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Trade Marks What
is a Trade Mark? Business
Names, Company Names & Domain Names
Business names, company names and domain names
Is there a difference between a trade mark and a business, company or domain
name?
Yes! The difference between trade marks, business, company and domain names
sometimes causes confusion for both traders and the public.
Registration of a business, company or domain name does not in itself
give you any proprietary rights-only a trade mark can give you that kind of
protection.
The same word(s) may be registered by different people as business names and trade marks. However, the registered trade mark owner can sue the business owner for infringing the trade mark if the business name owner uses it on goods or services similar to those covered by the trade mark registration.
Caution: When you register your business name, be careful
that it does not infringe on someone else's trade mark. It is always wise to
search the trade mark databases first.
IP Australia provides a professional search service called the Business Names
Applicant Search Service (BASS) for a fee of $40 (GST inclusive). Our staff
will conduct a thorough search of the database and issue a report showing if
there is an existing registered trade mark which is identical or very similar
to your proposed business name. You can apply for a search by calling
1300 651 010 during normal business hours (if paying by credit card), or you
can mail or fax us your request.
We will report back to you within one business day.
Alternatively, you may conduct a search yourself in one of our State Offices or by searching the trade marks database over the Internet. Patent attorneys, trade marks attorneys, trade mark agents or professional search firms can also search for you.
A company name:
...or a registrable body must be registered under the national Corporations
Law administered by the Australian Securities and Investments Commission.
If a company wishes to trade using a name other than the registered company
name, it will be necessary for the company to register that name as a business
name.
A business name:
...is a name under which a business operates. Registration serves as a means
of identifying the owners of the business and is obtained under state or territory
legislation.
Where trading occurs in more than one state or territory, the business name
must be registered under the laws of each one. Registration of a business name
is compulsory and must be completed before the business starts trading.
A domain name:
...is a textual address for a location on the Internet which corresponds to
the actual alpha numeric address which the Internet computers can read.
Be aware that domain names allocation rules have changed so that you may now
be eligible to obtain a domain name that matches your registered trade mark
or registered trade mark application, even if it is not your registered business
name (If this name has not already been allocated). For more information on
the new domain names eligibility and allocation rules, see the .au
Domain Administration (auDA) Ltd website.
You can register your domain name as a trade mark as long as it meets the requirements
of the Trade Marks Act 1995.
A trade mark:
is used to distinguish the goods or services of one trader from those of other
traders. Registration of a trade mark gives the registered owner exclusive use
of the trade mark throughout Australia.
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