Is Your Business Name Trademark Ready?
A Practical Guide for Australian Business Owners
Your business name is more than just a label; it’s your identity, your reputation, and one of the most valuable assets your business can own. But how well is it protected?
Many Australian business owners think that registering a business name or purchasing a domain gives them exclusive rights to that name. Unfortunately, that’s not the case. Only a registered trademark gives you legal ownership and the exclusive right to use your business name (or logo, slogan, or other brand assets you choose to protect) in connection with the products or services you provide.
In this guide, we will explore the importance of a trademark and help you determine whether your business name is “trademark ready”.
Why Trademarking Your Business Name Matters
As your business grows, so does the value of your brand. A trademark acts like a legal fence around your name, logo, or other brand elements, stopping others from using something similar that could confuse your customers.
Here are just a few reasons why trademarking your business name is essential:
Exclusive rights: If you have trademarked your name, you are the sole owner of the right to use the name for your specific products or services in Australia.
Legal Protection: You can take legal action against anyone who uses a name or logo that is confusingly similar to yours.
Asset value: A trademark is a type of intellectual property that serves as a business asset, which can be licensed, sold, or franchised.
Credibility and trust: A registered trademark lends legitimacy to your brand in the eyes of customers, partners, and investors.
Peace of mind: Trademarking helps you avoid rebranding headaches and legal disputes later.
What Happens If You Don’t Register a Trademark?
If you don’t register your trademark, you risk someone else doing it before you. And if they do, they could potentially legally prevent you from using your business name.
Here’s what else could happen:
You’ll have limited legal recourse if another business copies or imitates your brand.
Competitors can benefit from your hard-earned brand recognition.
You may be forced to change your business name, website, marketing materials, and signage.
The cost of not trademarking can far exceed the time and expense of registering now. Tools like Trademarks Online make the process simple for you.
Is Your Business Name Trademark Ready?
Not all business names are suitable for trademark registration. Here’s a simple checklist to help you find out if yours is ready for the next step:
1. Is your name unique and distinctive?
Trademark law favours names that are memorable and original. Generic or descriptive names like “Melbourne Cleaning Services” or “Fast Food Delivery” are harder to trademark because they describe the service, not the brand.
Good trademark-ready names often:
Uniquely combine words (e.g. “Canva” or “Netflix”)
Create a new word (e.g. “Xero”)
Use symbolic or metaphorical meaning (e.g. “Apple” for tech)
Tip: Avoid names that are too broad, vague, or closely resemble everyday terms in your industry.
2. Is your name already in use by someone else?
You may love your business name, but someone else might already be using it and may have registered it as a trademark.
Before choosing your business name, carry out an internet search (Google is always a good starting point) to see if anyone else in your industry is using the same or a similar name. You can also search the TM Checker Tool or the Australian Trademark Search Database to see if there are any existing or similar trademarks in the same category that could be problematic.
3. Does your business name contain restricted terms?
The Australian Trademark Office has a set of prohibited or restricted words, phrases, and symbols that can’t be registered unless you have special permission. Here are the main ones to watch out for:
National and Government-Related Words
Words like Commonwealth, Federal, Government, Royal, or Governor-General are often restricted. You may also need special approval to use terms that imply a direct connection to the Australian Government or a state/territory government.
Protected Event Names
Certain event names have strong legal protection, such as:
Olympic, Olympiad, and the Olympic rings symbol (protected under the Olympic Insignia Protection Act 1987)
Paralympic, Commonwealth Games
Even variations like “Olympex” or “Olymplast” could be rejected for being too close.
Military and Historical Terms
ANZAC is strictly controlled under the Protection of Word “ANZAC” Regulations 1921. It can only be used with the approval of the Minister of Veterans’ Affairs, and typically only in ways that honour the ANZAC spirit.
Official Symbols and Flags
You can’t trademark the Australian flag, coats of arms, or other official emblems unless authorised. This includes state flags and government seals.
The Trademark Office may also reject your application if it could mislead or deceive consumers about:
Geographic origin - e.g., calling your wine “Barossa Gold” when it’s made outside the Barossa Valley.
Quality or characteristics - e.g., “Organic Fresh Honey” when it’s not organic.
Endorsement or affiliation - e.g., using “Australian Government Approved” when you have no such approval.
Even if your name is unique and clever, the Trademark Office may challenge it if it implies something untrue about your product, service, or business connections.
Are you clear on the products or services you offer?
When applying for a trademark, you’ll need to choose the goods/services that are relevant to your business. Goods and services are grouped into 45 categories (called “classes”), each covering different business types.
Some example of trademark classes and their products and services:
Class 14: Jewellery, precious stones and clocks
Class 35: Retail services, business and advertising services
Class 41: Education and training
Class 9: Software and downloadable apps
Class 35: Clothing, shoes and hats
If you pick the wrong goods and services or don’t include everything your business does, your trademark may not give you the full protection you need.
Tip: If your business spans multiple areas, you may need to register under more than one class.
Is your name future-proof?
Choosing a trademark-ready name means thinking about how your business might grow. Will your name still work if you expand into new services or locations?
Ask yourself:
Does your name allow for growth?
Does it reflect your brand values?
Will it resonate with customers long term?
A trademark is a long-term investment, so it’s worth getting the name right before you apply. Seeking the help of an experienced branding specialist may benefit you in this situation.
How to Get Your Trademark Registered
Once your name is trademark-ready, you can apply for registration directly through IP Australia, but many business owners find the process time-consuming and confusing.
That’s why we created an online trademark platform to take the hassle out of registration. Our platform helps you:
Choose the right products and services easily
Prepare your application correctly
Submit everything in just a few clicks
Need More Time To Get It Right?
If your business name isn’t quite trademark-ready, don’t worry. There are still options.
You can adjust your name to make it more distinctive.
You can add a strong visual logo - logos are more likely to be automatically accepted.
If you’re stuck, you could contract a graphic designer or branding specialist to help you develop your brand visuals.
Check out our FAQs if you need more information.
Your business name represents your effort, your values, and your vision. Protecting it with a registered trademark isn’t just a legal formality; it’s a smart business move.
Frequently Asked Questions
What’s the difference between a business name and a trademark?
Registering your business name with ASIC gives you the right to operate under that name, but it does not give you trademark protection.
It’s a common myth that a business name registration equals legal ownership. It doesn’t. The only way to own your business name is by trademarking it.
Think of it this way:
Business name registration = permission to trade
Trademark registration = legal ownership and protection
Do I need to register my logo separately from my business name?
If you want protection for both your name in text and your logo design, you’ll need two separate applications.
If your logo contains your business name, the registration will protect that specific design, but not necessarily the name in plain text.
How much does it cost to register a trademark in Australia?
If you’re using the Trademarks Online tool, an application for one trademark in one class costs $650 + GST. Additional classes in the same application cost $500 + GST.
In Australia, trademark costs vary depending on the number of classes of goods/services in your application. An online application with IP Australia costs between $250 to $550 per class, but this is often a longer process that may be accompanied by lawyer fees.
Does my Australian trademark protect me overseas?
No, Australian trademark registration only protects your brand in Australia. If you trade internationally, you need to apply for trademark registration in each of the countries you operate in.
We provide online trademark application services in the United Kingdom, Benelux, Singapore, Hong Kong, Malaysia, New Zealand and Australia.
How long does the trademark process take?
You can submit your application within minutes using our online trademark platform. It will then take the Trademark Office around four to six months to review your application.
It takes around seven months for your trademark application to be registered, provided there are no objections.
Once registered, your trademark does not have to be renewed for ten years.
Check out this infographic diagram and article to better understand each step of the trademark process.
