If I register a business name do I need to register a trademark?
Business names and trademarks serve quite different purposes:
- 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: 29 Sep 2020
- Last updated: 13 Jun 2016