Does having an ABN protect your business name?

Trademarks Online

Does having an ABN protect your business name?

I have an ABN. Isn’t my business name already protected?

Your ABN identifies your business. Protecting your brand is a separate step.

You may have wondered: “I already have an ABN (Australian Business Number) or an ACN (Australian Company Number) and I have registered my business name with ASIC. Haven’t I done everything I need to protect my business name?”

It’s a reasonable question. Setting up a business involves several registrations, and it’s easy to assume they all contribute to protecting your name.

But having an ABN, an ACN and/or a business name registration doesn’t give you exclusive rights to your business name, even if that name appears alongside your ABN on public records.

Here’s what those registrations actually do, and where your trademark application fits.

What does your ABN do?

Your Australian Business Number (ABN) is an 11-digit number issued by the Australian Tax Office (ATO) that identifies your business. It’s used for tax dealings and it’s the number you commonly use on invoices and business documents.

Registering a business name with ASIC is a separate step that links your trading name to the person or entity operating the business. You may have completed both registrations together, which is why they can feel like one process. If your business is a company, you will also have an ACN (Australian Company Number) issued by ASIC.

Neither having an ABN nor registering a business name gives you trademark protection.

Why does that matter?

Imagine you’ve built a cleaning business around a distinctive brand name. The name is on your van, website and uniforms. Customers recognise it and recommend you to others.

Then another cleaning business starts using a similar name. Enquiries get misdirected, customers confuse the businesses, and the reputation you’ve worked to build becomes harder to distinguish.

Having an ABN or business name registration doesn’t give you the right to stop that use. They identify your business; they don’t protect the brand customers recognise.

An established business may have other rights based on its reputation or earlier use. However, relying on those can require substantial evidence and a more complex dispute.

What does a registered trademark add?

A registered trademark provides legal protection for your brand, rather than simply identifying your business.

In Australia, a trademark registration gives you exclusive rights to use the trademark for the goods or services covered. It can also provide a legal basis to challenge a competitor’s use of an identical or deceptively similar brand.

Having a registered trademark doesn’t mean you own the name in every industry. For example, a trademark registration covering cleaning services doesn’t automatically cover a range of cleaning products. The goods and services you choose to include in your application help define your protection.

How do you find out whether your name can be registered as a trademark?

That’s a question the trademark application process is designed to assess.

In Australia, the Trademark Office (IP Australia) examines your application, including searching for earlier trademarks that may conflict and assessing whether your mark meets registration requirements. If the examiner raises an objection, you receive an explanation and an opportunity to respond.

You don’t need to work through every possible issue yourself before applying for your trademark. The examination process gives you a considered assessment of your application, although it doesn’t guarantee registration or eliminate every possible dispute.

If you need an earlier assessment of registrability of your trademark, we can help you request expedited examination – so you can get an answer quicker.