If I register a business name do I need to register a trade mark?

Business names and trade marks 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 trade mark 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 trade mark, but that would not give you the benefits of a registered trade mark.

The differences between a business name and a trade mark are described below:

QuestionRegistered business nameRegistered trade mark
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 trade mark yes, but without the benefits of a registered trade mark 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 trade mark? 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 trade mark as part of a branding strategy