Business Name vs Trademark: What’s the Difference and Why It Matters

Your Business Name Is Not Your Trademark

Many business owners assume that once they’ve registered their business name or company name, their brand is protected. Unfortunately, that’s a common misconception.

A business name identifies your business, but a trademark protects your brand.

Understanding the difference between the two can save you from legal disputes, rebranding headaches, and lost goodwill.

At Greyson Legal | Brisbane trademark lawyers we assist clients with both business name registration and trademark registration, both distinct processes.

What Is a Business Name?

A business name is simply the name under which you trade. It’s registered with the Australian Securities and Investments Commission (ASIC) to show the public who owns the business.

For example, if you operate as “Sunny Bean Café,” that name appears on ASIC’s business name register linked to your ABN (Australian Business Number).

However, a business name registration:

• Does not give you ownership of the name

• Does not stop others from using a similar or identical name

• Does not provide exclusive rights to use the name as a brand

In other words, a business name is an administrative requirement — not a legal protection for your brand identity.

What Is a Trademark?

A trademark is a legally protected sign that distinguishes your goods or services from those of others.It can include:

• A word or name (e.g. your brand name)

• A logo, slogan, or symbol

• A sound, shape, or even packaging style

When you register a trademark through IP Australia, you gain exclusive rights to use, license, and enforce that mark across Australia in connection with your nominated goods or services.

This means you can legally stop competitors from using a name, logo, or design that’s confusingly similar to yours.

Key Differences at a Glance

Feature	Business Name (ASIC)	Trademark (IP Australia)
Purpose	Identifies who owns the business	Protects the brand identity of goods/services
Registration Authority	ASIC	IP Australia
Legal Rights	None – only registration for compliance	Exclusive nationwide rights to use your brand
Protection Scope	Administrative only	Legal protection against unauthorised use
Duration	Indefinite (as long as renewed with ASIC)	10 years, but renewable
Use Case	Required for trading legally	Essential for brand protection and growth

Why It Matters

If you only register a business name, someone else could still trademark that same name — and then stop you from using it.

This scenario happens more often than you might think. You could be forced to:

• Rebrand your business entirely

• Change your signage, website, and domain name

• Lose valuable brand recognition and customer trust

A registered trademark is the only way to ensure exclusive ownership and control of your brand in the marketplace.

How to Protect Your Brand the Right Way

To secure your brand, you should:

• Conduct a Trademark Search – Check IP Australia’s database before choosing a name or logo (which searches we can help you with).

• Register Your Trademark – Secure exclusive rights to your brand nationwide.

• Use It Properly – Ensure your mark is used consistently to maintain protection.

• Renew Every 10 Years – Keep your registration active indefinitely.

At Greyson Legal, we help Brisbane businesses through every stage of the process — from clearance searches and filing to responding to IP Australia and managing renewals.

Greyson Legal: Your Brisbane Trademark Experts

As experienced Trademark Lawyers in Brisbane, we provide clear, practical, and commercially focused advice to help you protect your most valuable asset — your brand.

We assist clients with:

• Trademark registration and IP portfolio management

• Responding to objections and disputes

• Cease and desist letters

• Brand licensing and assignment agreements

• International trademark applications

Whether you’re a startup, sole trader, or expanding enterprise, we tailor our trademark strategies to your business goals.

Protect Your Business Name Before It’s Too Late

If you’ve only registered a business name, you haven’t truly protected your brand. Take the next step by securing your trademark today.

📞 24-Hour Hotline: 0411 248 885📧 Email: mail@greysonlegal.com 🌐 Website: www.greysonlegal.com