Differences between trade marks, business and domain names
Registering a business, company or domain name does not give you any proprietary rights. Only a trade mark can provide that kind of protection.
If you register a business, company or domain name, you do not automatically have the right to use that name as a trade mark.
The same word(s) may be registered by different people as a business name in other states and territories. However, if you have a registered trade mark, you can take legal action for infringing your trade mark if the business name owner uses it for goods or services like those covered by your trade mark registration.
Trade mark
Used to distinguish your goods or services from those of other traders. When you register a trade mark you obtain exclusive use of the trade mark throughout the Commonwealth of Australia.
Business name
A business name is the name under which your business operates. Registration identifies the owners of the business. Registration is compulsory in every state and territory from which a business operates, and must be completed before the business starts trading.
Unlike trade marks, business names do not provide proprietary rights for the use of the trading name. More information is provided by business.gov.au for registering your business name.
National Business Names Registration Service allows businesses to register their name with a single register nationally and is managed by the Australian Securities and Investments Commission (ASIC).
Company name
Also called a registrable body. You must register your company name with the Australian Securities and Investments Commission (ASIC). If you wish to trade using a name other than your registered company name, you must register that trading name as a business name.
Unlike trade marks, company names do not necessarily provide proprietary rights for the use of the trading name.
Domain name
All computers on the internet have a unique identifying number - an Internet Protocol address. Because Internet Protocol addresses are difficult to remember, we use a domain name - a unique name that corresponds with an Internet Protocol address.
For example, IP Australia's Internet Protocol address is 203.21.147.134 but most people access the website using the domain name, www.ipaustralia.gov.au.
The rules and policies for registration of domain names in com.au may be viewed at the .au Domain Administration Ltd (.auDA) website.
You can trade mark your domain name if it meets the requirements of the Trade Marks Act 1995.
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Last Updated: 11/12/2012
