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T. 1800 85 7070
F. 07 3319 6202
E. mail [at] ipwealth.com.au

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August 10, 2015Michael Beverley

ASIC Warns Directors About Trade Marks

Trademarks vs Company Names vs Business Names

Back in 2012, the Australian business name system and the company naming system became one. The purpose of this combined system in one register is to:

“provide a way to identify the entity that is carrying on business under a business name.”  – asic.gov.au

It’s only purpose it to identify the owners of these business. A business name or company name provides you no legal ownership to that name, just a way to identify you.  Interestingly people can trade in their own name legal without a business name. They will still need register for ABN. Also companies can  be registered with, and trade with, only a ACN number, but few do. When you registered your business name/company, they never asked you what goods or services your provided.

Only when you apply for a registered trademark are these questioned asked. And only a registered trademark gives you legal ownership and protection for goods or services you applied for. This first step is a trademark search.