Business Name registration is required whenever a person or company conducts a business in a name other than their own name. The main reason for this is to provide a data base of such names to enable the public to search and establish who is conducting the business of that name.
The registration of the Business Name does not confer any proprietary rights in the name.
A Trade Mark is generally a name or stylised logo used in trade and commerce to identify particular goods or services. Registration is voluntary. Some people choose not to register a trade mark, usually for financial reasons.
However, Trade Mark registration carries with it exclusive rights to use that name or mark in one or more classes of goods and/or services. Unauthorised use of the mark by any party may result in action for infringement of the Trade Mark proprietors’ exclusive rights.
It is always advisable to arrange for extensive searches of Trade Mark and other databases before investing time and money in a trade mark or logo in case someone else has already registered a similar mark or logo.
If the mark or logo is available an application should be lodged promptly to avoid complications.
Law Institute of Victoria Accredited Specialists - Commercial Law