Interview: Individual, company or ...?

A trade mark is different from a trade name (also a business name) (a personal name or a business or company name, under which a person carries on business).  If goods or services are provided under a trade name, that name may also function as a trade mark.

There is a great deal of confusion between trade marks and trade names (personal name, business name or company name).  It is important to become familiar with the different registration requirements.

A business name is the name under which your business trades and it needs to be registered in every state where trading takes place.

A company name must be registered with the Australian Securities & Investments Commission (ASIC). However, if you want your company to trade under a different name than the company name, then you are also required to register the trading name as a business name.

The critical lesson is that registration of a business, company or domain name does not in itself give you any proprietary rights - only trade marks provide rights.  If you want to ensure that exclusive use of your name throughout Australia and improve your protection, you should strongly consider registering your trading name (business name) as a trade mark.

Have you already set up your business and determined your business structure?