What's in a name?

Business names, company names, domain names and trade marks
 

What's in a Name?

Choosing the right name for your new business or company is vital to creating a niche in a congested marketplace and to distinguish your goods and services from your competitors. In effect, you are creating an identity - something both memorable and meaningful.

In the market place, names can be both trade marks and business names, company names or domain names. This can be confusing, so it is important to understand the differences.

If your company name, business name or domain name is identical or similar to a registered trademark, you could be sued for infringement.

Company name
A company name must be registered under the national Corporations Act 2001 administered by the Australian Securities & Investments Commission (ASIC). If a company wishes to trade using a name other than its registered company name, the trading name must be registered as a business name.

Business name
A business name is a name under which a business operates. Business name registration is compulsory and must be completed before the business starts trading. Registration is obtained under state or territory legislation, so businesses trading in more than one state or territory must register their name under the laws of each one.

Domain names
Domain names are the addresses for sites on the Internet. Internet Names Australia (INA) administers the registration of com.au domain names. INA undertakes searches on company name, business name and trade mark databases for possible infringements before registering a new domain name. To register your trade mark as a domain name in Australia, it must be the same as your legal entity (business or company name).

Trade mark
A trade mark is a letter, word, phrase, sound, smell, colour, shape, logo, picture, aspect of packaging, or any combination of these. It identifies a product or a service of a business and distinguishes it from similar products and services.

As the owner of a trade mark you have exclusive legal rights throughout the whole of Australia to control the use of your trade mark for goods or services for which it is registered.

For Peace of Mind - Search the Trade Marks Database
A search of the trade marks database can help reveal any registered or pending trade marks which are identical or similar to your proposed business, company or domain name.

The trade marks database is accessible via the Internet on IP Australia's web site http://www.ipaustralia.gov.au. You can also visit your nearest IP Australia Office and conduct a search of the database yourself, at no cost. (Phone 1300 651010 for your nearest location.) Professional searches are also available from legal practitioners and search firms.

IP Australia also provides a professional search service called the Business Names Applicant Search Service (BASS). For $40 their trained staff will conduct a thorough search of the trade mark database and issue a report for any existing registered trade mark which is identical or very similar to your proposed name. They guarantee to provide you with a report within 24 hours (excluding weekends and public holidays).

If you pay by credit card, you can apply for a BASS search by telephoning 02 6283 2999 during normal business hours.

If you are considering applying for registration of a trade mark, IP Australia also produces a more comprehensive guide, The Trade Marks Application Kit, which is available free of charge from the Helpline or by contacting your nearest IP Australia Office on 1300 65 1010.

Want more information?
Phone IP Australia's Helpline on (02) 6283 2999 or email them at Tmhelpline@ipaustralia.gov.au. Phone ASIC's Infoline on 1300 300 630.