Here is something a lot of first-time founders find out the hard way. Registering your business name does not mean you own it.
It sounds backwards. You went through the process, paid the fee, and got confirmation from ASIC. Surely the name is yours now. But legally, registering a business name does not give you ownership of that name. To have a legal right over it and take action against someone using it without permission, you need to register it as a trade mark.
That distinction matters enormously when setting up a business in Australia. And the sooner you understand it, the better positioned your business is.
Business Name Registration vs Trade Mark. Know the Difference
These two things serve completely different purposes and people mix them up constantly.
Registering a business name with ASIC:
- Lets you legally trade under that name in Australia
- Stops another business from registering the identical name with ASIC
- Does not stop someone with a registered trade mark from using a similar name
- Does not give you any intellectual property rights
- Does not stop a sole trader from trading under something nearly identical
Registering a trade mark with IP Australia:
- Gives your business exclusive rights to use the trade mark in Australia
- Provides the ability to authorise others to use your trade mark through licensing agreements with producers, distributors, sellers, or contractors
- Lets you legally go after anyone who uses it without permission
- Can be bought, sold, or transferred and increases the value of your business
The short version: ASIC registration identifies your business. A trade mark protects it. You need both.
Step One: Search Before You Commit to a Name
Before you spend money on branding, a logo, a website, or anything else, run these three checks.
- ASIC register: Confirms whether the business name is already taken by another registered entity
- IP Australia’s TM Checker: Shows existing trade marks that might be identical or similar to your proposed name. This is the check most people skip and regret later
- Domain names and social media handles: Registering a name does not secure a domain or social presence. Check those separately
An ASIC check alone is not enough. Always run a thorough trade mark search too. Someone may be trading under a name that is not on the ASIC register but is a registered trade mark. If you build a brand on top of that name, you are building on someone else’s legal property.
Step Two: Register Your Business Name with ASIC
When setting up a business in Australia, you are legally required to register a business name if you trade under any name other than your own. Under the Business Names Registration Act 2011, it is an offence to carry on business under an unregistered business name.
Registration is done through ASIC Connect. It costs $44 for one year or $102 for three years. Once registered, your name appears on the national register and no other business can register the identical name. That is the extent of the protection. Nothing more.
You will still need to register the business name with ASIC even if you have a registered trade mark. And registering a business name that is someone else’s registered trade mark may lead to legal problems. Always check before you register.
Step Three: Trade Mark Your Brand with IP Australia
This is the layer of protection that actually holds up legally. A registered trade mark gives your business exclusive rights to use it in Australia. No one else can commercially use your trade mark for the same goods or services you have it registered for.
What can you trade mark in Australia:
- Business name or brand name
- Logo or visual identity
- Slogan or tagline
- Shape of a product or its packaging
- A word, phrase, letter, number, sound, smell, shape, logo, picture, or packaging
What it costs:
The trade mark registration process takes at least seven months and costs a minimum of $250. That is the base filing fee for one class of goods or services. Most businesses need more than one class. Each additional class adds to the cost. Once registered, protection lasts ten years and can be renewed indefinitely.
The class system matters a lot here. IP Australia uses 45 categories called classes to organise goods and services. A clothing brand registers in a different class than a software company. You only get protection in the classes you apply for. If a competitor starts selling something similar in a class you did not register, your trade mark does not cover it. Think carefully about every category your business touches before you file.
Step Four: Protect Your Domain and Online Presence
A trade mark does not automatically protect your domain name. These are separate systems managed by different bodies.
- Register your .com.au domain through an accredited registrar. A .com.au domain requires an Australian Business Number, which you will have once you are registered with ASIC
- Register your preferred domain name as early as possible, even if your website is not ready yet. Someone else can register it while you wait
- Secure your social media handles across platforms you plan to use, and a few you might not. Squatters exist and reclaiming a handle is far harder than claiming it first
Platforms like Google, Facebook, LinkedIn, and Instagram will remove advertisements that misuse a protected trade mark. But they need proof of registration to act. Without a registered trade mark, your options for removing infringing content on these platforms are limited.
Step Five: Copyright Is Already Working for You
Most people do not realise this. Copyright protection is free and automatic in Australia. The moment you create original written content, a logo, marketing material, photography, or any other creative work, copyright protects it without any registration required.
What copyright covers:
- Written content on your website and marketing materials
- Original logo design
- Product photography
- Software code you have written
- Creative packaging design
What it does not cover: names, titles, slogans, or brand names. That is what trade marks are for. Copyright and trade marks work together, not instead of each other.
Step Six: If You Plan to Expand Internationally, Act Early
If there is any chance your business will operate outside Australia, think about international protection before you get too far down the road.
After your Australian filing, you have a six-month priority window. Filing internationally within this period via the Madrid Protocol allows your international applications to be back-dated to your original Australian priority date. The system lets you file a single application in English to designate up to 130 member countries.
Each country still examines your application under its own local laws, but the Madrid Protocol makes the process significantly more manageable than filing separately in every country you want to enter. If international expansion is on the roadmap, talk to an IP professional early.
The Mistakes Worth Avoiding
These come up constantly and all of them are avoidable.
- Assuming ASIC registration is enough: It identifies your business. It does not protect your brand. These are different things
- Searching only ASIC and not IP Australia: A name can be available on the ASIC register and still be someone else’s registered trade mark
- Filing in too few trade mark classes: You only get protection in the classes you register. If your business touches multiple categories, register them all
- Waiting too long to trade mark: The longer you wait, the more brand equity you build on unprotected ground. Someone can file the same name tomorrow and they would have the legal upper hand
- Ignoring domain and social handle registration: Your trade mark does not cover these. Register them separately, register them early
Protecting Your Brand is Part of Setting Up Properly
Most of this gets treated as something to do later. It should not be. The cost of rebranding after you have built a customer base, a following, and a reputation is far higher than the cost of protecting your name properly from the start.
Setting up a business in Australia the right way means ASIC registration, a trade mark with IP Australia, your domain secured, and copyright working in the background for everything you create. None of it is complicated. It just needs to happen in the right order, at the right time.
At Aadmi, we help entrepreneurs and international businesses get the foundation right from day one. Company registration, compliance setup, and ongoing corporate support, so you can build your brand knowing it is actually yours.
It also helps to explore business name registration in Australia, IP Australia trade mark process, ASIC company registration, brand protection for small businesses, and corporate compliance in Australia as you plan your setup.
FAQs
Does registering a business name with ASIC protect it legally?
Not fully. It stops another business from registering the identical name with ASIC but does not give you intellectual property rights or stop someone with a registered trade mark from using a similar name. A trade mark is what gives you real legal protection.
How long does it take to register a trade mark in Australia?
At least seven months from the date of filing. The process involves examination by IP Australia and a public opposition period before registration is confirmed.
Can someone take my business name if I have not trade marked it?
Yes. If someone registers your name as a trade mark before you do, they can legally require you to stop using it even if you registered the business name with ASIC first. File your trade mark as early as possible.
Do I need to register a trade mark in every country I operate in?
Protection is country specific. Your Australian trade mark only covers Australia. For international protection, the Madrid Protocol lets you file a single application covering up to 130 countries, with a six-month priority window from your Australian filing date.
