If I register a business name do I need to register a trademark?
- Registering a business name is a legal obligation, if you choose to identify your business with a name that is different to the name of the legal entity that owns the business.
- Registering a trademark is a choice you make as part of a branding strategy for your products and services.
You could use your business name as an unregistered trademark, but that would not give you the benefits of a registered trademark.
The differences between a business name and a trademark are described below:
|Question||Registered business name||Registered trademark|
|Can I use it to identify my business?||Yes||No. You need a registered business name|
|Can I use it to identify products and services I sell?||As an unregistered trademark yes, but without the benefits of a registered trademark||Yes|
|Can I own it, so that it is my property?||No||Yes|
|Can I stop someone registering a similar name or mark?||No||Yes|
|If I have a registered business name can I stop someone who has registered an identical trademark?||No||Not applicable|
|Do I have a legal obligation to register?||Yes, if you identify your business with a name other than the business's legal name||No. You may choose to register a trademark as part of a branding strategy|
- Last reviewed: 23 Jul 2019
- Last updated: 13 Jun 2016