Trademarks, business names and domain names: Do you know the difference?

Kenneth Davies
Nov 2 · 3 min read

Most people don’t understand the difference between a trademark, business name or domain name and the rights that attach to each of these. This article sets out in plain English the difference between each and more importantly, the rights that your business can gain from each.

Wolf Freeman works with startups and small to medium sized businesses to help with their brand development and brand protection. All too often our clients will come to us seeking advice about how to protect a brand name they have conjured up, only to discover that another business is already using that name as a brand. It is the misunderstanding of owning a business name that often confuses our clients.

Business name

So what rights attach to a business name. A business name is simply a name that is used to identify a business, but not their services or goods. Business names are registered under the National Business Names Register, which is administered by ASIC.

Effectively, it allows a business to offer goods or services under that business name. Owning a business name does not, however, allow that legal entity to prevent other entities from offering goods or services under that name.

Trade marks

A trade mark is effectively a sign that is used by a business to distinguish its goods or services from the goods or services of other businesses in the market. A trade mark doesn’t have to be registered and trade marks that are unregistered have fewer rights under the Trade Marks Act 1995 (Cth). Registered trademarks, however, allow the owner to have many more rights to protect their brand. Registering a trademark allows you to have the exclusive use of that trade mark.

A trademark is defined as a sign used or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by another person.

There are many types of signs that can be registered, including any word, letter, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent.

A trade mark can be registered for specific goods or services listed under Classes. The real benefit to owning a trademark for your brand is that it allows you to protect it from being used or exploited by others. Owning the trade mark can be one of your most valuable assets that can be licensed or sold at a later date.

Domain name

A domain name is different in many respects to a trademark and business name. You cannot own a domain name, rather a domain name is licensed to you. As such, the rights and protection afforded to obtaining a licence to a domain name are very limited.

If you own a trademark and business name, but someone else has the licence to the identical domain, there are certain avenues that you can pursue to obtain the domain for your own business.

Wolf Freeman provides specialist branding advice and works with clients to secure their trade marks. From conducting trade mark searches through to complete branding advice.

Visit us today at www.wolffreeman.com.au or email info@wolffreeman.com.au to learn more.

Trademarks, business names and domain names: Do you know the difference?

This article outlines the differences between trademarks, domain names and business names