Does Registering My Business Name Stop Others From Registering it As Well?

Someone else trading under your business name can seem like a nightmare as a business owner. It can steal sales generated from your hard work and dilute your brand with a bad image. For this reason, most business owners will take whatever steps they can to stop this from happening. 

If you've registered your business name with the Australian Government, you might assume that you have the exclusive rights to use your business name. However, this isn't entirely true. 

This blog will explain what registering your business name protects you from, what it doesn't, and what steps you can take to ensure the complete safety of your brand's name.

What Does Registering My Business Name Protect Me From?

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In Australia, registering your name in the national business name register only allows you to trade under that name. While competitors can't use the same name you have, it's entirely legal for them to make minor variations. For example, if your business is named "Parafield Plumbers", they could very quickly call their organisation "Parafield Plumbing Group". While these names are technically different, for the typical customer, it's difficult to tell these two apart.

Additionally, so long as you've only registered your business name, anyone who trademarks it becomes the legal owner. This means that if someone trademarks your business name, even if you've already been trading under it for several years, they'll be able to use that name for their business, and you'll be required to register a different name. 

Can I Register More Than One Business Name Using the Same ABN?

What Can I Do to Protect My Business Name From Others Using it?

The best way to protect your business name from others using it is to register it as a trademark. So long as there are no existing trademarks similar to yours and selling the same product, you'll be able to attain the exclusive rights to use that name.

This means that no other organisation can trade under your name. Additionally, no organisation can use a name that could be confused for yours. 

Should I Trademark My Business Name?

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The upsides of trademarking your business name in Australia are substantial. Put simply, you no longer have to worry about malicious actors using your brand's good name with a trademark. 

With that said, getting your name trademarked can be complicated. It's a time consuming and costly process, requiring you to wait at least 13 weeks and fill out a substantial amount of complicated legal paperwork. 

With that said, working with organisations like NameCorp can make this much more manageable. Because NameCorp are business name registration and trademarking experts, we can ensure all the paperwork is in order and get your name trademarked as quickly as possible.  

Our team of NameCorp business experts have decades of experience working with ASIC and the Australian Government. This means if you're an Australian business looking to get your business name trademarked, we can help you get it done quickly and smoothly.

Complete Guide: Do I Need to Trademark My Business Name in Australia?