Should You Trademark Your Business Name?

Table of Contents

Share at:

Trademarks are a great way to legally enforce your unique business name. A business name is a name that you or your entity uses for trading purposes. This can be your individual name, a registered business name, or the company name you register with ASIC. A registered business name does not give you an exclusive right to use it.

What is a trademark?

A trademark is a form of differentiating goods and services from other businesses. This can be a letter, word, name, signature, numeral, device, brand, heading, label, ticket, an aspect of packaging, shape, colour, sound or scent registered under the Trade Marks Act 1995. A trademark allows you to have the sole right to use, licence, or sell the trademark in Australia. If you have a trademark registered overseas, it needs to be shown from a country near Australia.

Trademarking a business name is a long and expensive process. This is because it lasts for 10 years from the date it is filed. The renewal process can then begin 12 to 6 months before expiry. If that process is completed after the expiry date, you will need to pay extra.

Why trademark your business name?

Here are a few advantages of registering your business name as a trademark:

Exclusivity

No one else will be able to use your business name in Australia if you register it as a trademark. If someone uses it without permission, you can send a Cease and Desist (Trademark Infringement) letter. This allows you to take legal action under the Competition and Consumer Act 2010 if they have not complied with that letter. Only under certain circumstances can an unregistered trademark be protected in common law and through legislation.

It will help grow your business

A trademark is a great marketing tool. Any features you consider to be related to your business will be registered as a trademark such as goods or services. This includes branding of an exclusive product or service produced by you on the market. This, in turn, will provide you with differentiation in the market which is beneficial for raising awareness of your brand. As your business grows the value of your trademark increases.

The process to trademark your business name can be quite difficult and expensive. If you do decide to trademark your business name, you can receive a fixed-fee quote.

Have more questions? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest legal marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

A Guide to NES: The 11 Employment Entitlements

Understanding an employers obligations under NES is extremely important. Read on for more about NES: The 11 Employment Entitlements.

Garden Leave: Advantages and Disadvantages

Wondering if you should have a garden leave clause in your employment contract? Check out the advantages and disadvantages of garden leave.

How to Transfer a Trademark: Trademark Assignment

Trademark owners may transfer the rights to use their trademark through licensing or full assignment. Find out more in this article.

How to Set Up a Family Trust (2026 Update)

Complete guide on setting up a family trust in Australia. Covers the step-by-step process, choosing a trustee, tax rules, benefits for asset protection, and costs.

What Happens If You Break a Contract? The Ultimate Guide to Contractual Remedies (2026 Update)

Contractual breaches can be devastating. Learn exactly what you can do and what remedies the courts may grant to rectify them.

Can a Handwritten Agreement Hold Up in Court?

Is a handwritten agreement a legally binding agreement? Turns out, what is on the inside is what truly counts.