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ARTICLE · 25 AUGUST 2017

Can I trademark my business name?

Trademark registration of your business name is a relatively inexpensive and effective way to achieve protection.

AustraliaIntellectual Property

In short - yes you can. A trader should trademark a business name because it provides the right to exclusive use, added protection from competitors, increased value of brand and goodwill as well as adding value to the business itself.

It is a common misconception that registering a business name is a good way to prevent others from using that name. Accordingly, registering your business name with ASIC is not enough to protect your rights to a name.

Trademark registration is a relatively inexpensive and effective way to achieve protection of your business name. Upon registration, trademark owners are afforded a bundle of rights relating to ways in which they can use the mark to the exclusion of others. This includes the right to exclusively use the mark in Australia to brand your goods or services, licence or assign it as well as the right to take legal action against other traders whom make unauthorised use of your mark.

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