- Blog
- May 6, 2026
We need to talk about something that trips up a surprising number of Australian business owners. It’s one of the most common misunderstandings in the IP world, and it can end up being one of the most costly.
The misunderstanding goes like this: “I registered my business name with ASIC, so my brand is protected.”
It’s a completely reasonable assumption. You went through a government process. You paid a fee. You received a confirmation. It feels like you’ve ticked the box. But here’s the reality: registering a business name and registering a trade mark are two entirely different things, handled by two entirely different government bodies, offering two entirely different levels of protection.
And confusing the two can leave your brand wide open.
What Business Name Registration Actually Does
When you register a business name through ASIC (the Australian Securities and Investments Commission) – which you do via the Business Registration Service at business.gov.au – you’re getting permission to trade under that name. That’s it. You’re telling the government, “This is the name I’m using for my business.”
It costs about $44 for one year or $102 for three years (as of 2026). It’s quick, it’s cheap, and it’s a legal requirement if you’re operating under a name different from your own.
But here’s what it doesn’t do:
- It doesn’t give you exclusive rights to the name.
- It doesn’t stop someone else from registering a similar or identical trade mark.
- It doesn’t give you legal grounds to prevent a competitor from using a similar name.
- It doesn’t protect your brand in any intellectual property sense.
Multiple businesses across Australia can have the same or very similar ASIC-registered business names. ASIC doesn’t check for conflicts with existing trade marks or even with other business names in different states. It’s essentially a register, not a protection mechanism.
What a Trade Mark Registration Does (That a Business Name Doesn’t)
Registering a trade mark with IP Australia is a fundamentally different process. It involves an examination of your mark against existing registrations and applications. It gets published for opposition so that anyone with concerns can raise them. And if it successfully makes it through, it gives you something a business name registration never will: exclusive legal rights.
With a registered trade mark, you can:
- Legally prevent others from using a confusingly similar mark for similar goods or services anywhere in Australia.
- Take enforcement action – from cease and desist letters through to Federal Court proceedings – against infringers.
- Use the ® symbol, which signals to the market that your brand has legal backing.
- License or sell the trade mark as a commercial asset.
- Strengthen your position in any business sale, merger, or investment due diligence.
A trade mark registration lasts 10 years and is renewable indefinitely. A business name registration lasts one or three years and offers no IP protection at all. They’re playing in completely different leagues.
The Real-World Scenario That Keeps Happening
Let us paint a picture we’ve seen play out more times than we’d like.
Sarah (not a real client – but based on a very common pattern) starts a skincare business in Melbourne. She registers her business name, builds a website, invests in packaging, starts gaining customers. Things are going well.
Two years later, she discovers that another skincare company has registered a nearly identical trade mark. Sarah doesn’t have a trade mark of her own. The other business does.
Suddenly, Sarah is the one in a difficult position. The other party can argue that Sarah is infringing their trade mark. Sarah’s options are limited: she can try to argue that she used the name first (which is possible but expensive and uncertain), or she can rebrand.
The cost of rebranding – new labels, packaging, signage, website, marketing, and the loss of brand recognition she’d built over two years – far exceeds what it would have cost to register a trade mark at the start.
This isn’t hypothetical. It happens all the time.
So You Need Both?
Yes, if you’re trading under a name that’s not your own personal name, you legally need a business name registration through ASIC. That’s a regulatory requirement.
But if you want to actually protect that name – to have exclusive rights, to prevent competitors from using it, to build a brand that has real commercial value and legal backing – you need a registered trade mark.
Think of the business name registration as your licence plate and the trade mark registration as your insurance. The licence plate identifies you. The insurance protects you.
What About Domain Names, Company Names, and ABNs?
While we’re clearing up common confusion, let’s address the whole family:
Domain name (.com.au):
Registering a domain gives you a web address. It does not give you trade mark rights or brand protection.
Company name (Pty Ltd):
Registering a company name with ASIC gives you a legal entity. It does not provide IP protection. You can have a registered company name that conflicts with someone else’s trade mark.
ABN:
Your Australian Business Number is a tax identifier. It has nothing to do with brand protection.
None of these – not one – provides the level of brand protection that a registered trade mark does. They’re all administrative registrations. A trade mark is a legal right.
When Should You Apply for a Trade Mark?
Ideally, before you launch. Or, failing that, as soon as possible.
The longer you operate under an unprotected name, the more you invest in a brand that someone else could potentially take from you. Early trade mark registration is one of the most cost-effective risk management decisions a business can make.
If you’ve been operating for a while without one, don’t panic – but don’t wait either. The sooner you file, the sooner you have protection. And every day you wait is a day a competitor could file before you.
We’ve covered common trade mark registration mistakes in an earlier blog post. It’s worth a read if you’re thinking about filing.
Frequently Asked Questions
Can someone else trade mark a name that I’ve registered as a business name?
Yes. ASIC business name registration does not prevent someone else from applying for a trade mark over the same or a similar name. If they get the trade mark, they may have stronger rights than you.
Does my business name registration give me any IP rights at all?
No. It’s a regulatory requirement, not an IP right. You may have some common law rights through use (sometimes referred to as “reputation”), but these are much harder and more expensive to enforce than registered trade mark rights.
How much does a trade mark cost compared to a business name registration?
A business name registration costs $44–$102. A trade mark registration typically costs between $1,200 and $3,000 (including attorney fees and government fees) for a standard application. The difference in protection is enormous.
Can I register a trade mark if someone else has the same business name?
Potentially, yes. ASIC business name registration and trade mark registration are separate systems. However, if the other party has been using the name extensively, there could be complications. An experienced trade mark attorney can assess the situation.
The Bottom Line
Your brand is one of the most valuable things your business owns. It’s how customers recognise you, trust you, and choose you over competitors. Protecting it with a registered trade mark isn’t a luxury – it’s a business necessity.
A business name registration is not enough. It never has been. And in a market that’s getting more competitive every year, waiting is a risk you can avoid.
Want to check whether your business name is protected? Book a cost-free, obligation-free initial meeting with Ascot Martin and we’ll walk you through your options. → ascotmartin.com.au/contact-us