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ARTICLE · 08 JULY 2026

Business Name vs Trade Mark | Key Differences Australian Business Owners Need To Know

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Understanding the critical distinction between business names and trade marks in Australia can save your business from costly rebranding and legal complications. While a business name simply allows you to trade, a registered trade mark provides exclusive legal protection for your brand and prevents competitors from using confusingly similar names in your industry.

AustraliaIntellectual Property
Daniel Wilson
Daniel Wilson
Eunice Tai
Eunice Tai
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If you are starting or running a business in Australia, it is critical to understand the difference between a business name and a trade mark. They serve different legal functions and conflating them can create costly problems down the track. A short definition of these are:

  • A business name is an administrative requirement that identifies who is behind a business.
  • A trade mark is a form of intellectual property that provides exclusive legal rights to use and protect your brand in connection with specific goods or services.

What is a business name in Australia?

To trade as a business in Australia, you need to register a business name with the Australian Securities & Investments Commission, commonly known as ASIC.

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