What is a Business name
A business name is simply a name or title under which a person or entity conducts a business. In Australia, unless you fall within an exemption, you must register your business name. On 28 May 2012, this register became a national register of business names. The purpose of the register is to provide a way to identify the entity that is carrying on business under a business name.
– extracted from ASIC website (23/11/2012)
You can search your business name availability by visiting Australian Securities and Investment Commission (ASIC) website ASIC Connect tool.
What is a Trademark
Trademarking protects your business name and ensures that it is unique in the goods or services class that it is registered in. For example, a company could register its unique name in the food area. Your name cannot be used by another business in the food business, but it could for other areas, such as automobiles. It is possible to trademark the name in every possible area, but this is not a feasible option for most. It is simply enough to trademark the unique name, sound, look, shape etc. in the one area you wish to trade in.
How to trademark and costs involved
Registering the trademark online is cheaper $120 per class (list, goods and services) $180 for paper registration.
It is 3-4 months before the application is examined by IP Australia. They will determine if your application truly is unique during this time.
If its accepted goes to journal, advertised in online journal for about 3-4 months, during which time people can complain about the trademark if they feel it is not unique.
Registration fee is $250 per class and lasts 10 years if it is approved and no one has apposed it.
To assist new business start-ups, IP Australia has developed a new online trademark search, called TM Check, where you can search for existing trademarks – at no cost – to ensure your business name does not infringe on an existing registered trademark. Check database first! Make sure it’s not the same or too similar to another business.
