So far in this five-part series, we have discussed the importance of creating a strong brand through components such as your business name, your logo and tagline, and even the colours you use within your advertising materials. We have also considered how businesses and their brand identities can be protected by legal procedures such as trademark registration.

But are trademarks and business names the same thing? In short, the answer is no. Whilst registering either can give your business and brand elements of protection, trademark registration is the only way you can really be effectively and fully protected by the law.

What is a trade mark?

A trademark is a sign used, or intended to be used, to distinguish goods or services dealt with, or provided, in the course of trade by a person from goods or services so dealt with or provided by any other person (Trade Marks Act 1995, s17).

Commonly referred to as a ‘badge of origin’, essentially, a trade mark is a distinctive sign that is applied to goods or services to identify the source of those goods or services. There is no limit to what constitutes a ‘sign’ in trademarks law. Hence, it can be anything from your brand name to the design of your logo or even the colours of your brand.

As mentioned previously, trademark registration is one of the most effective ways to protect your brand in the market. Trademark registration means that you have an asset for your business which can be sold, licensed to others or used as a form of security. You can control the use of the brand and stop others from using it. Trademark registration also places the public on notice of your rights which can be an effective deterrent for would-be infringers.

What is a business name?

Simply, it is the name under which a business trades. It differs from a trademark in that it is a compliance requirement, not an asset protection tool. A business name must be used exactly as it is registered, but there are no exclusive rights in a business name. So, you have little to no rights to stop your competitors from registering and using similar business names.

Nevertheless, choosing a business name remains an important part of your brand creation strategy and will help in conveying the right image when attracting your core customer base. Having a distinctive business name will allow you to be easily identifiable from your competitors, as well as providing a flavour of the range and quality of the goods or services you offer.

Once you have decided on your business name, you will need to check it against the national Business Names Register. Here, you can search existing business names and enter information to ensure the name you want to register is available to use. However, be warned that the Business Names Register only searches for identical business names that are registered and is not an effective brand availability or clearance searching tool.

Before registering your business name, you should also establish that there are no trade marks already registered for it or in use in the marketplace. This could not only prevent costly legal procedures in the future, but will give you peace of mind that you have the exclusive rights to use your business name as a brand without infringing someone else’s brand.

So what is the next step?

As you know, here at Ethikate we are brand protection and trademark registration specialists. We can not only assist you to develop effective brand protection strategies during the brand development phase, but we can also guide you through the legal processes of implementing these strategies including registering your brand as a trademark.

Having a strong brand protection strategy is essential when it comes to safeguarding your most valuable asset, so contact us today to get started!

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