Trademark vs Business Name: What's the Difference?

By Hollie Ford · 2026-03-10

One of the biggest misconceptions in Australian business is that registering a business name protects your brand. It doesn't. Here's the difference — and why it matters.

Business Name Registration

When you register a business name with ASIC (the Australian Securities and Investments Commission), you're simply registering the name you trade under. It's a legal requirement if your business operates under a name other than your own personal name.

What it gives you:

• The legal right to trade under that name
• Listing on the ASIC business names register

What it does NOT give you:

• Exclusive rights to the name
• The ability to stop others from using a similar name
• Protection if someone else trademarks the same name

Trademark Registration

A registered trademark gives you exclusive legal rights to use a brand name, logo, or slogan in connection with specific goods or services. It's registered through IP Australia and provides nationwide protection.

What it gives you:

• Exclusive ownership of the brand name for your goods/services
• The legal right to stop others from using a confusingly similar mark
• A valuable business asset that can be licensed, sold, or franchised
• Protection that lasts indefinitely (renewed every 10 years)

The Key Differences

A Real-World Example

Imagine you register the business name "Bright Bean Coffee" with ASIC. Six months later, someone else registers the trademark "Bright Bean" for coffee products. They now have the legal right to stop you using that name — even though you registered it first as a business name.

This scenario happens more often than you might think.

Do You Need Both?

Yes. If you're serious about your brand, you need both:

1. Business name registration — to legally operate under your chosen name
2. Trademark registration — to protect and own your brand exclusively

When Should You Trademark Your Business Name?

The sooner, the better. Every day you trade without a registered trademark, you're at risk of someone else claiming rights to a similar name.

Priority situations:

• You're about to launch a new business or product
• You're investing in marketing, packaging, or signage
• You're franchising or licensing your brand
• A competitor is using a similar name

Get Started

Not sure if your business name is available as a trademark? We offer a free trademark search — tell us your brand name and we'll take a quick look.

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