Many people assume business names and trademarks are the same thing. In reality, they serve very different purposes.
Understanding the difference between a business name and a trademark helps you protect your brand and avoid costly disputes.
What is a business name?
A business name is the name or title under which an individual, partnership or company conducts business in Australia.
Under the Business Names Registration Act 2011 (Cth) you must register your business name with ASIC if you trade under a name other than your own.
Example: If you run a company called Legal Services Pty Ltd but trade as Axe Legal, you must register Axe Legal as your business name with ASIC.
However, you do not need to register a business name if you:
- Trade under your personal name (i.e. Sarah Smith).
- Operate a partnership where the business name is the same as all partners’ names.
- Run a company where the business name matches the registered company name.
While a business name identifies your enterprise, it does not provide ownership rights over it.
What is a trademark?
A trademark is a form of intellectual property that legally protects your brand. It distinguishes your products or services from those of competitors under the Trade Marks Act 1995 (Cth).
A trademark can include:
- Words, logos, numbers, shapes, packaging, or a combination of these.
- Even colours, sounds, or scents in some cases.
You register trademarks with IP Australia, not ASIC. Once registered, they give you exclusive rights to use, license, or sell your brand throughout Australia.
Business Name vs Trademark: Key Differences
Even though both are used to identify your business, a business name and a trademark perform very different functions under Australian law.
A business name is primarily for registration and visibility, while a trademark is for ownership and protection.
The main distinctions are:
- A business name simply records the name you trade under. A trademark legally protects the brand elements that make your business recognisable.
- Business names are registered with ASIC under the Business Names Registration Act 2011 (Cth). Trademarks are registered with IP Australia under the Trade Marks Act 1995 (Cth).
- Registering a business name does not give you exclusive rights to that name. Registering a trademark gives you exclusive rights to use, license, and defend it.
- A business name cannot stop competitors from using a similar name, but a trademark can be enforced against others who use identical or confusingly similar branding.
- Business names are about identification. Trademarks are about legal protection and commercial value.
When should you register a business name?
You must register a business name with ASIC if you’re carrying on business in Australia and not trading under your own name.
Doing so ensures your trading name is recorded publicly and allows you to open bank accounts, sign contracts and issue invoices in that name.
However, registering a business name does not prevent others from using the same or similar name. That protection only comes through trademark registration.
When is a business name or trademark available to register?
Before registering, you should search to ensure no one else is already using or has registered a similar name or mark.
- Use ASIC’s Business Name Search to check name availability.
- Use IP Australia’s Trade Mark Search to check existing or pending trademarks in your industry.
If another business has registered a similar trademark, using the same or similar business name could expose you to an infringement claim.
Always conduct a trademark search before registering your business name – not the other way around.
Which offers more protection?
Registering a business name does not give you any legal right to stop others from using it.
A trademark, on the other hand, provides exclusive rights to use that mark for your goods or services.
With a registered trademark, you can:
- Reserve your brand before launch.
- License or sell your mark to others.
- Enforce your rights against infringers.
- Prevent others from using similar marks that may confuse consumers.
By contrast, a business name only serves as a label – not a legal shield.
If you’re looking to register or enforce your brand, visit our Trademarks page for practical guidance on applications, protection and enforcement.
Frequently Asked Questions
Can I have the same business name and trademark?
Yes – but only if no one else has already registered a similar trademark in your industry. Always conduct a search on IP Australia’s Trade Mark Search before using or registering your name.
Does registering a business name protect my brand?
No – registering a business name with ASIC only lets you trade under that name. It does not give you ownership or protection against competitors.
How do I check if a trademark is available?
Use IP Australia’s Trade Mark Search to see if your proposed mark is already registered or pending. Our trademark lawyers can interpret the results and advise on risk.
Can someone else trademark my business name?
Yes – if you don’t register it first, another person can trademark your business name and stop you from using it. This is why early trademark registration is essential.
For further information on how we can support you with brand protection, registration and enforcement, visit our Intellectual Property page.