Registering a business name does not protect the name or the words in the name from being used in another name. Some registered names are generic in their structure and may lend themselves to being used in a descriptive sense. Other business names with a definitive prefix may be registered using all of the same words.
Example 1
A business name such as Office Furniture may be registered. The words 'office furniture' are also a product description. The fact that the name is a registered business name cannot prevent another office furniture business from using the words in advertising or even in their shop-front signage.
Example 2
Registration of the name Office Furniture will not prevent Consumer and Business Services from registering other names such as Glenelg Office Furniture or Salisbury Office Furniture. In these examples the geographic prefixes of Glenelg and Salisbury provide the overall name with sufficient definition for the business names to co-exist on the register of names.
A business name registered in any State of Australia will not:
- prevent the registration of exactly the same name in another State
- prevent the Australian Securities and Investments Commission from registering a very similar company name or a trade mark registration of the same or very similar name
- assure the name will be available as a domain name for the internet.
Trade mark protection
The only facility available to you to protect your business name is to register the name as a trade mark.
The extent of that protection is then dependent upon your willingness to legally defend your rights.
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Do you need to register your business name?
Application fees for business names
Words and phrases prohibited in a business name
Offences declaration
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Business names (PDF 241KB) - BizFacts