get you started, but a trade mark can help protect the brand you’re investing in. If you’re choosing a new business name or want to protect your existing brand, talk to us before you invest, it could save you significant time, money and stress down the track.

David Durrant and the team look forward to assisting you with all your trade mark needs.

Contact our IP and trade marks team if you require assistance with trade mark advice and registration or managing your IP portfolio. Email us here.