Trademarking for Small Business

You have now successfully passed the first requirement in trading under a business name by registering it with ASIC.

However, many new small business owners are shocked to realise that although its a legal requirement to register your business name, it doesn’t mean you actually own it.

Here’s what ASIC (the Federal Government Authority) says:

“A business name does not give you exclusive trading rights over the name

Be aware that registering your business name does not give you ownership of that name. Registering a particular name does not stop another person from registering a similar name nor does it give you the exclusive right to use the name or part of the name. Also, registering a business name will not prevent the name being used by somebody who has registered it as a trademark. This is an important point – and one that every business owner should be aware of. The obligation to register a business name is a legal obligation which is entirely separate to any steps that business owners may take to protect any intellectual property rights in a name or brand, such as registering a trademark.”

Accordingly, before trading under your new small business name, we strongly recommend that you perform a trademark search. You can do this yourself or contact us for help.

The ramifications of trading with a business name where there exists a conflicting trademark can be enormous, requiring you to completely change your name and branding.

What’s more, if no conflicting trademark exists, you might want to consider trademarking it in order to prevent others from doing so.

For further information or help in checking or getting a trademark contact us on info@smallbusinessauthority.com.au or call 1800 Distil [1800 347 845].