How can you dispute the registration of a business name similar to yours?

No one wants to discover that someone is imitating their brand, especially if it’s losing them business. How can you protect your business name?

Registering your business name isn't enough - you need a trade mark to protect your rights.

Your business's name is a unique mark – distinguishing your company from its competitors and bearing the reputation you've worked hard to build up. When another business owner comes along – particularly in competition to you – with a similar name, it's understandable to feel frustrated and upset.

Protecting the rights to your business name requires an understanding of both the Business Names Registration Act 2011 (Business Names Act) and trade mark law.

Your rights under the Business Names Act

The Australian Securities and Investments Commission (ASIC) is responsible for managing the registration and administration of business names. There are a set of rules outlined in the Business Names Act which determine what business names ASIC will allow.

Registering your business name prevents other organisations from registering identical, or nearly identical names. However, it does not:

  • Stop similar business names from being registered.
  • Give you exclusive rights to the use of any part of the name.
  • Prevent someone who has registered the name as a trade mark from using it.

Registering a business name that is similar to an existing trade mark may instead cause you legal troubles.

You must consider trade mark registration if you wish to protect your rights as a business owner.You must consider trade mark registration if you wish to protect your rights as a business owner.

How to protect your business name

In order to gain the exclusive rights to your business name, you must register it as a trade mark. Registering your business, name or domain name does not grant you any exclusive use rights.

Under the Trade Marks Act 1995, a registered trade mark grants you – and only you – the right to use, license and sell the associated intellectual property. This protection applies in all Australian states and territories for an initial period of 10 years, with the opportunity to renew your trade mark when necessary. You'll need to apply for the trade mark in other countries if you want to extend your rights across borders, however owning the Australian trade mark can make this easier.

Note that if you haven't used your trade mark in three years, other parties may request to have it deregistered.

It's a good idea to register your business name as a trade mark if you wish avoid legal complications or imitation.

For more information about protecting your intellectual property in Australia, seek legal advice in a free consultation with the professionals at Alder IP today.