Does registering a business name protect my brand?

You must register a business name with ASIC if you trade under a name other than your own (or your company's exact name). Registration puts your name on a public register so customers know who runs the business. ASIC won't register a name that is identical or nearly identical to one already registered.

That's where the protection ends. A business name registration doesn't:

• give you an exclusive right to use the name
• stop someone registering or using a similar name
• protect your name or brand the way a trade mark does

Registering a company name or a domain name doesn't give you brand ownership either.

A trade mark registered with IP Australia gives you the exclusive right to use it in Australia for the goods and services listed in your registration. You can take action against someone using a sign that is the same as, or deceptively similar to, your trade mark for the same or similar goods and services. You can also sell or license it.

Registration lasts 10 years and can be renewed indefinitely. You can protect your name, your logo or both.

Two limits to keep in mind. Protection only covers the goods and services you list, so choose your classes carefully. And an Australian trade mark only protects you in Australia.

ASIC and IP Australia run separate registers that don't cross-check. ASIC can approve your business name even if someone else already owns a registered trade mark for it. If that happens, the trade mark owner may be able to stop you using the name, and you could be forced to rebrand after investing in signage, packaging and a website.

Before you settle on a name:

• search IP Australia's trade mark register, or use its free TM Checker tool
• check ASIC's business and company name registers
• check whether the domain and social media handles you want are available

Avoid names that simply describe what you sell. IP Australia gives examples like "warm" for heaters, which may not be registrable as a trade mark.

Using a name builds some rights over time, but they are harder to enforce.

Passing off is a common law claim. You need to prove you have a reputation in the name, that the other business's use is likely to mislead or confuse customers, and that you have suffered or are likely to suffer damage.

The Australian Consumer Law prohibits misleading or deceptive conduct. It can help if a competitor's name leads customers to think they're dealing with you.

Both usually involve more evidence, time and cost than enforcing a registered trade mark. If someone registers a similar trade mark after you started using your name, your earlier use may help you oppose it or defend yourself, but proving it can be slow and expensive. A Sprintlaw lawyer can search the register and file a trade mark application for a fixed fee.