Why registering your business name isn’t enough to protect your brand

Registering your business or company name with the Australian Securities and Investments Commission (ASIC) is an important legal step but it doesn’t give you ownership of the name. Unless you’ve also registered a trademark, your business name remains legally unprotected from use by others. 

If you’re still deciding on a business name, it’s a good idea to check that your preferred name is not already trademarked. Choosing a name that is already protected could expose you to legal risks or force you to rebrand. 

What ASIC registration means 

ASIC business name or company registration is an administrative requirement that lets you operate under a chosen name. It doesn’t prevent other businesses from registering similar names or using the name in other sectors or regions. It also doesn’t grant exclusive rights to use the name as a brand. 

To obtain enforceable legal protection over a name, logo, or slogan, small businesses need to register a trademark through IP Australia. A trademark legally recognises your right to use the brand in relation to specific goods or services and allows you to take legal action if someone else tries to use it without permission. 

Why trademarks matter 

Not registering a trademark can lead to costly disputes. Consider the following real-world examples: 

• Katy Perry vs Katie Perry: An ongoing trademark dispute between a Sydney fashion designer and the global pop star shows how trademark rights can clash. After initial wins and appeals, the High Court is now set to rule on the matter. 
• Establishment 203 vs Merivale: A Brisbane restaurant had to rebrand after Merivale enforced its trademark for “Establishment”, highlighting the risks of operating under a name already protected by someone else. 

These cases demonstrate that even long-standing businesses can lose the right to use a name if they don’t register a trademark early. 

How to protect your brand 

If you're yet to decide on your business name, take the time to search the trademark register before committing. This can help you avoid selecting a name that is already protected, reducing the risk of future disputes. 

• Search the IP Australia trademark register 
• Register a trademark for your name, logo, or tagline 
• Secure related domains and social media handles 
• Seek professional advice early 

Visit IP Australia to get started. 

Mediation before litigation 

If you're in a brand or name dispute, mediation can be a smart first step. It’s faster, cheaper, and less stressful than court, and gives both parties a chance to resolve the issue fairly. 

The NSW Small Business Commission offers a low-cost mediation service for civil disputes, including branding and IP matters. 

Learn more at: www.smallbusiness.nsw.gov.au/mediation 

Further support 

For tailored assistance with business registration, contact a business advisor at Service NSW Business Connect.