A business name and a trade mark are two different legal
concepts.
Essentially, the purpose of a business name is to allow for
identification of a business, where the person carrying on the
business is doing so under a name that isn't their own. If the
business owner cannot be properly identified and contacted, then
those who engage with the business may be disadvantaged.
Under the Business Names Registration Act 2011, it is
an offence to carry on a business under a name that is not
registered. It is also an offence if the person carrying on the
business does not include their business name in written
communications connected with that business, and the business name
is not displayed at business premises open to the public.
